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91_HB1383
LRB9103127MWgc
1 AN ACT concerning wireless 9-1-1 service.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Wireless Emergency Telephone Safety Act.
6 Section 5. Purpose. The General Assembly finds and
7 declares it is in the public interest to promote the use of
8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service
9 in order to save lives and protect the property of the
10 citizens of the State of Illinois.
11 Wireless carriers are required by the Federal
12 Communications Commission (FCC) to provide E9-1-1 service in
13 the form of automatic location identification and automatic
14 number identification pursuant to policies set forth by the
15 FCC.
16 Public safety agencies and wireless carriers are
17 encouraged to work together to provide emergency access to
18 wireless 9-1-1 and wireless E9-1-1 service. Public safety
19 agencies and wireless carriers operating wireless 9-1-1 and
20 wireless E9-1-1 systems require adequate funding to recover
21 the costs of designing, purchasing, installing, testing, and
22 operating enhanced facilities, systems, and services
23 necessary to comply with the wireless E9-1-1 requirements
24 mandated by the Federal Communications Commission and to
25 maximize the availability of wireless E9-1-1 services
26 throughout the State of Illinois.
27 The revenues generated by the wireless carrier surcharge
28 enacted by this Act are required to fund the efforts of the
29 wireless carriers, emergency telephone system boards,
30 qualified governmental entities, and the Department of State
31 Police to improve the public health, safety, and welfare and
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1 to serve a public purpose by providing emergency telephone
2 assistance through wireless communications.
3 It is the intent of the General Assembly to:
4 (1) establish and implement a cohesive statewide
5 emergency telephone number that will provide wireless
6 telephone users with rapid direct access to public safety
7 agencies by dialing the telephone number 9-1-1;
8 (2) encourage wireless carriers and public safety
9 agencies to provide E9-1-1 services that will assist
10 public safety agencies in determining the caller's
11 approximate location and wireless telephone number;
12 (3) grant authority to public safety agencies not
13 already in possession of the authority to finance the
14 cost of installing and operating wireless 9-1-1 systems
15 and reimbursing wireless carriers for costs incurred to
16 provide wireless E9-1-1 services; and
17 (4) provide for a reasonable fee on wireless
18 telephone service subscribers to accomplish these
19 purposes.
20 Section 10. Definitions. In this Act:
21 "Emergency telephone system board" means a board
22 appointed by the corporate authorities of any county or
23 municipality that provides for the management and operation
24 of a 9-1-1 system within the scope of the duties and powers
25 prescribed by the Emergency Telephone System Act. The
26 corporate authorities shall provide for the manner of
27 appointment, provided that members of the board meet the
28 requirements of the Emergency Telephone System Act.
29 "Master street address guide" means the computerized
30 geographical database that consists of all street and address
31 data within a 9-1-1 system.
32 "Public safety agency" means a functional division of a
33 public agency that provides fire fighting, police, medical,
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1 or other emergency services. For the purpose of providing
2 wireless service to users of 9-1-1 emergency services, as
3 expressly provided for in this Act, the Department of State
4 Police may be considered a public safety agency.
5 "Qualified governmental entity" means a unit of local
6 government authorized to provide 9-1-1 services pursuant to
7 the Emergency Telephone System Act where no emergency
8 telephone system board exists.
9 "Statewide wireless emergency 9-1-1 system" means all
10 areas of the State where an emergency telephone system board
11 or, in the absence of an emergency telephone system board, a
12 qualified governmental entity has not declared its intention
13 for one or more of its public safety answering points to
14 serve as a primary wireless 9-1-1 public safety answering
15 point for its jurisdiction. The operator of the statewide
16 wireless emergency 9-1-1 system shall be the Department of
17 State Police.
18 "WEES Trust Fund" means the Wireless Enhanced 9-1-1
19 Emergency System Trust Fund.
20 "Wireless carrier" means a provider of two-way cellular,
21 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
22 Mobile Radio Service (CMRS), Wireless Communications Service
23 (WCS), or other Commercial Mobile Radio Service (CMRS), as
24 defined by the Federal Communications Commission, offering
25 radio communications that may provide fixed, mobile, radio
26 location, or satellite communication services to individuals
27 or businesses within its assigned spectrum block and
28 geographical area or that offers real-time, two-way voice
29 service that is interconnected with the public switched
30 network, including a reseller of such service.
31 "Wireless enhanced 9-1-1" means the ability to relay the
32 telephone number of the originator of a 9-1-1 call and the
33 location of the cell site or base station receiving a 9-1-1
34 call from any mobile handset or text telephone device
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1 accessing the wireless system to the designated wireless
2 public safety answering point through the use of automatic
3 number identification and pseudo-automatic number
4 identification.
5 "Wireless public safety answering point" means the
6 functional division of an emergency telephone system board,
7 qualified governmental entity, or the Department of State
8 Police accepting wireless 9-1-1 calls.
9 "Wireless subscriber" means an individual or entity to
10 whom a wireless service account or number has been assigned
11 by a wireless carrier.
12 Section 15. Wireless emergency 9-1-1 service. The
13 digits "9-1-1" shall be the designated emergency telephone
14 number within the wireless system.
15 (a) Standards. The Illinois Commerce Commission may set
16 non-discriminatory, uniform technical and operational
17 standards consistent with the rules of the Federal
18 Communications Commission for directing calls to authorized
19 public safety answering points. These standards shall not in
20 any way prescribe the technology or manner a wireless carrier
21 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
22 and these standards shall not exceed the requirements set by
23 the Federal Communications Commission. However, standards
24 for directing calls to the authorized public safety answering
25 point shall be met. The authority given to the Illinois
26 Commerce Commission in this Section is limited to setting
27 standards as set forth herein and does not constitute
28 authority to regulate wireless carriers.
29 (b) Wireless public safety answering points. For the
30 purpose of providing wireless 9-1-1 emergency services, an
31 emergency telephone system board or, in the absence of an
32 emergency telephone system board, a qualified governmental
33 entity may declare its intention for one or more of its
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1 public safety answering points to serve as a primary wireless
2 9-1-1 public safety answering point for its jurisdiction by
3 notifying the Chief Clerk of the Illinois Commerce Commission
4 and the Director of State Police in writing within 6 months
5 after the effective date of this Act or within 6 months after
6 receiving its authority to operate a 9-1-1 system under the
7 Emergency Telephone System Act. In addition, 2 or more
8 emergency telephone system boards or qualified units of local
9 government may, by virtue of an intergovernmental agreement,
10 provide wireless 9-1-1 service. The Department of State
11 Police shall be the primary wireless 9-1-1 public safety
12 answering point for any jurisdiction not providing notice to
13 the Commission and the Department of State Police. Nothing
14 in this Act shall require the provision of wireless enhanced
15 9-1-1 services.
16 The Illinois Commerce Commission, upon a joint request
17 from the Department of State Police and a qualified
18 governmental entity or an emergency telephone system board,
19 may grant authority to the emergency telephone system board
20 or a qualified governmental entity to provide wireless 9-1-1
21 service in areas for which the Department of State Police has
22 accepted wireless 9-1-1 responsibility. The Illinois
23 Commerce Commission shall maintain a current list of all
24 9-1-1 systems and qualified governmental entities providing
25 wireless 9-1-1 service under this Act.
26 Any emergency telephone system board or qualified
27 governmental entity providing wireless 9-1-1 service prior to
28 the effective date of this Act may continue to operate upon
29 notification as previously described in this Section. An
30 emergency telephone system board or a qualified governmental
31 entity shall submit, with its notification, the date upon
32 which it commenced operating.
33 (c) Wireless carrier surcharge.
34 (1) Except as provided in paragraph (10) of this
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1 subsection (c), each wireless carrier shall impose a
2 monthly wireless carrier surcharge of $0.75 per CMRS
3 connection that either has a telephone number within an
4 area code assigned to Illinois by the North American
5 Numbering Plan Administrator or has a billing address in
6 this State. The wireless carrier that provides wireless
7 service to the subscriber shall collect the surcharge
8 from the subscriber. The surcharge shall be stated as a
9 separate item on the subscriber's monthly bill. The
10 wireless carrier shall begin collecting the surcharge on
11 bills issued within 90 days after the effective date of
12 this Act. State and local taxes shall not apply to the
13 wireless carrier surcharge.
14 (2) Except as provided in paragraph (10) of this
15 subsection (c), the wireless carrier collecting the
16 surcharge may retain 1% of the amount of the wireless
17 carrier surcharge collected from each subscriber in the
18 State each month as reimbursement for its expenses
19 incurred in collecting the surcharge, including
20 accounting and related expenses.
21 (3) Except as provided in paragraph (10) of this
22 subsection (c), a wireless carrier shall, within 45 days
23 of collection, remit, either by check or by electronic
24 funds transfer, to the State Treasurer $0.25 of the
25 amount of the wireless carrier surcharge collected from
26 each subscriber for recovery of its cost of implementing
27 wireless enhanced 9-1-1 services, including costs and
28 expenses incurred in designing, upgrading, purchasing,
29 leasing, programming, installing, testing, or maintaining
30 all necessary hardware and software required to provide
31 service as well as the costs of operating the service.
32 These costs may be both recurring and non-recurring. The
33 Treasurer shall deposit all the payments into the WEES
34 Trust Fund, created by this Act, within 14 days after
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1 payments are received from the wireless carriers. Moneys
2 deposited into the WEES Trust Fund shall be used
3 exclusively to reimburse wireless carriers for
4 establishing and maintaining their enhanced 9-1-1
5 emergency systems and for payment of the administrative
6 costs of the WEES Trust Fund.
