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91_HB1383ham001
LRB9103127MWpcam
1 AMENDMENT TO HOUSE BILL 1383
2 AMENDMENT NO. . Amend House Bill 1383 by replacing
3 everything after the enacting clause with the following:
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
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1 necessary to comply with the wireless E9-1-1 requirements
2 mandated by the Federal Communications Commission and to
3 maximize the availability of wireless E9-1-1 services
4 throughout the State of Illinois.
5 The revenues generated by the wireless carrier surcharge
6 enacted by this Act are required to fund the efforts of the
7 wireless carriers, emergency telephone system boards,
8 qualified governmental entities, and the Department of State
9 Police to improve the public health, safety, and welfare and
10 to serve a public purpose by providing emergency telephone
11 assistance through wireless communications.
12 It is the intent of the General Assembly to:
13 (1) establish and implement a cohesive statewide
14 emergency telephone number that will provide wireless
15 telephone users with rapid direct access to public safety
16 agencies by dialing the telephone number 9-1-1;
17 (2) encourage wireless carriers and public safety
18 agencies to provide E9-1-1 services that will assist
19 public safety agencies in determining the caller's
20 approximate location and wireless telephone number;
21 (3) grant authority to public safety agencies not
22 already in possession of the authority to finance the
23 cost of installing and operating wireless 9-1-1 systems
24 and reimbursing wireless carriers for costs incurred to
25 provide wireless E9-1-1 services; and
26 (4) provide for a reasonable fee on wireless
27 telephone service subscribers to accomplish these
28 purposes.
29 Section 10. Definitions. In this Act:
30 "Emergency telephone system board" means a board
31 appointed by the corporate authorities of any county or
32 municipality that provides for the management and operation
33 of a 9-1-1 system within the scope of the duties and powers
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1 prescribed by the Emergency Telephone System Act.
2 "Master street address guide" means the computerized
3 geographical database that consists of all street and address
4 data within a 9-1-1 system.
5 "Public safety agency" means a functional division of a
6 public agency that provides fire fighting, police, medical,
7 or other emergency services. For the purpose of providing
8 wireless service to users of 9-1-1 emergency services, as
9 expressly provided for in this Act, the Department of State
10 Police may be considered a public safety agency.
11 "Qualified governmental entity" means a unit of local
12 government authorized to provide 9-1-1 services pursuant to
13 the Emergency Telephone System Act where no emergency
14 telephone system board exists.
15 "Statewide wireless emergency 9-1-1 system" means all
16 areas of the State where an emergency telephone system board
17 or, in the absence of an emergency telephone system board, a
18 qualified governmental entity has not declared its intention
19 for one or more of its public safety answering points to
20 serve as a primary wireless 9-1-1 public safety answering
21 point for its jurisdiction. The operator of the statewide
22 wireless emergency 9-1-1 system shall be the Department of
23 State Police.
24 "WEES Trust Fund" means the Wireless Enhanced 9-1-1
25 Emergency System Trust Fund.
26 "Wireless carrier" means a provider of two-way cellular,
27 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
28 Mobile Radio Service (CMRS), Wireless Communications Service
29 (WCS), or other Commercial Mobile Radio Service (CMRS), as
30 defined by the Federal Communications Commission, offering
31 radio communications that may provide fixed, mobile, radio
32 location, or satellite communication services to individuals
33 or businesses within its assigned spectrum block and
34 geographical area or that offers real-time, two-way voice
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1 service that is interconnected with the public switched
2 network, including a reseller of such service.
3 "Wireless enhanced 9-1-1" means the ability to relay the
4 telephone number of the originator of a 9-1-1 call and the
5 location of the cell site or base station receiving a 9-1-1
6 call from any mobile handset or text telephone device
7 accessing the wireless system to the designated wireless
8 public safety answering point through the use of automatic
9 number identification and pseudo-automatic number
10 identification.
11 "Wireless public safety answering point" means the
12 functional division of an emergency telephone system board,
13 qualified governmental entity, or the Department of State
14 Police accepting wireless 9-1-1 calls.
15 "Wireless subscriber" means an individual or entity to
16 whom a wireless service account or number has been assigned
17 by a wireless carrier.
18 Section 15. Wireless emergency 9-1-1 service. The
19 digits "9-1-1" shall be the designated emergency telephone
20 number within the wireless system.
21 (a) Standards. The Illinois Commerce Commission may set
22 non-discriminatory, uniform technical and operational
23 standards consistent with the rules of the Federal
24 Communications Commission for directing calls to authorized
25 public safety answering points. These standards shall not in
26 any way prescribe the technology or manner a wireless carrier
27 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
28 and these standards shall not exceed the requirements set by
29 the Federal Communications Commission. However, standards
30 for directing calls to the authorized public safety answering
31 point shall be met. The authority given to the Illinois
32 Commerce Commission in this Section is limited to setting
33 standards as set forth herein and does not constitute
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1 authority to regulate wireless carriers.
2 (b) Wireless public safety answering points. For the
3 purpose of providing wireless 9-1-1 emergency services, an
4 emergency telephone system board or, in the absence of an
5 emergency telephone system board, a qualified governmental
6 entity may declare its intention for one or more of its
7 public safety answering points to serve as a primary wireless
8 9-1-1 public safety answering point for its jurisdiction by
9 notifying the Chief Clerk of the Illinois Commerce Commission
10 and the Director of State Police in writing within 6 months
11 after the effective date of this Act or within 6 months after
12 receiving its authority to operate a 9-1-1 system under the
13 Emergency Telephone System Act. In addition, 2 or more
14 emergency telephone system boards or qualified units of local
15 government may, by virtue of an intergovernmental agreement,
16 provide wireless 9-1-1 service. The Department of State
17 Police shall be the primary wireless 9-1-1 public safety
18 answering point for any jurisdiction not providing notice to
19 the Commission and the Department of State Police. Nothing
20 in this Act shall require the provision of wireless enhanced
21 9-1-1 services.
22 The Illinois Commerce Commission, upon a joint request
23 from the Department of State Police and a qualified
24 governmental entity or an emergency telephone system board,
25 may grant authority to the emergency telephone system board
26 or a qualified governmental entity to provide wireless 9-1-1
27 service in areas for which the Department of State Police has
28 accepted wireless 9-1-1 responsibility. The Illinois
29 Commerce Commission shall maintain a current list of all
30 9-1-1 systems and qualified governmental entities providing
31 wireless 9-1-1 service under this Act.
32 Any emergency telephone system board or qualified
33 governmental entity providing wireless 9-1-1 service prior to
34 the effective date of this Act may continue to operate upon
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1 notification as previously described in this Section. An
2 emergency telephone system board or a qualified governmental
3 entity shall submit, with its notification, the date upon
4 which it commenced operating.