7 (4) (A) A wireless carrier may recover all of its
8 costs incurred for the purposes of compliance with
9 the applicable provisions of Federal Communications
10 Commission wireless enhanced 9-1-1 service mandates
11 from the WEES Trust Fund. Those purposes shall
12 include, but not be limited to, the cost for
13 upgrading, purchasing, programming, and installing
14 necessary data, hardware, and software and
15 associated administrative costs and overhead.
16 (B) To recover costs from the WEES Trust Fund,
17 the wireless carrier shall submit to the State
18 Treasurer sworn invoices. Sworn invoices must be
19 submitted to the Treasurer in connection with any
20 request for payment. In no event shall any invoice
21 for payment be approved for payment of costs that
22 are not related to compliance with the requirements
23 established by the wireless enhanced 9-1-1 mandates
24 of the Federal Communications Commission, or for any
25 payment with respect to any wireless enhanced 9-1-1
26 service that is not operable at the time the invoice
27 is submitted, or for payment of any costs of any
28 wireless carrier exceeding 125% of the wireless
29 emergency services charges remitted to the WEES
30 Trust Fund by the wireless carrier under paragraph
31 (3) of this subsection (c) unless the wireless
32 carrier received prior approval for the expenditures
33 from the State Treasurer. If the total amount of
34 invoices submitted to the Treasurer and approved for
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1 payment exceeds the amount in the WEES Trust Fund in
2 any month, wireless providers that have invoices
3 approved for payment shall receive a pro-rata share
4 of the amount available in the WEES Trust Fund based
5 on the relative amount of their approved invoices
6 available that month, and the balance of the
7 payments shall be carried into the following months,
8 and shall include appropriate interest at the
9 statutory rate, until all of the approved payments
10 are made.
11 (5)(A) Except as provided in paragraphs (2), (3),
12 and (10) of this subsection (c), all surcharge
13 moneys collected by the wireless carrier shall be
14 remitted monthly, either by check or electronic
15 funds transfer, not later than 45 days after being
16 collected to the Wireless Emergency Telephone System
17 Distribution Fund established by the Illinois
18 Sheriffs' Association, a 501(c)(3) not-for-profit
19 corporation or its affiliate. The first such
20 remittance by wireless carriers shall include the
21 number of customers by zip code, and the 9-digit zip
22 code if currently being used or later implemented by
23 the carrier, that shall be the means by which the
24 Emergency Telephone System Distribution Fund shall
25 determine its formulation of proper surcharge
26 remittance. This information shall be updated no
27 less often than every year. Wireless carriers are
28 not required to remit surcharge moneys that are
29 billed to subscribers but not yet collected.
30 (B) The Wireless Emergency Telephone System
31 Distribution Fund shall engage an independent
32 auditing firm to conduct an annual audit in
33 accordance with generally accepted accounting
34 principals (GAAP) and to perform agreed upon
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1 procedures to test the compliance of the
2 distribution of the funds in accordance with the
3 provisions of this Act.
4 (6) The Wireless Emergency Telephone System
5 Distribution Fund shall, within 45 days of receipt, remit
6 monthly all surcharge moneys, minus 2% of the amount of
7 the wireless carrier surcharge collected from each
8 subscriber in the State for administrative expenses, to
9 the emergency telephone system board or, in the absence
10 of an emergency telephone system board, to the
11 appropriate and qualified governmental entity providing
12 wireless 9-1-1 service. Proper surcharge remittance to
13 the appropriate emergency telephone system board or
14 qualified governmental entity or the Department of State
15 Police shall initially be determined based upon the
16 United States Postal Zip Code of the wireless
17 subscriber's billing address. In areas of overlapping
18 jurisdiction distribution shall be made based upon
19 notification to the Fund from the responsible emergency
20 telephone system board or qualified governmental entity
21 through reference to an official Master Street Address
22 Guide provided to the Fund by the emergency telephone
23 system board or qualified governmental entity whose
24 public service answering points provide wireless 9-1-1
25 service. The emergency telephone system board or
26 qualified governmental entity shall provide the Fund with
27 a valid copy of the appropriate Master Street Address
28 Guide. Where there is no emergency telephone system
29 board or qualified governmental entity, the appropriate
30 surcharge moneys shall be remitted to the State Wireless
31 Service Emergency Fund, an interest-bearing special fund
32 established in the State treasury. The Department of
33 State Police shall have no duty to verify jurisdictional
34 responsibility.
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1 (7) In the event of a subscriber billing address
2 being matched to an incorrect jurisdiction by the
3 Wireless Emergency Telephone System Distribution Fund,
4 the recipient shall redirect the funds to the correct
5 jurisdiction. The Wireless Emergency Telephone System
6 Distribution Fund agent or agents shall not be held
7 liable for any damages unless the act or omission
8 constitutes gross negligence, recklessness, or
9 intentional misconduct.
10 (8) Moneys in the State Wireless Service Emergency
11 Fund shall be used by the Department of State Police,
12 subject to appropriation, only for the design,
13 implementation, operation, maintenance, or upgrade of
14 wireless 9-1-1 or E9-1-1 emergency services and public
15 safety answering points.
16 The moneys received by the Department of State
17 Police from the State Wireless Service Emergency Fund, in
18 any year, may be used for any costs relating to the
19 leasing, modification, or maintenance of any building or
20 facility used to house personnel or equipment associated
21 with the operation of wireless 9-1-1 or wireless E9-1-1
22 emergency services as required by the Department of State
23 Police to ensure service in those areas from which an
24 existing public safety answering point has withdrawn
25 participation or where service is not otherwise provided.
26 Moneys from the State Wireless Service Emergency
27 Fund may not be used to pay for or recover any costs
28 associated with public safety agency equipment or
29 personnel dispatched in response to wireless 9-1-1 or
30 wireless E9-1-1 emergency calls.
31 (9) Because of the highly competitive nature of the
32 wireless telephone industry, a public disclosure of
33 information about surcharge moneys paid by wireless
34 carriers could have the effect of stifling competition to
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1 the detriment of the public and the delivery of wireless
2 9-1-1 services. Therefore, the Department of State
3 Police, the Wireless Emergency Telephone System
4 Distribution Fund, governmental agencies, or individuals
5 with access to that information shall take appropriate
6 steps to prevent public disclosure of this information.
7 Information and data supporting the amount and
8 distribution of surcharge moneys collected and remitted
9 by an individual wireless carrier shall be deemed exempt
10 information for purposes of the Freedom of Information
11 Act and shall not be publicly disclosed. The gross
12 amount paid by all carriers shall not be deemed exempt
13 and may be publicly disclosed.
14 (10) Notwithstanding any other provisions of this
15 Act, a unit of local government or emergency telephone
16 system board providing wireless 9-1-1 service and
17 imposing and collecting a wireless carrier surcharge
18 prior to July 1, 1998 may continue its practices of
19 imposing and collecting its wireless carrier surcharge,
20 but in no event shall that monthly surcharge exceed $1.25
21 per each CMRS connection or in-service telephone number
22 billed on a monthly basis.
23 (d) Wireless Enhanced 9-1-1 Emergency System Trust Fund.
24 (1) There is created in the State treasury a
25 special fund to be known as the Wireless Enhanced 9-1-1
26 Emergency System Trust Fund for the purpose of providing
27 payment to wireless carriers for their cost of providing
28 wireless enhanced 9-1-1 service, as prescribed by Federal
29 Communications Commission wireless enhanced 9-1-1
30 mandates. However, a wireless carrier may not receive
31 payment from the WEES Trust Fund for its costs of
32 providing wireless enhanced 9-1-1 services where the unit
33 of local government or emergency telephone system board
34 provides wireless 9-1-1 services and was imposing and
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1 collecting a wireless carrier surcharge prior to July 1,
2 1998.
3 (2) The State Treasurer shall be the custodian of
4 the WEES Trust Fund.
5 (3) Amounts in the WEES Trust Fund, not currently
6 required to meet the payment obligations of the WEES
7 Trust Fund as prescribed in paragraph (4) of subsection
8 (c), shall be invested as provided by law and all
9 interest earned from the investment shall be retained in
10 the WEES Trust Fund and used to meet its obligations.
11 (4) The State Treasurer shall maintain with a
12 corporation qualified to administer trusts in this State
13 under the Corporate Fiduciary Act for the funds deposited
14 with the State Treasurer a limited agency, custodial, or
15 depository account or other type of account for the
16 safekeeping of those funds and for collecting the income
17 from those funds and providing supportive accounting
18 services relating to the safekeeping and collection.
19 Such a corporation, in safekeeping the funds, shall have
20 all the powers, rights, duties, and responsibilities that
21 it has for holding securities in its fiduciary accounts
22 under the Securities in Fiduciary Accounts Act.
23 (5) The moneys received for the WEES Trust Fund
24 shall not be subject to appropriation by the General
25 Assembly but shall be held and invested by the State
26 Treasurer separate and apart from the State treasury.
27 The Treasurer shall invest the money received as provided
28 in the trust agreement.
29 (6) The State Treasurer shall maintain detailed
30 records of all receipts and disbursement in the same
31 manner as required for trustees under the Trusts and
32 Trustees Act. The Treasurer shall provide an annual
33 accounting of all receipts, disbursements, and inventory
34 to the Auditor General.
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1 (7) The Auditor General shall audit the WEES Trust
2 Fund from time to time, as deemed necessary by the
3 Auditor General. The State Comptroller shall prescribe
4 any rules or guidelines deemed necessary for the
5 administration, regulation, or operation of the WEES
6 Trust Fund.
7 Section 20. Limitation of liability. Notwithstanding any
8 other provision of law, in no event shall a unit of local
9 government, the Department of State Police, the Wireless
10 Emergency Telephone System Distribution Fund, or a public
11 safety agency, public safety answering point, emergency
12 telephone system board, or wireless carrier, or their
13 officers, employees, assigns, or agents, be liable for any
14 form of civil damages or criminal liability that directly or
15 indirectly results from, or is caused by, any act or omission
16 in the development, design, installation, operation,
17 maintenance, performance, or provision of wireless 9-1-1 or
18 wireless E9-1-1 service unless the act or omission
19 constitutes gross negligence, recklessness, or intentional
20 misconduct. A unit of local government, the Department of
21 State Police, the Wireless Emergency Telephone Distribution
22 Fund, or a public safety agency, public safety answering
23 point, emergency telephone system board, or wireless carrier,
24 or their officers, employees, assigns, or agents, shall not
25 be liable for any form of civil damages or criminal liability
26 that directly or indirectly results from, or is caused by,
27 the release of subscriber information to any governmental
28 entity as required under the provisions of this Act unless
29 the release constitutes gross negligence, recklessness, or
30 intentional misconduct.
31 Section 25. Severability. If any provision of this Act or
32 its application to any person or circumstance is held
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1 invalid, the invalidity of that provision or application does
2 not affect other provisions or applications of this Act that
3 can be given effect without the invalid application or
4 provision.
5 Section 30. Home rule. A home rule unit, other than a
6 home rule municipality having a population in excess of
7 500,000 and that imposes its own surcharge on wireless
8 carriers on the effective date of this Act, may not impose a
9 separate surcharge on wireless 9-1-1 service in addition to
10 the State imposed surcharge on wireless 9-1-1 under this Act.
11 This Section is a limitation under subsection (g) of Section
12 6 of Article VII of the Illinois Constitution on the powers
13 and functions of home rule units not exercised or performed
14 by the State.
15 Section 35. Review. This Act and any regulation
16 established by a State agency pursuant to this Act shall be
17 reviewed by the Auditor General prior to October 1, 2001.
18 Section 800. The Freedom of Information Act is amended
19 by changing Section 7 as follows:
20 (5 ILCS 140/7) (from Ch. 116, par. 207)
21 Sec. 7. Exemptions.
22 (1) The following shall be exempt from inspection and
23 copying:
24 (a) Information specifically prohibited from
25 disclosure by federal or State law or rules and
26 regulations adopted under federal or State law.
27 (b) Information that, if disclosed, would
28 constitute a clearly unwarranted invasion of personal
29 privacy, unless the disclosure is consented to in writing
30 by the individual subjects of the information. The
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1 disclosure of information that bears on the public duties
2 of public employees and officials shall not be considered
3 an invasion of personal privacy. Information exempted
4 under this subsection (b) shall include but is not
5 limited to:
6 (i) files and personal information maintained
7 with respect to clients, patients, residents,
8 students or other individuals receiving social,
9 medical, educational, vocational, financial,
10 supervisory or custodial care or services directly
11 or indirectly from federal agencies or public
12 bodies;
13 (ii) personnel files and personal information
14 maintained with respect to employees, appointees or
15 elected officials of any public body or applicants
16 for those positions;
17 (iii) files and personal information
18 maintained with respect to any applicant, registrant
19 or licensee by any public body cooperating with or
20 engaged in professional or occupational
21 registration, licensure or discipline;
22 (iv) information required of any taxpayer in
23 connection with the assessment or collection of any
24 tax unless disclosure is otherwise required by State
25 statute; and
26 (v) information revealing the identity of
27 persons who file complaints with or provide
28 information to administrative, investigative, law
29 enforcement or penal agencies; provided, however,
30 that identification of witnesses to traffic
31 accidents, traffic accident reports, and rescue
32 reports may be provided by agencies of local
33 government, except in a case for which a criminal
34 investigation is ongoing, without constituting a
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1 clearly unwarranted per se invasion of personal
2 privacy under this subsection.
3 (c) Records compiled by any public body for
4 administrative enforcement proceedings and any law
5 enforcement or correctional agency for law enforcement
6 purposes or for internal matters of a public body, but
7 only to the extent that disclosure would:
8 (i) interfere with pending or actually and
9 reasonably contemplated law enforcement proceedings
10 conducted by any law enforcement or correctional
11 agency;
12 (ii) interfere with pending administrative
13 enforcement proceedings conducted by any public
14 body;
15 (iii) deprive a person of a fair trial or an
16 impartial hearing;
17 (iv) unavoidably disclose the identity of a
18 confidential source or confidential information
19 furnished only by the confidential source;
20 (v) disclose unique or specialized
21 investigative techniques other than those generally
22 used and known or disclose internal documents of
23 correctional agencies related to detection,
24 observation or investigation of incidents of crime
25 or misconduct;
26 (vi) constitute an invasion of personal
27 privacy under subsection (b) of this Section;
28 (vii) endanger the life or physical safety of
29 law enforcement personnel or any other person; or
30 (viii) obstruct an ongoing criminal
31 investigation.
32 (d) Criminal history record information maintained
33 by State or local criminal justice agencies, except the
34 following which shall be open for public inspection and
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1 copying:
2 (i) chronologically maintained arrest
3 information, such as traditional arrest logs or
4 blotters;
5 (ii) the name of a person in the custody of a
6 law enforcement agency and the charges for which
7 that person is being held;
8 (iii) court records that are public;
9 (iv) records that are otherwise available
10 under State or local law; or
11 (v) records in which the requesting party is
12 the individual identified, except as provided under
13 part (vii) of paragraph (c) of subsection (1) of
14 this Section.
15 "Criminal history record information" means data
16 identifiable to an individual and consisting of
17 descriptions or notations of arrests, detentions,
18 indictments, informations, pre-trial proceedings, trials,
19 or other formal events in the criminal justice system or
20 descriptions or notations of criminal charges (including
21 criminal violations of local municipal ordinances) and
22 the nature of any disposition arising therefrom,
23 including sentencing, court or correctional supervision,
24 rehabilitation and release. The term does not apply to
25 statistical records and reports in which individuals are
26 not identified and from which their identities are not
27 ascertainable, or to information that is for criminal
28 investigative or intelligence purposes.
29 (e) Records that relate to or affect the security
30 of correctional institutions and detention facilities.
31 (f) Preliminary drafts, notes, recommendations,
32 memoranda and other records in which opinions are
33 expressed, or policies or actions are formulated, except
34 that a specific record or relevant portion of a record
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1 shall not be exempt when the record is publicly cited and
2 identified by the head of the public body. The exemption
3 provided in this paragraph (f) extends to all those
4 records of officers and agencies of the General Assembly
5 that pertain to the preparation of legislative documents.
6 (g) Trade secrets and commercial or financial
7 information obtained from a person or business where the
8 trade secrets or information are proprietary, privileged
9 or confidential, or where disclosure of the trade secrets
10 or information may cause competitive harm, including all
11 information determined to be confidential under Section
12 4002 of the Technology Advancement and Development Act.
13 Nothing contained in this paragraph (g) shall be
14 construed to prevent a person or business from consenting
15 to disclosure.
16 (h) Proposals and bids for any contract, grant, or
17 agreement, including information which if it were
18 disclosed would frustrate procurement or give an
19 advantage to any person proposing to enter into a
20 contractor agreement with the body, until an award or
21 final selection is made. Information prepared by or for
22 the body in preparation of a bid solicitation shall be
23 exempt until an award or final selection is made.
24 (i) Valuable formulae, designs, drawings and
25 research data obtained or produced by any public body
26 when disclosure could reasonably be expected to produce
27 private gain or public loss.
28 (j) Test questions, scoring keys and other
29 examination data used to administer an academic
30 examination or determined the qualifications of an
31 applicant for a license or employment.
32 (k) Architects' plans and engineers' technical
33 submissions for projects not constructed or developed in
34 whole or in part with public funds and for projects
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1 constructed or developed with public funds, to the extent
2 that disclosure would compromise security.
3 (l) Library circulation and order records
4 identifying library users with specific materials.
5 (m) Minutes of meetings of public bodies closed to
6 the public as provided in the Open Meetings Act until the
7 public body makes the minutes available to the public
8 under Section 2.06 of the Open Meetings Act.
9 (n) Communications between a public body and an
10 attorney or auditor representing the public body that
11 would not be subject to discovery in litigation, and
12 materials prepared or compiled by or for a public body in
13 anticipation of a criminal, civil or administrative
14 proceeding upon the request of an attorney advising the
15 public body, and materials prepared or compiled with
16 respect to internal audits of public bodies.
17 (o) Information received by a primary or secondary
18 school, college or university under its procedures for
19 the evaluation of faculty members by their academic
20 peers.
21 (p) Administrative or technical information
22 associated with automated data processing operations,
23 including but not limited to software, operating
24 protocols, computer program abstracts, file layouts,
25 source listings, object modules, load modules, user
26 guides, documentation pertaining to all logical and
27 physical design of computerized systems, employee
28 manuals, and any other information that, if disclosed,
29 would jeopardize the security of the system or its data
30 or the security of materials exempt under this Section.
31 (q) Documents or materials relating to collective
32 negotiating matters between public bodies and their
33 employees or representatives, except that any final
34 contract or agreement shall be subject to inspection and
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1 copying.
2 (r) Drafts, notes, recommendations and memoranda
3 pertaining to the financing and marketing transactions of
4 the public body. The records of ownership, registration,
5 transfer, and exchange of municipal debt obligations, and
6 of persons to whom payment with respect to these
7 obligations is made.
8 (s) The records, documents and information relating
9 to real estate purchase negotiations until those
10 negotiations have been completed or otherwise terminated.