5 (c) Wireless Enhanced 9-1-1 Board. The Wireless
6 Enhanced 9-1-1 Board is created. The Board consists of 7
7 members appointed by the Governor with the advice and consent
8 of the Senate. It is recommended that the Governor appoint
9 members from the following: the Illinois Chapter of the
10 National Emergency Numbers Association, the Illinois State
11 Police, law enforcement agencies, the wireless
12 telecommunications industry, an emergency telephone system
13 board in Cook County (outside the City of Chicago), an
14 emergency telephone system board in the Metro-east area, and
15 an emergency telephone system board in the collar counties
16 (Lake, McHenry, DuPage, Kane, and Will counties). Members of
17 the Board may not receive any compensation but may, however,
18 be reimbursed for any necessary expenditure in connection
19 with their duties.
20 Except as provided in paragraph (10) of subsection (d) of
21 this Section, the Wireless Enhanced 9-1-1 Board shall set the
22 amount of the monthly wireless surcharge required to be
23 imposed under subsection (d) of this Section on all wireless
24 subscribers in this State. The surcharge may not be more
25 than $0.75 per month per CMRS connection.
26 The Wireless Enhanced 9-1-1 Board shall report to the
27 General Assembly by January 1, 2000 on implementing wireless
28 non-emergency services for the purpose of public safety using
29 the digits 3-1-1. The Board shall consider the purpose of
30 public safety using the digits 3-1-1. The Board shall
31 consider the delivery of 3-1-1 services in a 6 county area,
32 including rural Cook County (outside of the City of Chicago),
33 and DuPage, Lake, McHenry, Will, and Kane Counties, as well
34 as counties outside of this area by an emergency telephone
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1 system board, a qualified governmental entity, or private
2 industry. Upon filing its report, the Board is dissolved.
3 (d) Wireless carrier surcharge.
4 (1) Except as provided in paragraph (10) of this
5 subsection (d), each wireless carrier shall impose a
6 monthly wireless carrier surcharge per CMRS connection
7 that either has a telephone number within an area code
8 assigned to Illinois by the North American Numbering Plan
9 Administrator or has a billing address in this State.
10 The wireless carrier that provides wireless service to
11 the subscriber shall collect the surcharge set by the
12 Wireless Enhanced 9-1-1 Board from the subscriber. The
13 surcharge shall be stated as a separate item on the
14 subscriber's monthly bill. The wireless carrier shall
15 begin collecting the surcharge on bills issued within 90
16 days after the Wireless Enhanced 9-1-1 Board sets the
17 monthly wireless surcharge. State and local taxes shall
18 not apply to the wireless carrier surcharge.
19 (2) Except as provided in paragraph (10) of this
20 subsection (d), the wireless carrier collecting the
21 surcharge may retain 1% of the amount of the wireless
22 carrier surcharge collected from each subscriber in the
23 State each month as reimbursement for its expenses
24 incurred in collecting the surcharge, including
25 accounting and related expenses.
26 (3) Except as provided in paragraphs (2) and (10)
27 of this subsection (d), a wireless carrier shall, within
28 45 days of collection, remit, either by check or by
29 electronic funds transfer, to the State Treasurer 1/3 of
30 the amount of the wireless carrier surcharge collected
31 from each subscriber for recovery of its cost of
32 implementing wireless enhanced 9-1-1 services, including
33 costs and expenses incurred in designing, upgrading,
34 purchasing, leasing, programming, installing, testing, or
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1 maintaining all necessary hardware and software required
2 to provide service as well as the costs of operating the
3 service. These costs may be both recurring and
4 non-recurring. The Treasurer shall deposit all the
5 payments into the WEES Trust Fund, created by this Act,
6 within 14 days after payments are received from the
7 wireless carriers. Moneys deposited into the WEES Trust
8 Fund shall be used exclusively to reimburse wireless
9 carriers for establishing and maintaining their enhanced
10 9-1-1 emergency systems and for payment of the
11 administrative costs of the WEES Trust Fund.
12 (4) (A) A wireless carrier may recover all of its
13 costs incurred for the purposes of compliance with
14 the applicable provisions of Federal Communications
15 Commission wireless enhanced 9-1-1 service mandates
16 from the WEES Trust Fund. Those purposes shall
17 include, but not be limited to, the cost for
18 upgrading, purchasing, programming, and installing
19 necessary data, hardware, and software and
20 associated administrative costs and overhead.
21 (B) To recover costs from the WEES Trust Fund,
22 the wireless carrier shall submit to the State
23 Treasurer sworn invoices. Sworn invoices must be
24 submitted to the Treasurer in connection with any
25 request for payment. In no event shall any invoice
26 for payment be approved for payment of costs that
27 are not related to compliance with the requirements
28 established by the wireless enhanced 9-1-1 mandates
29 of the Federal Communications Commission, or for any
30 payment with respect to any wireless enhanced 9-1-1
31 service that is not operable at the time the invoice
32 is submitted, or for payment of any costs of any
33 wireless carrier exceeding 125% of the wireless
34 emergency services charges remitted to the WEES
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1 Trust Fund by the wireless carrier under paragraph
2 (3) of this subsection (d) unless the wireless
3 carrier received prior approval for the expenditures
4 from the State Treasurer. If the total amount of
5 invoices submitted to the Treasurer and approved for
6 payment exceeds the amount in the WEES Trust Fund in
7 any month, wireless providers that have invoices
8 approved for payment shall receive a pro-rata share
9 of the amount available in the WEES Trust Fund based
10 on the relative amount of their approved invoices
11 available that month, and the balance of the
12 payments shall be carried into the following months,
13 and shall include appropriate interest at the
14 statutory rate, until all of the approved payments
15 are made.
16 (5)(A) Except as provided in paragraphs (2), (3),
17 and (10) of this subsection (d), all surcharge
18 moneys collected by the wireless carrier shall be
19 remitted monthly, either by check or electronic
20 funds transfer, not later than 45 days after being
21 collected to the Wireless Emergency Telephone System
22 Distribution Fund established by the Illinois
23 Sheriffs' Association, a 501(c)(3) not-for-profit
24 corporation or its affiliate. The first such
25 remittance by wireless carriers shall include the
26 number of customers by zip code, and the 9-digit zip
27 code if currently being used or later implemented by
28 the carrier, that shall be the means by which the
29 Emergency Telephone System Distribution Fund shall
30 determine its formulation of proper surcharge
31 remittance. This information shall be updated no
32 less often than every year. Wireless carriers are
33 not required to remit surcharge moneys that are
34 billed to subscribers but not yet collected.
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1 (B) The Wireless Emergency Telephone System
2 Distribution Fund shall engage an independent
3 auditing firm to conduct an annual audit in
4 accordance with generally accepted accounting
5 principals (GAAP) and to perform agreed upon
6 procedures to test the compliance of the
7 distribution of the funds in accordance with the
8 provisions of this Act.