11 With regard to a parcel involved in a pending or actually
12 and reasonably contemplated eminent domain proceeding
13 under Article VII of the Code of Civil Procedure,
14 records, documents and information relating to that
15 parcel shall be exempt except as may be allowed under
16 discovery rules adopted by the Illinois Supreme Court.
17 The records, documents and information relating to a real
18 estate sale shall be exempt until a sale is consummated.
19 (t) Any and all proprietary information and records
20 related to the operation of an intergovernmental risk
21 management association or self-insurance pool or jointly
22 self-administered health and accident cooperative or
23 pool.
24 (u) Information concerning a university's
25 adjudication of student or employee grievance or
26 disciplinary cases, to the extent that disclosure would
27 reveal the identity of the student or employee and
28 information concerning any public body's adjudication of
29 student or employee grievances or disciplinary cases,
30 except for the final outcome of the cases.
31 (v) Course materials or research materials used by
32 faculty members.
33 (w) Information related solely to the internal
34 personnel rules and practices of a public body.
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1 (x) Information contained in or related to
2 examination, operating, or condition reports prepared by,
3 on behalf of, or for the use of a public body responsible
4 for the regulation or supervision of financial
5 institutions or insurance companies, unless disclosure is
6 otherwise required by State law.
7 (y) Information the disclosure of which is
8 restricted under Section 5-108 of the Public Utilities
9 Act.
10 (z) Manuals or instruction to staff that relate to
11 establishment or collection of liability for any State
12 tax or that relate to investigations by a public body to
13 determine violation of any criminal law.
14 (aa) Applications, related documents, and medical
15 records received by the Experimental Organ
16 Transplantation Procedures Board and any and all
17 documents or other records prepared by the Experimental
18 Organ Transplantation Procedures Board or its staff
19 relating to applications it has received.
20 (bb) Insurance or self insurance (including any
21 intergovernmental risk management association or self
22 insurance pool) claims, loss or risk management
23 information, records, data, advice or communications.
24 (cc) Information and records held by the Department
25 of Public Health and its authorized representatives
26 relating to known or suspected cases of sexually
27 transmissible disease or any information the disclosure
28 of which is restricted under the Illinois Sexually
29 Transmissible Disease Control Act.
30 (dd) Information the disclosure of which is
31 exempted under Section 30 of the Radon Industry Licensing
32 Act.
33 (ee) Firm performance evaluations under Section 55
34 of the Architectural, Engineering, and Land Surveying
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1 Qualifications Based Selection Act.
2 (ff) Security portions of system safety program
3 plans, investigation reports, surveys, schedules, lists,
4 data, or information compiled, collected, or prepared by
5 or for the Regional Transportation Authority under
6 Section 2.11 of the Regional Transportation Authority Act
7 or the State of Missouri under the Bi-State Transit
8 Safety Act.
9 (gg) Information the disclosure of which is
10 restricted and exempted under Section 50 of the Illinois
11 Prepaid Tuition Act.
12 (hh) Information the disclosure of which is
13 exempted under Section 80 of the State Gift Ban Act.
14 (ii) Beginning July 1, 1999, (hh) information that
15 would disclose or might lead to the disclosure of secret
16 or confidential information, codes, algorithms, programs,
17 or private keys intended to be used to create electronic
18 or digital signatures under the Electronic Commerce
19 Security Act.
20 (jj) Information and data concerning the
21 distribution of surcharge moneys collected and remitted
22 by wireless carriers under the Wireless Emergency
23 Telephone Safety Act.
24 (2) This Section does not authorize withholding of
25 information or limit the availability of records to the
26 public, except as stated in this Section or otherwise
27 provided in this Act.
28 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
29 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
30 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
31 Section 805. The Civil Administrative Code of Illinois
32 is amended by changing Section 55a as follows:
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1 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
2 (Text of Section before amendment by P.A. 90-590)
3 Sec. 55a. Powers and duties.
4 (A) The Department of State Police shall have the
5 following powers and duties, and those set forth in Sections
6 55a-1 through 55c:
7 1. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the State
9 Police Act.
10 2. To exercise the rights, powers and duties which have
11 been vested in the Department of Public Safety by the State
12 Police Radio Act.
13 3. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the
15 Criminal Identification Act.
16 4. To (a) investigate the origins, activities, personnel
17 and incidents of crime and the ways and means to redress the
18 victims of crimes, and study the impact, if any, of
19 legislation relative to the effusion of crime and growing
20 crime rates, and enforce the criminal laws of this State
21 related thereto, (b) enforce all laws regulating the
22 production, sale, prescribing, manufacturing, administering,
23 transporting, having in possession, dispensing, delivering,
24 distributing, or use of controlled substances and cannabis,
25 (c) employ skilled experts, scientists, technicians,
26 investigators or otherwise specially qualified persons to aid
27 in preventing or detecting crime, apprehending criminals, or
28 preparing and presenting evidence of violations of the
29 criminal laws of the State, (d) cooperate with the police of
30 cities, villages and incorporated towns, and with the police
31 officers of any county, in enforcing the laws of the State
32 and in making arrests and recovering property, (e) apprehend
33 and deliver up any person charged in this State or any other
34 State of the United States with treason, felony, or other
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1 crime, who has fled from justice and is found in this State,
2 and (f) conduct such other investigations as may be provided
3 by law. Persons exercising these powers within the Department
4 are conservators of the peace and as such have all the powers
5 possessed by policemen in cities and sheriffs, except that
6 they may exercise such powers anywhere in the State in
7 cooperation with and after contact with the local law
8 enforcement officials. Such persons may use false or
9 fictitious names in the performance of their duties under
10 this paragraph, upon approval of the Director, and shall not
11 be subject to prosecution under the criminal laws for such
12 use.
13 5. To: (a) be a central repository and custodian of
14 criminal statistics for the State, (b) be a central
15 repository for criminal history record information, (c)
16 procure and file for record such information as is necessary
17 and helpful to plan programs of crime prevention, law
18 enforcement and criminal justice, (d) procure and file for
19 record such copies of fingerprints, as may be required by
20 law, (e) establish general and field crime laboratories, (f)
21 register and file for record such information as may be
22 required by law for the issuance of firearm owner's
23 identification cards, (g) employ polygraph operators,
24 laboratory technicians and other specially qualified persons
25 to aid in the identification of criminal activity, and (h)
26 undertake such other identification, information, laboratory,
27 statistical or registration activities as may be required by
28 law.
29 6. To (a) acquire and operate one or more radio
30 broadcasting stations in the State to be used for police
31 purposes, (b) operate a statewide communications network to
32 gather and disseminate information for law enforcement
33 agencies, (c) operate an electronic data processing and
34 computer center for the storage and retrieval of data
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1 pertaining to criminal activity, and (d) undertake such other
2 communication activities as may be required by law.
3 7. To provide, as may be required by law, assistance to
4 local law enforcement agencies through (a) training,
5 management and consultant services for local law enforcement
6 agencies, and (b) the pursuit of research and the publication
7 of studies pertaining to local law enforcement activities.
8 8. To exercise the rights, powers and duties which have
9 been vested in the Department of State Police and the
10 Director of the Department of State Police by the Narcotic
11 Control Division Abolition Act.
12 9. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the
14 Illinois Vehicle Code.
15 10. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the Firearm
17 Owners Identification Card Act.
18 11. To enforce and administer such other laws in
19 relation to law enforcement as may be vested in the
20 Department.
21 12. To transfer jurisdiction of any realty title to
22 which is held by the State of Illinois under the control of
23 the Department to any other department of the State
24 government or to the State Employees Housing Commission, or
25 to acquire or accept Federal land, when such transfer,
26 acquisition or acceptance is advantageous to the State and is
27 approved in writing by the Governor.
28 13. With the written approval of the Governor, to enter
29 into agreements with other departments created by this Act,
30 for the furlough of inmates of the penitentiary to such other
31 departments for their use in research programs being
32 conducted by them.
33 For the purpose of participating in such research
34 projects, the Department may extend the limits of any
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1 inmate's place of confinement, when there is reasonable cause
2 to believe that the inmate will honor his or her trust by
3 authorizing the inmate, under prescribed conditions, to leave
4 the confines of the place unaccompanied by a custodial agent
5 of the Department. The Department shall make rules governing
6 the transfer of the inmate to the requesting other department
7 having the approved research project, and the return of such
8 inmate to the unextended confines of the penitentiary. Such
9 transfer shall be made only with the consent of the inmate.
10 The willful failure of a prisoner to remain within the
11 extended limits of his or her confinement or to return within
12 the time or manner prescribed to the place of confinement
13 designated by the Department in granting such extension shall
14 be deemed an escape from custody of the Department and
15 punishable as provided in Section 3-6-4 of the Unified Code
16 of Corrections.
17 14. To provide investigative services, with all of the
18 powers possessed by policemen in cities and sheriffs, in and
19 around all race tracks subject to the Horse Racing Act of
20 1975.
21 15. To expend such sums as the Director deems necessary
22 from Contractual Services appropriations for the Division of
23 Criminal Investigation for the purchase of evidence and for
24 the employment of persons to obtain evidence. Such sums shall
25 be advanced to agents authorized by the Director to expend
26 funds, on vouchers signed by the Director.
27 16. To assist victims and witnesses in gang crime
28 prosecutions through the administration of funds appropriated
29 from the Gang Violence Victims and Witnesses Fund to the
30 Department. Such funds shall be appropriated to the
31 Department and shall only be used to assist victims and
32 witnesses in gang crime prosecutions and such assistance may
33 include any of the following:
34 (a) temporary living costs;
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1 (b) moving expenses;
2 (c) closing costs on the sale of private residence;
3 (d) first month's rent;
4 (e) security deposits;
5 (f) apartment location assistance;
6 (g) other expenses which the Department considers
7 appropriate; and
8 (h) compensation for any loss of or injury to real
9 or personal property resulting from a gang crime to a
10 maximum of $5,000, subject to the following provisions:
11 (1) in the case of loss of property, the
12 amount of compensation shall be measured by the
13 replacement cost of similar or like property which
14 has been incurred by and which is substantiated by
15 the property owner,
16 (2) in the case of injury to property, the
17 amount of compensation shall be measured by the cost
18 of repair incurred and which can be substantiated by
19 the property owner,
20 (3) compensation under this provision is a
21 secondary source of compensation and shall be
22 reduced by any amount the property owner receives
23 from any other source as compensation for the loss
24 or injury, including, but not limited to, personal
25 insurance coverage,
26 (4) no compensation may be awarded if the
27 property owner was an offender or an accomplice of
28 the offender, or if the award would unjustly benefit
29 the offender or offenders, or an accomplice of the
30 offender or offenders.
31 No victim or witness may receive such assistance if he or
32 she is not a part of or fails to fully cooperate in the
33 prosecution of gang crime members by law enforcement
34 authorities.
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1 The Department shall promulgate any rules necessary for
2 the implementation of this amendatory Act of 1985.
3 17. To conduct arson investigations.
4 18. To develop a separate statewide statistical police
5 contact record keeping system for the study of juvenile
6 delinquency. The records of this police contact system shall
7 be limited to statistical information. No individually
8 identifiable information shall be maintained in the police
9 contact statistical record system.
10 19. To develop a separate statewide central adjudicatory
11 and dispositional records system for persons under 19 years
12 of age who have been adjudicated delinquent minors and to
13 make information available to local registered participating
14 police youth officers so that police youth officers will be
15 able to obtain rapid access to the juvenile's background from
16 other jurisdictions to the end that the police youth officers
17 can make appropriate dispositions which will best serve the
18 interest of the child and the community. Information
19 maintained in the adjudicatory and dispositional record
20 system shall be limited to the incidents or offenses for
21 which the minor was adjudicated delinquent by a court, and a
22 copy of the court's dispositional order. All individually
23 identifiable records in the adjudicatory and dispositional
24 records system shall be destroyed when the person reaches 19
25 years of age.
26 20. To develop rules which guarantee the confidentiality
27 of such individually identifiable adjudicatory and
28 dispositional records except when used for the following:
29 (a) by authorized juvenile court personnel or the
30 State's Attorney in connection with proceedings under the
31 Juvenile Court Act of 1987; or
32 (b) inquiries from registered police youth
33 officers.
34 For the purposes of this Act "police youth officer" means
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1 a member of a duly organized State, county or municipal
2 police force who is assigned by his or her Superintendent,
3 Sheriff or chief of police, as the case may be, to specialize
4 in youth problems.
5 21. To develop administrative rules and administrative
6 hearing procedures which allow a minor, his or her attorney,
7 and his or her parents or guardian access to individually
8 identifiable adjudicatory and dispositional records for the
9 purpose of determining or challenging the accuracy of the
10 records. Final administrative decisions shall be subject to
11 the provisions of the Administrative Review Law.
12 22. To charge, collect, and receive fees or moneys
13 equivalent to the cost of providing Department of State
14 Police personnel, equipment, and services to local
15 governmental agencies when explicitly requested by a local
16 governmental agency and pursuant to an intergovernmental
17 agreement as provided by this Section, other State agencies,
18 and federal agencies, including but not limited to fees or
19 moneys equivalent to the cost of providing dispatching
20 services, radio and radar repair, and training to local
21 governmental agencies on such terms and conditions as in the
22 judgment of the Director are in the best interest of the
23 State; and to establish, charge, collect and receive fees or
24 moneys based on the cost of providing responses to requests
25 for criminal history record information pursuant to positive
26 identification and any Illinois or federal law authorizing
27 access to some aspect of such information and to prescribe
28 the form and manner for requesting and furnishing such
29 information to the requestor on such terms and conditions as
30 in the judgment of the Director are in the best interest of
31 the State, provided fees for requesting and furnishing
32 criminal history record information may be waived for
33 requests in the due administration of the criminal laws. The
34 Department may also charge, collect and receive fees or
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1 moneys equivalent to the cost of providing electronic data
2 processing lines or related telecommunication services to
3 local governments, but only when such services can be
4 provided by the Department at a cost less than that
5 experienced by said local governments through other means.
6 All services provided by the Department shall be conducted
7 pursuant to contracts in accordance with the
8 Intergovernmental Cooperation Act, and all telecommunication
9 services shall be provided pursuant to the provisions of
10 Section 67.18 of this Code.
11 All fees received by the Department of State Police under
12 this Act or the Illinois Uniform Conviction Information Act
13 shall be deposited in a special fund in the State Treasury to
14 be known as the State Police Services Fund. The money
15 deposited in the State Police Services Fund shall be
16 appropriated to the Department of State Police for expenses
17 of the Department of State Police.
18 Upon the completion of any audit of the Department of
19 State Police as prescribed by the Illinois State Auditing
20 Act, which audit includes an audit of the State Police
21 Services Fund, the Department of State Police shall make the
22 audit open to inspection by any interested person.
23 23. To exercise the powers and perform the duties which
24 have been vested in the Department of State Police by the
25 Intergovernmental Missing Child Recovery Act of 1984, and to
26 establish reasonable rules and regulations necessitated
27 thereby.
28 24. (a) To establish and maintain a statewide Law
29 Enforcement Agencies Data System (LEADS) for the purpose of
30 providing electronic access by authorized entities to
31 criminal justice data repositories and effecting an immediate
32 law enforcement response to reports of missing persons,
33 including lost, missing or runaway minors. The Department
34 shall implement an automatic data exchange system to compile,
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1 to maintain and to make available to other law enforcement
2 agencies for immediate dissemination data which can assist
3 appropriate agencies in recovering missing persons and
4 provide access by authorized entities to various data
5 repositories available through LEADS for criminal justice and
6 related purposes. To assist the Department in this effort,
7 funds may be appropriated from the LEADS Maintenance Fund.
8 (b) In exercising its duties under this subsection, the
9 Department shall:
10 (1) provide a uniform reporting format for the
11 entry of pertinent information regarding the report of a
12 missing person into LEADS;
13 (2) develop and implement a policy whereby a
14 statewide or regional alert would be used in situations
15 relating to the disappearances of individuals, based on
16 criteria and in a format established by the Department.
17 Such a format shall include, but not be limited to, the
18 age of the missing person and the suspected circumstance
19 of the disappearance;
20 (3) notify all law enforcement agencies that
21 reports of missing persons shall be entered as soon as
22 the minimum level of data specified by the Department is
23 available to the reporting agency, and that no waiting
24 period for the entry of such data exists;
25 (4) compile and retain information regarding lost,
26 abducted, missing or runaway minors in a separate data
27 file, in a manner that allows such information to be used
28 by law enforcement and other agencies deemed appropriate
29 by the Director, for investigative purposes. Such
30 information shall include the disposition of all reported
31 lost, abducted, missing or runaway minor cases;
32 (5) compile and maintain an historic data
33 repository relating to lost, abducted, missing or runaway
34 minors and other missing persons in order to develop and
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1 improve techniques utilized by law enforcement agencies
2 when responding to reports of missing persons; and
3 (6) create a quality control program regarding
4 confirmation of missing person data, timeliness of
5 entries of missing person reports into LEADS and
6 performance audits of all entering agencies.
7 25. On request of a school board or regional
8 superintendent of schools, to conduct an inquiry pursuant to
9 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
10 an applicant for employment in a school district has been
11 convicted of any criminal or drug offenses enumerated in
12 Section 10-21.9 or 34-18.5 of the School Code. The
13 Department shall furnish such conviction information to the
14 President of the school board of the school district which
15 has requested the information, or if the information was
16 requested by the regional superintendent to that regional
17 superintendent.
18 26. To promulgate rules and regulations necessary for
19 the administration and enforcement of its powers and duties,
20 wherever granted and imposed, pursuant to the Illinois
21 Administrative Procedure Act.
22 27. To (a) promulgate rules pertaining to the
23 certification, revocation of certification and training of
24 law enforcement officers as electronic criminal surveillance
25 officers, (b) provide training and technical assistance to
26 State's Attorneys and local law enforcement agencies
27 pertaining to the interception of private oral
28 communications, (c) promulgate rules necessary for the
29 administration of Article 108B of the Code of Criminal
30 Procedure of 1963, including but not limited to standards for
31 recording and minimization of electronic criminal
32 surveillance intercepts, documentation required to be
33 maintained during an intercept, procedures in relation to
34 evidence developed by an intercept, and (d) charge a
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1 reasonable fee to each law enforcement agency that sends
2 officers to receive training as electronic criminal
3 surveillance officers.
4 28. Upon the request of any private organization which
5 devotes a major portion of its time to the provision of
6 recreational, social, educational or child safety services to
7 children, to conduct, pursuant to positive identification,
8 criminal background investigations of all of that
9 organization's current employees, current volunteers,
10 prospective employees or prospective volunteers charged with
11 the care and custody of children during the provision of the
12 organization's services, and to report to the requesting
13 organization any record of convictions maintained in the
14 Department's files about such persons. The Department shall
15 charge an application fee, based on actual costs, for the
16 dissemination of conviction information pursuant to this
17 subsection. The Department is empowered to establish this
18 fee and shall prescribe the form and manner for requesting
19 and furnishing conviction information pursuant to this
20 subsection. Information received by the organization from the
21 Department concerning an individual shall be provided to such
22 individual. Any such information obtained by the
23 organization shall be confidential and may not be transmitted
24 outside the organization and may not be transmitted to anyone
25 within the organization except as needed for the purpose of
26 evaluating the individual. Only information and standards
27 which bear a reasonable and rational relation to the
28 performance of child care shall be used by the organization.