9 (6) The Wireless Emergency Telephone System
10 Distribution Fund shall, within 45 days of receipt, remit
11 monthly all surcharge moneys, minus 2% of the amount of
12 the wireless carrier surcharge collected from each
13 subscriber in the State for administrative expenses, to
14 the emergency telephone system board or, in the absence
15 of an emergency telephone system board, to the
16 appropriate and qualified governmental entity providing
17 wireless 9-1-1 service. Proper surcharge remittance to
18 the appropriate emergency telephone system board or
19 qualified governmental entity or the Department of State
20 Police shall initially be determined based upon the
21 United States Postal Zip Code of the wireless
22 subscriber's billing address. In areas of overlapping
23 jurisdiction distribution shall be made based upon
24 notification to the Fund from the responsible emergency
25 telephone system board or qualified governmental entity
26 through reference to an official Master Street Address
27 Guide provided to the Fund by the emergency telephone
28 system board or qualified governmental entity whose
29 public service answering points provide wireless 9-1-1
30 service. The emergency telephone system board or
31 qualified governmental entity shall provide the Fund with
32 a valid copy of the appropriate Master Street Address
33 Guide. Where there is no emergency telephone system
34 board or qualified governmental entity, the appropriate
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1 surcharge moneys shall be remitted to the State Wireless
2 Service Emergency Fund, an interest-bearing special fund
3 established in the State treasury. The Department of
4 State Police shall have no duty to verify jurisdictional
5 responsibility.
6 (7) In the event of a subscriber billing address
7 being matched to an incorrect jurisdiction by the
8 Wireless Emergency Telephone System Distribution Fund,
9 the recipient shall redirect the funds to the correct
10 jurisdiction. The Wireless Emergency Telephone System
11 Distribution Fund agent or agents shall not be held
12 liable for any damages unless the act or omission
13 constitutes gross negligence, recklessness, or
14 intentional misconduct.
15 (8) Moneys in the State Wireless Service Emergency
16 Fund shall be used by the Department of State Police,
17 subject to appropriation, only for the design,
18 implementation, operation, maintenance, or upgrade of
19 wireless 9-1-1 or E9-1-1 emergency services and public
20 safety answering points.
21 The moneys received by the Department of State
22 Police from the State Wireless Service Emergency Fund, in
23 any year, may be used for any costs relating to the
24 leasing, modification, or maintenance of any building or
25 facility used to house personnel or equipment associated
26 with the operation of wireless 9-1-1 or wireless E9-1-1
27 emergency services as required by the Department of State
28 Police to ensure service in those areas where service is
29 not otherwise provided.
30 Moneys from the State Wireless Service Emergency
31 Fund may not be used to pay for or recover any costs
32 associated with public safety agency equipment or
33 personnel dispatched in response to wireless 9-1-1 or
34 wireless E9-1-1 emergency calls.
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1 (9) Because of the highly competitive nature of the
2 wireless telephone industry, a public disclosure of
3 information about surcharge moneys paid by wireless
4 carriers could have the effect of stifling competition to
5 the detriment of the public and the delivery of wireless
6 9-1-1 services. Therefore, the Department of State
7 Police, the Wireless Emergency Telephone System
8 Distribution Fund, governmental agencies, or individuals
9 with access to that information shall take appropriate
10 steps to prevent public disclosure of this information.
11 Information and data supporting the amount and
12 distribution of surcharge moneys collected and remitted
13 by an individual wireless carrier shall be deemed exempt
14 information for purposes of the Freedom of Information
15 Act and shall not be publicly disclosed. The gross
16 amount paid by all carriers shall not be deemed exempt
17 and may be publicly disclosed.
18 (10) Notwithstanding any other provisions of this
19 Act, a unit of local government or emergency telephone
20 system board providing wireless 9-1-1 service and
21 imposing and collecting a wireless carrier surcharge
22 prior to July 1, 1998 may continue its practices of
23 imposing and collecting its wireless carrier surcharge,
24 but in no event shall that monthly surcharge exceed $1.25
25 per each CMRS connection or in-service telephone number
26 billed on a monthly basis.
27 (e) Wireless Enhanced 9-1-1 Emergency System Trust Fund.
28 (1) There is created in the State treasury a
29 special fund to be known as the Wireless Enhanced 9-1-1
30 Emergency System Trust Fund for the purpose of providing
31 payment to wireless carriers for their cost of providing
32 wireless enhanced 9-1-1 service, as prescribed by Federal
33 Communications Commission wireless enhanced 9-1-1
34 mandates. However, a wireless carrier may not receive
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1 payment from the WEES Trust Fund for its costs of
2 providing wireless enhanced 9-1-1 services where the unit
3 of local government or emergency telephone system board
4 provides wireless 9-1-1 services and was imposing and
5 collecting a wireless carrier surcharge prior to July 1,
6 1998.
7 (2) The State Treasurer shall be the custodian of
8 the WEES Trust Fund.
9 (3) Amounts in the WEES Trust Fund, not currently
10 required to meet the payment obligations of the WEES
11 Trust Fund as prescribed in paragraph (4) of subsection
12 (d), shall be invested as provided by law and all
13 interest earned from the investment shall be retained in
14 the WEES Trust Fund and used to meet its obligations.
15 (4) The State Treasurer shall maintain with a
16 corporation qualified to administer trusts in this State
17 under the Corporate Fiduciary Act for the funds deposited
18 with the State Treasurer a limited agency, custodial, or
19 depository account or other type of account for the
20 safekeeping of those funds and for collecting the income
21 from those funds and providing supportive accounting
22 services relating to the safekeeping and collection.
23 Such a corporation, in safekeeping the funds, shall have
24 all the powers, rights, duties, and responsibilities that
25 it has for holding securities in its fiduciary accounts
26 under the Securities in Fiduciary Accounts Act.
27 (5) The moneys received for the WEES Trust Fund
28 shall not be subject to appropriation by the General
29 Assembly but shall be held and invested by the State
30 Treasurer separate and apart from the State treasury.
31 The Treasurer shall invest the money received as provided
32 in the trust agreement.
33 (6) The State Treasurer shall maintain detailed
34 records of all receipts and disbursement in the same
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1 manner as required for trustees under the Trusts and
2 Trustees Act. The Treasurer shall provide an annual
3 accounting of all receipts, disbursements, and inventory
4 to the Auditor General.
5 (7) The Auditor General shall audit the WEES Trust
6 Fund from time to time, as deemed necessary by the
7 Auditor General. The State Comptroller shall prescribe
8 any rules or guidelines deemed necessary for the
9 administration, regulation, or operation of the WEES
10 Trust Fund.
11 Section 20. Limitation of liability. Notwithstanding any
12 other provision of law, in no event shall a unit of local
13 government, the Department of State Police, the Wireless
14 Emergency Telephone System Distribution Fund, or a public
15 safety agency, public safety answering point, emergency
16 telephone system board, or wireless carrier, or their
17 officers, employees, assigns, or agents, be liable for any
18 form of civil damages or criminal liability that directly or
19 indirectly results from, or is caused by, any act or omission
20 in the development, design, installation, operation,
21 maintenance, performance, or provision of wireless 9-1-1 or
22 wireless E9-1-1 service unless the act or omission
23 constitutes gross negligence, recklessness, or intentional
24 misconduct. A unit of local government, the Department of
25 State Police, the Wireless Emergency Telephone Distribution
26 Fund, or a public safety agency, public safety answering
27 point, emergency telephone system board, or wireless carrier,
28 or their officers, employees, assigns, or agents, shall not
29 be liable for any form of civil damages or criminal liability
30 that directly or indirectly results from, or is caused by,
31 the release of subscriber information to any governmental
32 entity as required under the provisions of this Act unless
33 the release constitutes gross negligence, recklessness, or
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1 intentional misconduct.