29 Any employee of the Department or any member, employee or
30 volunteer of the organization receiving confidential
31 information under this subsection who gives or causes to be
32 given any confidential information concerning any criminal
33 convictions of an individual shall be guilty of a Class A
34 misdemeanor unless release of such information is authorized
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1 by this subsection.
2 29. Upon the request of the Department of Children and
3 Family Services, to investigate reports of child abuse or
4 neglect.
5 30. To obtain registration of a fictitious vital record
6 pursuant to Section 15.1 of the Vital Records Act.
7 31. To collect and disseminate information relating to
8 "hate crimes" as defined under Section 12-7.1 of the Criminal
9 Code of 1961 contingent upon the availability of State or
10 Federal funds to revise and upgrade the Illinois Uniform
11 Crime Reporting System. All law enforcement agencies shall
12 report monthly to the Department of State Police concerning
13 such offenses in such form and in such manner as may be
14 prescribed by rules and regulations adopted by the Department
15 of State Police. Such information shall be compiled by the
16 Department and be disseminated upon request to any local law
17 enforcement agency, unit of local government, or state
18 agency. Dissemination of such information shall be subject
19 to all confidentiality requirements otherwise imposed by law.
20 The Department of State Police shall provide training for
21 State Police officers in identifying, responding to, and
22 reporting all hate crimes. The Illinois Local Governmental
23 Law Enforcement Officer's Training Standards Board shall
24 develop and certify a course of such training to be made
25 available to local law enforcement officers.
26 32. Upon the request of a private carrier company that
27 provides transportation under Section 28b of the Metropolitan
28 Transit Authority Act, to ascertain if an applicant for a
29 driver position has been convicted of any criminal or drug
30 offense enumerated in Section 28b of the Metropolitan Transit
31 Authority Act. The Department shall furnish the conviction
32 information to the private carrier company that requested the
33 information.
34 33. To apply for grants or contracts, receive, expend,
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1 allocate, or disburse funds and moneys made available by
2 public or private entities, including, but not limited to,
3 contracts, bequests, grants, or receiving equipment from
4 corporations, foundations, or public or private institutions
5 of higher learning. All funds received by the Department
6 from these sources shall be deposited into the appropriate
7 fund in the State Treasury to be appropriated to the
8 Department for purposes as indicated by the grantor or
9 contractor or, in the case of funds or moneys bequeathed or
10 granted for no specific purpose, for any purpose as deemed
11 appropriate by the Director in administering the
12 responsibilities of the Department.
13 34. Upon the request of the Department of Children and
14 Family Services, the Department of State Police shall provide
15 properly designated employees of the Department of Children
16 and Family Services with criminal history record information
17 as defined in the Illinois Uniform Conviction Information Act
18 and information maintained in the adjudicatory and
19 dispositional record system as defined in subdivision (A)19
20 of this Section if the Department of Children and Family
21 Services determines the information is necessary to perform
22 its duties under the Abused and Neglected Child Reporting
23 Act, the Child Care Act of 1969, and the Children and Family
24 Services Act. The request shall be in the form and manner
25 specified by the Department of State Police.
26 35. The Illinois Department of Public Aid is an
27 authorized entity under this Section for the purpose of
28 obtaining access to various data repositories available
29 through LEADS, to facilitate the location of individuals for
30 establishing paternity, and establishing, modifying, and
31 enforcing child support obligations, pursuant to the Illinois
32 Public Aid Code and Title IV, Part D of the Social Security
33 Act. The Department shall enter into an agreement with the
34 Illinois Department of Public Aid consistent with these
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1 purposes.
2 36. Upon request of the Department of Human Services, to
3 conduct an assessment and evaluation of sexually violent
4 persons as mandated by the Sexually Violent Persons
5 Commitment Act, the Department shall furnish criminal history
6 information maintained on the requested person. The request
7 shall be in the form and manner specified by the Department.
8 37. To exercise the powers and perform the duties
9 specifically assigned to the Department under the Wireless
10 Emergency Telephone Safety Act with respect to the
11 development and improvement of emergency communications
12 procedures and facilities in such a manner as to facilitate a
13 quick response to any person calling the number "9-1-1"
14 seeking police, fire, medical, or other emergency services
15 through a wireless carrier as defined in Section 10 of the
16 Wireless Emergency Telephone Safety Act. Nothing in the
17 Wireless Emergency Telephone Safety Act shall require the
18 Illinois State Police to provide wireless enhanced 9-1-1
19 services.
20 (B) The Department of State Police may establish and
21 maintain, within the Department of State Police, a Statewide
22 Organized Criminal Gang Database (SWORD) for the purpose of
23 tracking organized criminal gangs and their memberships.
24 Information in the database may include, but not be limited
25 to, the name, last known address, birth date, physical
26 descriptions (such as scars, marks, or tattoos), officer
27 safety information, organized gang affiliation, and entering
28 agency identifier. The Department may develop, in
29 consultation with the Criminal Justice Information Authority,
30 and in a form and manner prescribed by the Department, an
31 automated data exchange system to compile, to maintain, and
32 to make this information electronically available to
33 prosecutors and to other law enforcement agencies. The
34 information may be used by authorized agencies to combat the
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1 operations of organized criminal gangs statewide.
2 (C) The Department of State Police may ascertain the
3 number of bilingual police officers and other personnel
4 needed to provide services in a language other than English
5 and may establish, under applicable personnel rules and
6 Department guidelines or through a collective bargaining
7 agreement, a bilingual pay supplement program.
8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
10 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
11 (Text of Section after amendment by P.A. 90-590)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
22 3. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the
24 Criminal Identification Act.
25 4. To (a) investigate the origins, activities, personnel
26 and incidents of crime and the ways and means to redress the
27 victims of crimes, and study the impact, if any, of
28 legislation relative to the effusion of crime and growing
29 crime rates, and enforce the criminal laws of this State
30 related thereto, (b) enforce all laws regulating the
31 production, sale, prescribing, manufacturing, administering,
32 transporting, having in possession, dispensing, delivering,
33 distributing, or use of controlled substances and cannabis,
34 (c) employ skilled experts, scientists, technicians,
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1 investigators or otherwise specially qualified persons to aid
2 in preventing or detecting crime, apprehending criminals, or
3 preparing and presenting evidence of violations of the
4 criminal laws of the State, (d) cooperate with the police of
5 cities, villages and incorporated towns, and with the police
6 officers of any county, in enforcing the laws of the State
7 and in making arrests and recovering property, (e) apprehend
8 and deliver up any person charged in this State or any other
9 State of the United States with treason, felony, or other
10 crime, who has fled from justice and is found in this State,
11 and (f) conduct such other investigations as may be provided
12 by law. Persons exercising these powers within the Department
13 are conservators of the peace and as such have all the powers
14 possessed by policemen in cities and sheriffs, except that
15 they may exercise such powers anywhere in the State in
16 cooperation with and after contact with the local law
17 enforcement officials. Such persons may use false or
18 fictitious names in the performance of their duties under
19 this paragraph, upon approval of the Director, and shall not
20 be subject to prosecution under the criminal laws for such
21 use.
22 5. To: (a) be a central repository and custodian of
23 criminal statistics for the State, (b) be a central
24 repository for criminal history record information, (c)
25 procure and file for record such information as is necessary
26 and helpful to plan programs of crime prevention, law
27 enforcement and criminal justice, (d) procure and file for
28 record such copies of fingerprints, as may be required by
29 law, (e) establish general and field crime laboratories, (f)
30 register and file for record such information as may be
31 required by law for the issuance of firearm owner's
32 identification cards, (g) employ polygraph operators,
33 laboratory technicians and other specially qualified persons
34 to aid in the identification of criminal activity, and (h)
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1 undertake such other identification, information, laboratory,
2 statistical or registration activities as may be required by
3 law.
4 6. To (a) acquire and operate one or more radio
5 broadcasting stations in the State to be used for police
6 purposes, (b) operate a statewide communications network to
7 gather and disseminate information for law enforcement
8 agencies, (c) operate an electronic data processing and
9 computer center for the storage and retrieval of data
10 pertaining to criminal activity, and (d) undertake such other
11 communication activities as may be required by law.
12 7. To provide, as may be required by law, assistance to
13 local law enforcement agencies through (a) training,
14 management and consultant services for local law enforcement
15 agencies, and (b) the pursuit of research and the publication
16 of studies pertaining to local law enforcement activities.
17 8. To exercise the rights, powers and duties which have
18 been vested in the Department of State Police and the
19 Director of the Department of State Police by the Narcotic
20 Control Division Abolition Act.
21 9. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the
23 Illinois Vehicle Code.
24 10. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the Firearm
26 Owners Identification Card Act.
27 11. To enforce and administer such other laws in
28 relation to law enforcement as may be vested in the
29 Department.
30 12. To transfer jurisdiction of any realty title to
31 which is held by the State of Illinois under the control of
32 the Department to any other department of the State
33 government or to the State Employees Housing Commission, or
34 to acquire or accept Federal land, when such transfer,
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1 acquisition or acceptance is advantageous to the State and is
2 approved in writing by the Governor.
3 13. With the written approval of the Governor, to enter
4 into agreements with other departments created by this Act,
5 for the furlough of inmates of the penitentiary to such other
6 departments for their use in research programs being
7 conducted by them.
8 For the purpose of participating in such research
9 projects, the Department may extend the limits of any
10 inmate's place of confinement, when there is reasonable cause
11 to believe that the inmate will honor his or her trust by
12 authorizing the inmate, under prescribed conditions, to leave
13 the confines of the place unaccompanied by a custodial agent
14 of the Department. The Department shall make rules governing
15 the transfer of the inmate to the requesting other department
16 having the approved research project, and the return of such
17 inmate to the unextended confines of the penitentiary. Such
18 transfer shall be made only with the consent of the inmate.
19 The willful failure of a prisoner to remain within the
20 extended limits of his or her confinement or to return within
21 the time or manner prescribed to the place of confinement
22 designated by the Department in granting such extension shall
23 be deemed an escape from custody of the Department and
24 punishable as provided in Section 3-6-4 of the Unified Code
25 of Corrections.
26 14. To provide investigative services, with all of the
27 powers possessed by policemen in cities and sheriffs, in and
28 around all race tracks subject to the Horse Racing Act of
29 1975.
30 15. To expend such sums as the Director deems necessary
31 from Contractual Services appropriations for the Division of
32 Criminal Investigation for the purchase of evidence and for
33 the employment of persons to obtain evidence. Such sums shall
34 be advanced to agents authorized by the Director to expend
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1 funds, on vouchers signed by the Director.
2 16. To assist victims and witnesses in gang crime
3 prosecutions through the administration of funds appropriated
4 from the Gang Violence Victims and Witnesses Fund to the
5 Department. Such funds shall be appropriated to the
6 Department and shall only be used to assist victims and
7 witnesses in gang crime prosecutions and such assistance may
8 include any of the following:
9 (a) temporary living costs;
10 (b) moving expenses;
11 (c) closing costs on the sale of private residence;
12 (d) first month's rent;
13 (e) security deposits;
14 (f) apartment location assistance;
15 (g) other expenses which the Department considers
16 appropriate; and
17 (h) compensation for any loss of or injury to real
18 or personal property resulting from a gang crime to a
19 maximum of $5,000, subject to the following provisions:
20 (1) in the case of loss of property, the
21 amount of compensation shall be measured by the
22 replacement cost of similar or like property which
23 has been incurred by and which is substantiated by
24 the property owner,
25 (2) in the case of injury to property, the
26 amount of compensation shall be measured by the cost
27 of repair incurred and which can be substantiated by
28 the property owner,
29 (3) compensation under this provision is a
30 secondary source of compensation and shall be
31 reduced by any amount the property owner receives
32 from any other source as compensation for the loss
33 or injury, including, but not limited to, personal
34 insurance coverage,
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1 (4) no compensation may be awarded if the
2 property owner was an offender or an accomplice of
3 the offender, or if the award would unjustly benefit
4 the offender or offenders, or an accomplice of the
5 offender or offenders.
6 No victim or witness may receive such assistance if he or
7 she is not a part of or fails to fully cooperate in the
8 prosecution of gang crime members by law enforcement
9 authorities.
10 The Department shall promulgate any rules necessary for
11 the implementation of this amendatory Act of 1985.
12 17. To conduct arson investigations.
13 18. To develop a separate statewide statistical police
14 contact record keeping system for the study of juvenile
15 delinquency. The records of this police contact system shall
16 be limited to statistical information. No individually
17 identifiable information shall be maintained in the police
18 contact statistical record system.
19 19. To develop a separate statewide central juvenile
20 records system for persons arrested prior to the age of 17
21 under Section 5-401 of the Juvenile Court Act of 1987 or
22 adjudicated delinquent minors and to make information
23 available to local law enforcement officers so that law
24 enforcement officers will be able to obtain rapid access to
25 the background of the minor from other jurisdictions to the
26 end that the juvenile police officers can make appropriate
27 decisions which will best serve the interest of the child and
28 the community. The Department shall submit a quarterly
29 report to the General Assembly and Governor which shall
30 contain the number of juvenile records that the Department
31 has received in that quarter and, a list, by category, of
32 offenses that minors were arrested for or convicted of by
33 age, race and gender.
34 20. To develop rules which guarantee the confidentiality
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1 of such individually identifiable juvenile records except to
2 juvenile authorities who request information concerning the
3 minor and who certify in writing that the information will
4 not be disclosed to any other party except as provided under
5 law or order of court. For purposes of this Section,
6 "juvenile authorities" means: (i) a judge of the circuit
7 court and members of the staff of the court designated by the
8 judge; (ii) parties to the proceedings under the Juvenile
9 Court Act of 1987 and their attorneys; (iii) probation
10 officers and court appointed advocates for the juvenile
11 authorized by the judge hearing the case; (iv) any individual
12 or, public or of private agency having custody of the child
13 pursuant to court order; (v) any individual or, public or
14 private agency providing education, medical or mental health
15 service to the child when the requested information is needed
16 to determine the appropriate service or treatment for the
17 minor; (vi) any potential placement provider when such
18 release is authorized by the court for the limited purpose of
19 determining the appropriateness of the potential placement;
20 (vii) law enforcement officers and prosecutors; (viii) adult
21 and juvenile prisoner review boards; (ix) authorized military
22 personnel; (x) individuals authorized by court; (xi) the
23 Illinois General Assembly or any committee or commission
24 thereof.
25 21. To develop administrative rules and administrative
26 hearing procedures which allow a minor, his or her attorney,
27 and his or her parents or guardian access to individually
28 identifiable juvenile records for the purpose of determining
29 or challenging the accuracy of the records. Final
30 administrative decisions shall be subject to the provisions
31 of the Administrative Review Law.
32 22. To charge, collect, and receive fees or moneys
33 equivalent to the cost of providing Department of State
34 Police personnel, equipment, and services to local
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1 governmental agencies when explicitly requested by a local
2 governmental agency and pursuant to an intergovernmental
3 agreement as provided by this Section, other State agencies,
4 and federal agencies, including but not limited to fees or
5 moneys equivalent to the cost of providing dispatching
6 services, radio and radar repair, and training to local
7 governmental agencies on such terms and conditions as in the
8 judgment of the Director are in the best interest of the
9 State; and to establish, charge, collect and receive fees or
10 moneys based on the cost of providing responses to requests
11 for criminal history record information pursuant to positive
12 identification and any Illinois or federal law authorizing
13 access to some aspect of such information and to prescribe
14 the form and manner for requesting and furnishing such
15 information to the requestor on such terms and conditions as
16 in the judgment of the Director are in the best interest of
17 the State, provided fees for requesting and furnishing
18 criminal history record information may be waived for
19 requests in the due administration of the criminal laws. The
20 Department may also charge, collect and receive fees or
21 moneys equivalent to the cost of providing electronic data
22 processing lines or related telecommunication services to
23 local governments, but only when such services can be
24 provided by the Department at a cost less than that
25 experienced by said local governments through other means.
26 All services provided by the Department shall be conducted
27 pursuant to contracts in accordance with the
28 Intergovernmental Cooperation Act, and all telecommunication
29 services shall be provided pursuant to the provisions of
30 Section 67.18 of this Code.
31 All fees received by the Department of State Police under
32 this Act or the Illinois Uniform Conviction Information Act
33 shall be deposited in a special fund in the State Treasury to
34 be known as the State Police Services Fund. The money
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1 deposited in the State Police Services Fund shall be
2 appropriated to the Department of State Police for expenses
3 of the Department of State Police.
4 Upon the completion of any audit of the Department of
5 State Police as prescribed by the Illinois State Auditing
6 Act, which audit includes an audit of the State Police
7 Services Fund, the Department of State Police shall make the
8 audit open to inspection by any interested person.
9 23. To exercise the powers and perform the duties which
10 have been vested in the Department of State Police by the
11 Intergovernmental Missing Child Recovery Act of 1984, and to
12 establish reasonable rules and regulations necessitated
13 thereby.
14 24. (a) To establish and maintain a statewide Law
15 Enforcement Agencies Data System (LEADS) for the purpose of
16 providing electronic access by authorized entities to
17 criminal justice data repositories and effecting an immediate
18 law enforcement response to reports of missing persons,
19 including lost, missing or runaway minors. The Department
20 shall implement an automatic data exchange system to compile,
21 to maintain and to make available to other law enforcement
22 agencies for immediate dissemination data which can assist
23 appropriate agencies in recovering missing persons and
24 provide access by authorized entities to various data
25 repositories available through LEADS for criminal justice and
26 related purposes. To assist the Department in this effort,
27 funds may be appropriated from the LEADS Maintenance Fund.
28 (b) In exercising its duties under this subsection, the
29 Department shall:
30 (1) provide a uniform reporting format for the
31 entry of pertinent information regarding the report of a
32 missing person into LEADS;
33 (2) develop and implement a policy whereby a
34 statewide or regional alert would be used in situations
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1 relating to the disappearances of individuals, based on
2 criteria and in a format established by the Department.
3 Such a format shall include, but not be limited to, the
4 age of the missing person and the suspected circumstance
5 of the disappearance;
6 (3) notify all law enforcement agencies that
7 reports of missing persons shall be entered as soon as
8 the minimum level of data specified by the Department is
9 available to the reporting agency, and that no waiting
10 period for the entry of such data exists;
11 (4) compile and retain information regarding lost,
12 abducted, missing or runaway minors in a separate data
13 file, in a manner that allows such information to be used
14 by law enforcement and other agencies deemed appropriate
15 by the Director, for investigative purposes. Such
16 information shall include the disposition of all reported
17 lost, abducted, missing or runaway minor cases;
18 (5) compile and maintain an historic data
19 repository relating to lost, abducted, missing or runaway
20 minors and other missing persons in order to develop and
21 improve techniques utilized by law enforcement agencies
22 when responding to reports of missing persons; and
23 (6) create a quality control program regarding
24 confirmation of missing person data, timeliness of
25 entries of missing person reports into LEADS and
26 performance audits of all entering agencies.