2 Section 25. Severability. If any provision of this Act or
3 its application to any person or circumstance is held
4 invalid, the invalidity of that provision or application does
5 not affect other provisions or applications of this Act that
6 can be given effect without the invalid application or
7 provision.
8 Section 30. Home rule. A home rule unit, other than a
9 home rule municipality having a population in excess of
10 500,000 and that imposes its own surcharge on wireless
11 carriers on the effective date of this Act, may not impose a
12 separate surcharge on wireless 9-1-1 service in addition to
13 the State imposed surcharge on wireless 9-1-1 under this Act.
14 This Section is a limitation under subsection (g) of Section
15 6 of Article VII of the Illinois Constitution on the powers
16 and functions of home rule units not exercised or performed
17 by the State.
18 Section 35. Review. This Act and any regulation
19 established by a State agency pursuant to this Act shall be
20 reviewed by the Auditor General prior to October 1, 2001.
21 Section 40. Expiration. This Act is repealed on April
22 1, 2005.
23 Section 800. The Freedom of Information Act is amended
24 by changing Section 7 as follows:
25 (5 ILCS 140/7) (from Ch. 116, par. 207)
26 Sec. 7. Exemptions.
27 (1) The following shall be exempt from inspection and
28 copying:
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1 (a) Information specifically prohibited from
2 disclosure by federal or State law or rules and
3 regulations adopted under federal or State law.
4 (b) Information that, if disclosed, would
5 constitute a clearly unwarranted invasion of personal
6 privacy, unless the disclosure is consented to in writing
7 by the individual subjects of the information. The
8 disclosure of information that bears on the public duties
9 of public employees and officials shall not be considered
10 an invasion of personal privacy. Information exempted
11 under this subsection (b) shall include but is not
12 limited to:
13 (i) files and personal information maintained
14 with respect to clients, patients, residents,
15 students or other individuals receiving social,
16 medical, educational, vocational, financial,
17 supervisory or custodial care or services directly
18 or indirectly from federal agencies or public
19 bodies;
20 (ii) personnel files and personal information
21 maintained with respect to employees, appointees or
22 elected officials of any public body or applicants
23 for those positions;
24 (iii) files and personal information
25 maintained with respect to any applicant, registrant
26 or licensee by any public body cooperating with or
27 engaged in professional or occupational
28 registration, licensure or discipline;
29 (iv) information required of any taxpayer in
30 connection with the assessment or collection of any
31 tax unless disclosure is otherwise required by State
32 statute; and
33 (v) information revealing the identity of
34 persons who file complaints with or provide
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1 information to administrative, investigative, law
2 enforcement or penal agencies; provided, however,
3 that identification of witnesses to traffic
4 accidents, traffic accident reports, and rescue
5 reports may be provided by agencies of local
6 government, except in a case for which a criminal
7 investigation is ongoing, without constituting a
8 clearly unwarranted per se invasion of personal
9 privacy under this subsection.
10 (c) Records compiled by any public body for
11 administrative enforcement proceedings and any law
12 enforcement or correctional agency for law enforcement
13 purposes or for internal matters of a public body, but
14 only to the extent that disclosure would:
15 (i) interfere with pending or actually and
16 reasonably contemplated law enforcement proceedings
17 conducted by any law enforcement or correctional
18 agency;
19 (ii) interfere with pending administrative
20 enforcement proceedings conducted by any public
21 body;
22 (iii) deprive a person of a fair trial or an
23 impartial hearing;
24 (iv) unavoidably disclose the identity of a
25 confidential source or confidential information
26 furnished only by the confidential source;
27 (v) disclose unique or specialized
28 investigative techniques other than those generally
29 used and known or disclose internal documents of
30 correctional agencies related to detection,
31 observation or investigation of incidents of crime
32 or misconduct;
33 (vi) constitute an invasion of personal
34 privacy under subsection (b) of this Section;
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1 (vii) endanger the life or physical safety of
2 law enforcement personnel or any other person; or
3 (viii) obstruct an ongoing criminal
4 investigation.
5 (d) Criminal history record information maintained
6 by State or local criminal justice agencies, except the
7 following which shall be open for public inspection and
8 copying:
9 (i) chronologically maintained arrest
10 information, such as traditional arrest logs or
11 blotters;
12 (ii) the name of a person in the custody of a
13 law enforcement agency and the charges for which
14 that person is being held;
15 (iii) court records that are public;
16 (iv) records that are otherwise available
17 under State or local law; or
18 (v) records in which the requesting party is
19 the individual identified, except as provided under
20 part (vii) of paragraph (c) of subsection (1) of
21 this Section.
22 "Criminal history record information" means data
23 identifiable to an individual and consisting of
24 descriptions or notations of arrests, detentions,
25 indictments, informations, pre-trial proceedings, trials,
26 or other formal events in the criminal justice system or
27 descriptions or notations of criminal charges (including
28 criminal violations of local municipal ordinances) and
29 the nature of any disposition arising therefrom,
30 including sentencing, court or correctional supervision,
31 rehabilitation and release. The term does not apply to
32 statistical records and reports in which individuals are
33 not identified and from which their identities are not
34 ascertainable, or to information that is for criminal
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1 investigative or intelligence purposes.
2 (e) Records that relate to or affect the security
3 of correctional institutions and detention facilities.
4 (f) Preliminary drafts, notes, recommendations,
5 memoranda and other records in which opinions are
6 expressed, or policies or actions are formulated, except
7 that a specific record or relevant portion of a record
8 shall not be exempt when the record is publicly cited and
9 identified by the head of the public body. The exemption
10 provided in this paragraph (f) extends to all those
11 records of officers and agencies of the General Assembly
12 that pertain to the preparation of legislative documents.
13 (g) Trade secrets and commercial or financial
14 information obtained from a person or business where the
15 trade secrets or information are proprietary, privileged
16 or confidential, or where disclosure of the trade secrets
17 or information may cause competitive harm, including all
18 information determined to be confidential under Section
19 4002 of the Technology Advancement and Development Act.
20 Nothing contained in this paragraph (g) shall be
21 construed to prevent a person or business from consenting
22 to disclosure.
23 (h) Proposals and bids for any contract, grant, or
24 agreement, including information which if it were
25 disclosed would frustrate procurement or give an
26 advantage to any person proposing to enter into a
27 contractor agreement with the body, until an award or
28 final selection is made. Information prepared by or for
29 the body in preparation of a bid solicitation shall be
30 exempt until an award or final selection is made.
31 (i) Valuable formulae, designs, drawings and
32 research data obtained or produced by any public body
33 when disclosure could reasonably be expected to produce
34 private gain or public loss.
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1 (j) Test questions, scoring keys and other
2 examination data used to administer an academic
3 examination or determined the qualifications of an
4 applicant for a license or employment.
5 (k) Architects' plans and engineers' technical
6 submissions for projects not constructed or developed in
7 whole or in part with public funds and for projects
8 constructed or developed with public funds, to the extent
9 that disclosure would compromise security.
10 (l) Library circulation and order records
11 identifying library users with specific materials.
12 (m) Minutes of meetings of public bodies closed to
13 the public as provided in the Open Meetings Act until the
14 public body makes the minutes available to the public
15 under Section 2.06 of the Open Meetings Act.
16 (n) Communications between a public body and an
17 attorney or auditor representing the public body that
18 would not be subject to discovery in litigation, and
19 materials prepared or compiled by or for a public body in
20 anticipation of a criminal, civil or administrative
21 proceeding upon the request of an attorney advising the
22 public body, and materials prepared or compiled with
23 respect to internal audits of public bodies.
24 (o) Information received by a primary or secondary
25 school, college or university under its procedures for
26 the evaluation of faculty members by their academic
27 peers.
28 (p) Administrative or technical information
29 associated with automated data processing operations,
30 including but not limited to software, operating
31 protocols, computer program abstracts, file layouts,
32 source listings, object modules, load modules, user
33 guides, documentation pertaining to all logical and
34 physical design of computerized systems, employee
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1 manuals, and any other information that, if disclosed,
2 would jeopardize the security of the system or its data
3 or the security of materials exempt under this Section.
4 (q) Documents or materials relating to collective
5 negotiating matters between public bodies and their
6 employees or representatives, except that any final
7 contract or agreement shall be subject to inspection and
8 copying.
9 (r) Drafts, notes, recommendations and memoranda
10 pertaining to the financing and marketing transactions of
11 the public body. The records of ownership, registration,
12 transfer, and exchange of municipal debt obligations, and
13 of persons to whom payment with respect to these
14 obligations is made.
15 (s) The records, documents and information relating
16 to real estate purchase negotiations until those
17 negotiations have been completed or otherwise terminated.
18 With regard to a parcel involved in a pending or actually
19 and reasonably contemplated eminent domain proceeding
20 under Article VII of the Code of Civil Procedure,
21 records, documents and information relating to that
22 parcel shall be exempt except as may be allowed under
23 discovery rules adopted by the Illinois Supreme Court.
24 The records, documents and information relating to a real
25 estate sale shall be exempt until a sale is consummated.
26 (t) Any and all proprietary information and records
27 related to the operation of an intergovernmental risk
28 management association or self-insurance pool or jointly
29 self-administered health and accident cooperative or
30 pool.
31 (u) Information concerning a university's
32 adjudication of student or employee grievance or
33 disciplinary cases, to the extent that disclosure would
34 reveal the identity of the student or employee and
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1 information concerning any public body's adjudication of
2 student or employee grievances or disciplinary cases,
3 except for the final outcome of the cases.
4 (v) Course materials or research materials used by
5 faculty members.
6 (w) Information related solely to the internal
7 personnel rules and practices of a public body.
8 (x) Information contained in or related to
9 examination, operating, or condition reports prepared by,
10 on behalf of, or for the use of a public body responsible
11 for the regulation or supervision of financial
12 institutions or insurance companies, unless disclosure is
13 otherwise required by State law.
14 (y) Information the disclosure of which is
15 restricted under Section 5-108 of the Public Utilities
16 Act.
17 (z) Manuals or instruction to staff that relate to
18 establishment or collection of liability for any State
19 tax or that relate to investigations by a public body to
20 determine violation of any criminal law.
21 (aa) Applications, related documents, and medical
22 records received by the Experimental Organ
23 Transplantation Procedures Board and any and all
24 documents or other records prepared by the Experimental
25 Organ Transplantation Procedures Board or its staff
26 relating to applications it has received.
27 (bb) Insurance or self insurance (including any
28 intergovernmental risk management association or self
29 insurance pool) claims, loss or risk management
30 information, records, data, advice or communications.
31 (cc) Information and records held by the Department
32 of Public Health and its authorized representatives
33 relating to known or suspected cases of sexually
34 transmissible disease or any information the disclosure
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1 of which is restricted under the Illinois Sexually
2 Transmissible Disease Control Act.
3 (dd) Information the disclosure of which is
4 exempted under Section 30 of the Radon Industry Licensing
5 Act.
6 (ee) Firm performance evaluations under Section 55
7 of the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (ff) Security portions of system safety program
10 plans, investigation reports, surveys, schedules, lists,
11 data, or information compiled, collected, or prepared by
12 or for the Regional Transportation Authority under
13 Section 2.11 of the Regional Transportation Authority Act
14 or the State of Missouri under the Bi-State Transit
15 Safety Act.
16 (gg) Information the disclosure of which is
17 restricted and exempted under Section 50 of the Illinois
18 Prepaid Tuition Act.
19 (hh) Information the disclosure of which is
20 exempted under Section 80 of the State Gift Ban Act.
21 (ii) Beginning July 1, 1999, (hh) information that
22 would disclose or might lead to the disclosure of secret
23 or confidential information, codes, algorithms, programs,
24 or private keys intended to be used to create electronic
25 or digital signatures under the Electronic Commerce
26 Security Act.
27 (jj) Information and data concerning the
28 distribution of surcharge moneys collected and remitted
29 by wireless carriers under the Wireless Emergency
30 Telephone Safety Act.
31 (2) This Section does not authorize withholding of
32 information or limit the availability of records to the
33 public, except as stated in this Section or otherwise
34 provided in this Act.
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1 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
2 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
3 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
4 Section 805. The Civil Administrative Code of Illinois
5 is amended by changing Section 55a as follows:
6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
7 (Text of Section before amendment by P.A. 90-590)
8 Sec. 55a. Powers and duties.
9 (A) The Department of State Police shall have the
10 following powers and duties, and those set forth in Sections
11 55a-1 through 55c:
12 1. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the State
14 Police Act.
15 2. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the State
17 Police Radio Act.
18 3. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Criminal Identification Act.
21 4. To (a) investigate the origins, activities, personnel
22 and incidents of crime and the ways and means to redress the
23 victims of crimes, and study the impact, if any, of
24 legislation relative to the effusion of crime and growing
25 crime rates, and enforce the criminal laws of this State
26 related thereto, (b) enforce all laws regulating the
27 production, sale, prescribing, manufacturing, administering,
28 transporting, having in possession, dispensing, delivering,
29 distributing, or use of controlled substances and cannabis,
30 (c) employ skilled experts, scientists, technicians,
31 investigators or otherwise specially qualified persons to aid
32 in preventing or detecting crime, apprehending criminals, or
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1 preparing and presenting evidence of violations of the
2 criminal laws of the State, (d) cooperate with the police of
3 cities, villages and incorporated towns, and with the police
4 officers of any county, in enforcing the laws of the State
5 and in making arrests and recovering property, (e) apprehend
6 and deliver up any person charged in this State or any other
7 State of the United States with treason, felony, or other
8 crime, who has fled from justice and is found in this State,
9 and (f) conduct such other investigations as may be provided
10 by law. Persons exercising these powers within the Department
11 are conservators of the peace and as such have all the powers
12 possessed by policemen in cities and sheriffs, except that
13 they may exercise such powers anywhere in the State in
14 cooperation with and after contact with the local law
15 enforcement officials. Such persons may use false or
16 fictitious names in the performance of their duties under
17 this paragraph, upon approval of the Director, and shall not
18 be subject to prosecution under the criminal laws for such
19 use.