27 25. On request of a school board or regional
28 superintendent of schools, to conduct an inquiry pursuant to
29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
30 an applicant for employment in a school district has been
31 convicted of any criminal or drug offenses enumerated in
32 Section 10-21.9 or 34-18.5 of the School Code. The
33 Department shall furnish such conviction information to the
34 President of the school board of the school district which
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1 has requested the information, or if the information was
2 requested by the regional superintendent to that regional
3 superintendent.
4 26. To promulgate rules and regulations necessary for
5 the administration and enforcement of its powers and duties,
6 wherever granted and imposed, pursuant to the Illinois
7 Administrative Procedure Act.
8 27. To (a) promulgate rules pertaining to the
9 certification, revocation of certification and training of
10 law enforcement officers as electronic criminal surveillance
11 officers, (b) provide training and technical assistance to
12 State's Attorneys and local law enforcement agencies
13 pertaining to the interception of private oral
14 communications, (c) promulgate rules necessary for the
15 administration of Article 108B of the Code of Criminal
16 Procedure of 1963, including but not limited to standards for
17 recording and minimization of electronic criminal
18 surveillance intercepts, documentation required to be
19 maintained during an intercept, procedures in relation to
20 evidence developed by an intercept, and (d) charge a
21 reasonable fee to each law enforcement agency that sends
22 officers to receive training as electronic criminal
23 surveillance officers.
24 28. Upon the request of any private organization which
25 devotes a major portion of its time to the provision of
26 recreational, social, educational or child safety services to
27 children, to conduct, pursuant to positive identification,
28 criminal background investigations of all of that
29 organization's current employees, current volunteers,
30 prospective employees or prospective volunteers charged with
31 the care and custody of children during the provision of the
32 organization's services, and to report to the requesting
33 organization any record of convictions maintained in the
34 Department's files about such persons. The Department shall
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1 charge an application fee, based on actual costs, for the
2 dissemination of conviction information pursuant to this
3 subsection. The Department is empowered to establish this
4 fee and shall prescribe the form and manner for requesting
5 and furnishing conviction information pursuant to this
6 subsection. Information received by the organization from the
7 Department concerning an individual shall be provided to such
8 individual. Any such information obtained by the
9 organization shall be confidential and may not be transmitted
10 outside the organization and may not be transmitted to anyone
11 within the organization except as needed for the purpose of
12 evaluating the individual. Only information and standards
13 which bear a reasonable and rational relation to the
14 performance of child care shall be used by the organization.
15 Any employee of the Department or any member, employee or
16 volunteer of the organization receiving confidential
17 information under this subsection who gives or causes to be
18 given any confidential information concerning any criminal
19 convictions of an individual shall be guilty of a Class A
20 misdemeanor unless release of such information is authorized
21 by this subsection.
22 29. Upon the request of the Department of Children and
23 Family Services, to investigate reports of child abuse or
24 neglect.
25 30. To obtain registration of a fictitious vital record
26 pursuant to Section 15.1 of the Vital Records Act.
27 31. To collect and disseminate information relating to
28 "hate crimes" as defined under Section 12-7.1 of the Criminal
29 Code of 1961 contingent upon the availability of State or
30 Federal funds to revise and upgrade the Illinois Uniform
31 Crime Reporting System. All law enforcement agencies shall
32 report monthly to the Department of State Police concerning
33 such offenses in such form and in such manner as may be
34 prescribed by rules and regulations adopted by the Department
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1 of State Police. Such information shall be compiled by the
2 Department and be disseminated upon request to any local law
3 enforcement agency, unit of local government, or state
4 agency. Dissemination of such information shall be subject
5 to all confidentiality requirements otherwise imposed by law.
6 The Department of State Police shall provide training for
7 State Police officers in identifying, responding to, and
8 reporting all hate crimes. The Illinois Law Enforcement
9 Training Standards Board shall develop and certify a course
10 of such training to be made available to local law
11 enforcement officers.
12 32. Upon the request of a private carrier company that
13 provides transportation under Section 28b of the Metropolitan
14 Transit Authority Act, to ascertain if an applicant for a
15 driver position has been convicted of any criminal or drug
16 offense enumerated in Section 28b of the Metropolitan Transit
17 Authority Act. The Department shall furnish the conviction
18 information to the private carrier company that requested the
19 information.
20 33. To apply for grants or contracts, receive, expend,
21 allocate, or disburse funds and moneys made available by
22 public or private entities, including, but not limited to,
23 contracts, bequests, grants, or receiving equipment from
24 corporations, foundations, or public or private institutions
25 of higher learning. All funds received by the Department
26 from these sources shall be deposited into the appropriate
27 fund in the State Treasury to be appropriated to the
28 Department for purposes as indicated by the grantor or
29 contractor or, in the case of funds or moneys bequeathed or
30 granted for no specific purpose, for any purpose as deemed
31 appropriate by the Director in administering the
32 responsibilities of the Department.
33 34. Upon the request of the Department of Children and
34 Family Services, the Department of State Police shall provide
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1 properly designated employees of the Department of Children
2 and Family Services with criminal history record information
3 as defined in the Illinois Uniform Conviction Information Act
4 and information maintained in the Statewide Central Juvenile
5 record system as defined in subdivision (A)19 of this Section
6 if the Department of Children and Family Services determines
7 the information is necessary to perform its duties under the
8 Abused and Neglected Child Reporting Act, the Child Care Act
9 of 1969, and the Children and Family Services Act. The
10 request shall be in the form and manner specified by the
11 Department of State Police.
12 35. The Illinois Department of Public Aid is an
13 authorized entity under this Section for the purpose of
14 exchanging information, in the form and manner required by
15 the Department of State Police, obtaining access to various
16 data repositories available through LEADS, to facilitate the
17 location of individuals for establishing paternity, and
18 establishing, modifying, and enforcing child support
19 obligations, pursuant to the Illinois Public Aid Code and
20 Title IV, Part Section D of the Social Security Act. The
21 Department shall enter into an agreement with the Illinois
22 Department of Public Aid consistent with these purposes.
23 36. Upon request of the Department of Human Services, to
24 conduct an assessment and evaluation of sexually violent
25 persons as mandated by the Sexually Violent Persons
26 Commitment Act, the Department shall furnish criminal history
27 information maintained on the requested person. The request
28 shall be in the form and manner specified by the Department.
29 37. To exercise the powers and perform the duties
30 specifically assigned to the Department under the Wireless
31 Emergency Telephone Safety Act with respect to the
32 development and improvement of emergency communications
33 procedures and facilities in such a manner as to facilitate a
34 quick response to any person calling the number "9-1-1"
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1 seeking police, fire, medical, or other emergency services
2 through a wireless carrier as defined in Section 10 of the
3 Wireless Emergency Telephone Safety Act. Nothing in the
4 Wireless Emergency Telephone Safety Act shall require the
5 Illinois State Police to provide wireless enhanced 9-1-1
6 services.
7 (B) The Department of State Police may establish and
8 maintain, within the Department of State Police, a Statewide
9 Organized Criminal Gang Database (SWORD) for the purpose of
10 tracking organized criminal gangs and their memberships.
11 Information in the database may include, but not be limited
12 to, the name, last known address, birth date, physical
13 descriptions (such as scars, marks, or tattoos), officer
14 safety information, organized gang affiliation, and entering
15 agency identifier. The Department may develop, in
16 consultation with the Criminal Justice Information Authority,
17 and in a form and manner prescribed by the Department, an
18 automated data exchange system to compile, to maintain, and
19 to make this information electronically available to
20 prosecutors and to other law enforcement agencies. The
21 information may be used by authorized agencies to combat the
22 operations of organized criminal gangs statewide.
23 (C) The Department of State Police may ascertain the
24 number of bilingual police officers and other personnel
25 needed to provide services in a language other than English
26 and may establish, under applicable personnel rules and
27 Department guidelines or through a collective bargaining
28 agreement, a bilingual pay supplement program.
29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
30 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
31 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
32 1-21-99.)
33 Section 810. The State Finance Act is amended by adding
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1 Sections 5.490, 5.491, and 8.36 as follows:
2 (30 ILCS 105/5.490 new)
3 Sec. 5.490. State Wireless Service Emergency Fund.
4 (30 ILCS 105/5.491 new)
5 Sec. 5.491. Wireless Enhanced 9-1-1 Emergency System
6 Trust Fund.
7 (30 ILCS 105/8.36 new)
8 Sec. 8.36. State Wireless Service Emergency Fund.
9 (a) Appropriations from the State Wireless Service
10 Emergency Fund shall be made only to the Department of State
11 Police for use in accordance with paragraph (8) of subsection
12 (c) of Section 15 of the Wireless Emergency Telephone Safety
13 Act.
14 (b) On January 1, 2000, the State Comptroller and State
15 Treasurer shall transfer $1,300,000 from the General Revenue
16 Fund to the Wireless Service Emergency Fund. On June 30,
17 2002 the State Comptroller and State Treasurer shall transfer
18 $1,300,000 from the Wireless Service Emergency Fund to the
19 General Revenue Fund.
20 Section 995. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.
27 Section 999. Effective date. This Act takes effect on
28 January 1, 2000.
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1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 5 ILCS 140/7 from Ch. 116, par. 207
5 20 ILCS 2605/55a from Ch. 127, par. 55a
6 30 ILCS 105/5.490 new
7 30 ILCS 105/5.491 new
8 30 ILCS 105/8.36 new