20 5. To: (a) be a central repository and custodian of
21 criminal statistics for the State, (b) be a central
22 repository for criminal history record information, (c)
23 procure and file for record such information as is necessary
24 and helpful to plan programs of crime prevention, law
25 enforcement and criminal justice, (d) procure and file for
26 record such copies of fingerprints, as may be required by
27 law, (e) establish general and field crime laboratories, (f)
28 register and file for record such information as may be
29 required by law for the issuance of firearm owner's
30 identification cards, (g) employ polygraph operators,
31 laboratory technicians and other specially qualified persons
32 to aid in the identification of criminal activity, and (h)
33 undertake such other identification, information, laboratory,
34 statistical or registration activities as may be required by
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1 law.
2 6. To (a) acquire and operate one or more radio
3 broadcasting stations in the State to be used for police
4 purposes, (b) operate a statewide communications network to
5 gather and disseminate information for law enforcement
6 agencies, (c) operate an electronic data processing and
7 computer center for the storage and retrieval of data
8 pertaining to criminal activity, and (d) undertake such other
9 communication activities as may be required by law.
10 7. To provide, as may be required by law, assistance to
11 local law enforcement agencies through (a) training,
12 management and consultant services for local law enforcement
13 agencies, and (b) the pursuit of research and the publication
14 of studies pertaining to local law enforcement activities.
15 8. To exercise the rights, powers and duties which have
16 been vested in the Department of State Police and the
17 Director of the Department of State Police by the Narcotic
18 Control Division Abolition Act.
19 9. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Illinois Vehicle Code.
22 10. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the Firearm
24 Owners Identification Card Act.
25 11. To enforce and administer such other laws in
26 relation to law enforcement as may be vested in the
27 Department.
28 12. To transfer jurisdiction of any realty title to
29 which is held by the State of Illinois under the control of
30 the Department to any other department of the State
31 government or to the State Employees Housing Commission, or
32 to acquire or accept Federal land, when such transfer,
33 acquisition or acceptance is advantageous to the State and is
34 approved in writing by the Governor.
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1 13. With the written approval of the Governor, to enter
2 into agreements with other departments created by this Act,
3 for the furlough of inmates of the penitentiary to such other
4 departments for their use in research programs being
5 conducted by them.
6 For the purpose of participating in such research
7 projects, the Department may extend the limits of any
8 inmate's place of confinement, when there is reasonable cause
9 to believe that the inmate will honor his or her trust by
10 authorizing the inmate, under prescribed conditions, to leave
11 the confines of the place unaccompanied by a custodial agent
12 of the Department. The Department shall make rules governing
13 the transfer of the inmate to the requesting other department
14 having the approved research project, and the return of such
15 inmate to the unextended confines of the penitentiary. Such
16 transfer shall be made only with the consent of the inmate.
17 The willful failure of a prisoner to remain within the
18 extended limits of his or her confinement or to return within
19 the time or manner prescribed to the place of confinement
20 designated by the Department in granting such extension shall
21 be deemed an escape from custody of the Department and
22 punishable as provided in Section 3-6-4 of the Unified Code
23 of Corrections.
24 14. To provide investigative services, with all of the
25 powers possessed by policemen in cities and sheriffs, in and
26 around all race tracks subject to the Horse Racing Act of
27 1975.
28 15. To expend such sums as the Director deems necessary
29 from Contractual Services appropriations for the Division of
30 Criminal Investigation for the purchase of evidence and for
31 the employment of persons to obtain evidence. Such sums shall
32 be advanced to agents authorized by the Director to expend
33 funds, on vouchers signed by the Director.
34 16. To assist victims and witnesses in gang crime
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1 prosecutions through the administration of funds appropriated
2 from the Gang Violence Victims and Witnesses Fund to the
3 Department. Such funds shall be appropriated to the
4 Department and shall only be used to assist victims and
5 witnesses in gang crime prosecutions and such assistance may
6 include any of the following:
7 (a) temporary living costs;
8 (b) moving expenses;
9 (c) closing costs on the sale of private residence;
10 (d) first month's rent;
11 (e) security deposits;
12 (f) apartment location assistance;
13 (g) other expenses which the Department considers
14 appropriate; and
15 (h) compensation for any loss of or injury to real
16 or personal property resulting from a gang crime to a
17 maximum of $5,000, subject to the following provisions:
18 (1) in the case of loss of property, the
19 amount of compensation shall be measured by the
20 replacement cost of similar or like property which
21 has been incurred by and which is substantiated by
22 the property owner,
23 (2) in the case of injury to property, the
24 amount of compensation shall be measured by the cost
25 of repair incurred and which can be substantiated by
26 the property owner,
27 (3) compensation under this provision is a
28 secondary source of compensation and shall be
29 reduced by any amount the property owner receives
30 from any other source as compensation for the loss
31 or injury, including, but not limited to, personal
32 insurance coverage,
33 (4) no compensation may be awarded if the
34 property owner was an offender or an accomplice of
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1 the offender, or if the award would unjustly benefit
2 the offender or offenders, or an accomplice of the
3 offender or offenders.
4 No victim or witness may receive such assistance if he or
5 she is not a part of or fails to fully cooperate in the
6 prosecution of gang crime members by law enforcement
7 authorities.
8 The Department shall promulgate any rules necessary for
9 the implementation of this amendatory Act of 1985.
10 17. To conduct arson investigations.
11 18. To develop a separate statewide statistical police
12 contact record keeping system for the study of juvenile
13 delinquency. The records of this police contact system shall
14 be limited to statistical information. No individually
15 identifiable information shall be maintained in the police
16 contact statistical record system.
17 19. To develop a separate statewide central adjudicatory
18 and dispositional records system for persons under 19 years
19 of age who have been adjudicated delinquent minors and to
20 make information available to local registered participating
21 police youth officers so that police youth officers will be
22 able to obtain rapid access to the juvenile's background from
23 other jurisdictions to the end that the police youth officers
24 can make appropriate dispositions which will best serve the
25 interest of the child and the community. Information
26 maintained in the adjudicatory and dispositional record
27 system shall be limited to the incidents or offenses for
28 which the minor was adjudicated delinquent by a court, and a
29 copy of the court's dispositional order. All individually
30 identifiable records in the adjudicatory and dispositional
31 records system shall be destroyed when the person reaches 19
32 years of age.
33 20. To develop rules which guarantee the confidentiality
34 of such individually identifiable adjudicatory and
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1 dispositional records except when used for the following:
2 (a) by authorized juvenile court personnel or the
3 State's Attorney in connection with proceedings under the
4 Juvenile Court Act of 1987; or
5 (b) inquiries from registered police youth
6 officers.
7 For the purposes of this Act "police youth officer" means
8 a member of a duly organized State, county or municipal
9 police force who is assigned by his or her Superintendent,
10 Sheriff or chief of police, as the case may be, to specialize
11 in youth problems.
12 21. To develop administrative rules and administrative
13 hearing procedures which allow a minor, his or her attorney,
14 and his or her parents or guardian access to individually
15 identifiable adjudicatory and dispositional records for the
16 purpose of determining or challenging the accuracy of the
17 records. Final administrative decisions shall be subject to
18 the provisions of the Administrative Review Law.
19 22. To charge, collect, and receive fees or moneys
20 equivalent to the cost of providing Department of State
21 Police personnel, equipment, and services to local
22 governmental agencies when explicitly requested by a local
23 governmental agency and pursuant to an intergovernmental
24 agreement as provided by this Section, other State agencies,
25 and federal agencies, including but not limited to fees or
26 moneys equivalent to the cost of providing dispatching
27 services, radio and radar repair, and training to local
28 governmental agencies on such terms and conditions as in the
29 judgment of the Director are in the best interest of the
30 State; and to establish, charge, collect and receive fees or
31 moneys based on the cost of providing responses to requests
32 for criminal history record information pursuant to positive
33 identification and any Illinois or federal law authorizing
34 access to some aspect of such information and to prescribe
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1 the form and manner for requesting and furnishing such
2 information to the requestor on such terms and conditions as
3 in the judgment of the Director are in the best interest of
4 the State, provided fees for requesting and furnishing
5 criminal history record information may be waived for
6 requests in the due administration of the criminal laws. The
7 Department may also charge, collect and receive fees or
8 moneys equivalent to the cost of providing electronic data
9 processing lines or related telecommunication services to
10 local governments, but only when such services can be
11 provided by the Department at a cost less than that
12 experienced by said local governments through other means.
13 All services provided by the Department shall be conducted
14 pursuant to contracts in accordance with the
15 Intergovernmental Cooperation Act, and all telecommunication
16 services shall be provided pursuant to the provisions of
17 Section 67.18 of this Code.
18 All fees received by the Department of State Police under
19 this Act or the Illinois Uniform Conviction Information Act
20 shall be deposited in a special fund in the State Treasury to
21 be known as the State Police Services Fund. The money
22 deposited in the State Police Services Fund shall be
23 appropriated to the Department of State Police for expenses
24 of the Department of State Police.
25 Upon the completion of any audit of the Department of
26 State Police as prescribed by the Illinois State Auditing
27 Act, which audit includes an audit of the State Police
28 Services Fund, the Department of State Police shall make the
29 audit open to inspection by any interested person.
30 23. To exercise the powers and perform the duties which
31 have been vested in the Department of State Police by the
32 Intergovernmental Missing Child Recovery Act of 1984, and to
33 establish reasonable rules and regulations necessitated
34 thereby.
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1 24. (a) To establish and maintain a statewide Law
2 Enforcement Agencies Data System (LEADS) for the purpose of
3 providing electronic access by authorized entities to
4 criminal justice data repositories and effecting an immediate
5 law enforcement response to reports of missing persons,
6 including lost, missing or runaway minors. The Department
7 shall implement an automatic data exchange system to compile,
8 to maintain and to make available to other law enforcement
9 agencies for immediate dissemination data which can assist
10 appropriate agencies in recovering missing persons and
11 provide access by authorized entities to various data
12 repositories available through LEADS for criminal justice and
13 related purposes. To assist the Department in this effort,
14 funds may be appropriated from the LEADS Maintenance Fund.
15 (b) In exercising its duties under this subsection, the
16 Department shall:
17 (1) provide a uniform reporting format for the
18 entry of pertinent information regarding the report of a
19 missing person into LEADS;
20 (2) develop and implement a policy whereby a
21 statewide or regional alert would be used in situations
22 relating to the disappearances of individuals, based on
23 criteria and in a format established by the Department.
24 Such a format shall include, but not be limited to, the
25 age of the missing person and the suspected circumstance
26 of the disappearance;
27 (3) notify all law enforcement agencies that
28 reports of missing persons shall be entered as soon as
29 the minimum level of data specified by the Department is
30 available to the reporting agency, and that no waiting
31 period for the entry of such data exists;
32 (4) compile and retain information regarding lost,
33 abducted, missing or runaway minors in a separate data
34 file, in a manner that allows such information to be used
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1 by law enforcement and other agencies deemed appropriate
2 by the Director, for investigative purposes. Such
3 information shall include the disposition of all reported
4 lost, abducted, missing or runaway minor cases;
5 (5) compile and maintain an historic data
6 repository relating to lost, abducted, missing or runaway
7 minors and other missing persons in order to develop and
8 improve techniques utilized by law enforcement agencies
9 when responding to reports of missing persons; and
10 (6) create a quality control program regarding
11 confirmation of missing person data, timeliness of
12 entries of missing person reports into LEADS and
13 performance audits of all entering agencies.
14 25. On request of a school board or regional
15 superintendent of schools, to conduct an inquiry pursuant to
16 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
17 an applicant for employment in a school district has been
18 convicted of any criminal or drug offenses enumerated in
19 Section 10-21.9 or 34-18.5 of the School Code. The
20 Department shall furnish such conviction information to the
21 President of the school board of the school district which
22 has requested the information, or if the information was
23 requested by the regional superintendent to that regional
24 superintendent.
25 26. To promulgate rules and regulations necessary for
26 the administration and enforcement of its powers and duties,
27 wherever granted and imposed, pursuant to the Illinois
28 Administrative Procedure Act.
29 27. To (a) promulgate rules pertaining to the
30 certification, revocation of certification and training of
31 law enforcement officers as electronic criminal surveillance
32 officers, (b) provide training and technical assistance to
33 State's Attorneys and local law enforcement agencies
34 pertaining to the interception of private oral
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1 communications, (c) promulgate rules necessary for the
2 administration of Article 108B of the Code of Criminal
3 Procedure of 1963, including but not limited to standards for
4 recording and minimization of electronic criminal
5 surveillance intercepts, documentation required to be
6 maintained during an intercept, procedures in relation to
7 evidence developed by an intercept, and (d) charge a
8 reasonable fee to each law enforcement agency that sends
9 officers to receive training as electronic criminal
10 surveillance officers.
11 28. Upon the request of any private organization which
12 devotes a major portion of its time to the provision of
13 recreational, social, educational or child safety services to
14 children, to conduct, pursuant to positive identification,
15 criminal background investigations of all of that
16 organization's current employees, current volunteers,
17 prospective employees or prospective volunteers charged with
18 the care and custody of children during the provision of the
19 organization's services, and to report to the requesting
20 organization any record of convictions maintained in the
21 Department's files about such persons. The Department shall
22 charge an application fee, based on actual costs, for the
23 dissemination of conviction information pursuant to this
24 subsection. The Department is empowered to establish this
25 fee and shall prescribe the form and manner for requesting
26 and furnishing conviction information pursuant to this
27 subsection. Information received by the organization from the
28 Department concerning an individual shall be provided to such
29 individual. Any such information obtained by the
30 organization shall be confidential and may not be transmitted
31 outside the organization and may not be transmitted to anyone
32 within the organization except as needed for the purpose of
33 evaluating the individual. Only information and standards
34 which bear a reasonable and rational relation to the
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1 performance of child care shall be used by the organization.
2 Any employee of the Department or any member, employee or
3 volunteer of the organization receiving confidential
4 information under this subsection who gives or causes to be
5 given any confidential information concerning any criminal
6 convictions of an individual shall be guilty of a Class A
7 misdemeanor unless release of such information is authorized
8 by this subsection.
9 29. Upon the request of the Department of Children and
10 Family Services, to investigate reports of child abuse or
11 neglect.
12 30. To obtain registration of a fictitious vital record
13 pursuant to Section 15.1 of the Vital Records Act.
14 31. To collect and disseminate information relating to
15 "hate crimes" as defined under Section 12-7.1 of the Criminal
16 Code of 1961 contingent upon the availability of State or
17 Federal funds to revise and upgrade the Illinois Uniform
18 Crime Reporting System. All law enforcement agencies shall
19 report monthly to the Department of State Police concerning
20 such offenses in such form and in such manner as may be
21 prescribed by rules and regulations adopted by the Department
22 of State Police. Such information shall be compiled by the
23 Department and be disseminated upon request to any local law
24 enforcement agency, unit of local government, or state
25 agency. Dissemination of such information shall be subject
26 to all confidentiality requirements otherwise imposed by law.
27 The Department of State Police shall provide training for
28 State Police officers in identifying, responding to, and
29 reporting all hate crimes. The Illinois Local Governmental
30 Law Enforcement Officer's Training Standards Board shall
31 develop and certify a course of such training to be made
32 available to local law enforcement officers.
33 32. Upon the request of a private carrier company that
34 provides transportation under Section 28b of the Metropolitan
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1 Transit Authority Act, to ascertain if an applicant for a
2 driver position has been convicted of any criminal or drug
3 offense enumerated in Section 28b of the Metropolitan Transit
4 Authority Act. The Department shall furnish the conviction
5 information to the private carrier company that requested the
6 information.
7 33. To apply for grants or contracts, receive, expend,
8 allocate, or disburse funds and moneys made available by
9 public or private entities, including, but not limited to,
10 contracts, bequests, grants, or receiving equipment from
11 corporations, foundations, or public or private institutions
12 of higher learning. All funds received by the Department
13 from these sources shall be deposited into the appropriate
14 fund in the State Treasury to be appropriated to the
15 Department for purposes as indicated by the grantor or
16 contractor or, in the case of funds or moneys bequeathed or
17 granted for no specific purpose, for any purpose as deemed
18 appropriate by the Director in administering the
19 responsibilities of the Department.
20 34. Upon the request of the Department of Children and
21 Family Services, the Department of State Police shall provide
22 properly designated employees of the Department of Children
23 and Family Services with criminal history record information
24 as defined in the Illinois Uniform Conviction Information Act
25 and information maintained in the adjudicatory and
26 dispositional record system as defined in subdivision (A)19
27 of this Section if the Department of Children and Family
28 Services determines the information is necessary to perform
29 its duties under the Abused and Neglected Child Reporting
30 Act, the Child Care Act of 1969, and the Children and Family
31 Services Act. The request shall be in the form and manner
32 specified by the Department of State Police.
33 35. The Illinois Department of Public Aid is an
34 authorized entity under this Section for the purpose of
-37- LRB9103127MWpcam
1 obtaining access to various data repositories available
2 through LEADS, to facilitate the location of individuals for
3 establishing paternity, and establishing, modifying, and
4 enforcing child support obligations, pursuant to the Illinois
5 Public Aid Code and Title IV, Part D of the Social Security
6 Act. The Department shall enter into an agreement with the
7 Illinois Department of Public Aid consistent with these
8 purposes.
9 36. Upon request of the Department of Human Services, to
10 conduct an assessment and evaluation of sexually violent
11 persons as mandated by the Sexually Violent Persons
12 Commitment Act, the Department shall furnish criminal history
13 information maintained on the requested person. The request
14 shall be in the form and manner specified by the Department.
15 37. To exercise the powers and perform the duties
16 specifically assigned to the Department under the Wireless
17 Emergency Telephone Safety Act with respect to the
18 development and improvement of emergency communications
19 procedures and facilities in such a manner as to facilitate a
20 quick response to any person calling the number "9-1-1"
21 seeking police, fire, medical, or other emergency services
22 through a wireless carrier as defined in Section 10 of the
23 Wireless Emergency Telephone Safety Act. Nothing in the
24 Wireless Emergency Telephone Safety Act shall require the
25 Illinois State Police to provide wireless enhanced 9-1-1
26 services.
27 (B) The Department of State Police may establish and
28 maintain, within the Department of State Police, a Statewide
29 Organized Criminal Gang Database (SWORD) for the purpose of
30 tracking organized criminal gangs and their memberships.
31 Information in the database may include, but not be limited
32 to, the name, last known address, birth date, physical
33 descriptions (such as scars, marks, or tattoos), officer
34 safety information, organized gang affiliation, and entering
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1 agency identifier. The Department may develop, in
2 consultation with the Criminal Justice Information Authority,
3 and in a form and manner prescribed by the Department, an
4 automated data exchange system to compile, to maintain, and
5 to make this information electronically available to
6 prosecutors and to other law enforcement agencies. The
7 information may be used by authorized agencies to combat the
8 operations of organized criminal gangs statewide.
9 (C) The Department of State Police may ascertain the
10 number of bilingual police officers and other personnel
11 needed to provide services in a language other than English
12 and may establish, under applicable personnel rules and
13 Department guidelines or through a collective bargaining
14 agreement, a bilingual pay supplement program.
15 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
16 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
17 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
18 (Text of Section after amendment by P.A. 90-590)
19 Sec. 55a. Powers and duties.
20 (A) The Department of State Police shall have the
21 following powers and duties, and those set forth in Sections
22 55a-1 through 55c:
23 1. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the State
25 Police Act.
26 2. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the State
28 Police Radio Act.
29 3. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the
31 Criminal Identification Act.
32 4. To (a) investigate the origins, activities, personnel
33 and incidents of crime and the ways and means to redress the
34 victims of crimes, and study the impact, if any, of
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1 legislation relative to the effusion of crime and growing
2 crime rates, and enforce the criminal laws of this State
3 related thereto, (b) enforce all laws regulating the
4 production, sale, prescribing, manufacturing, administering,
5 transporting, having in possession, dispensing, delivering,
6 distributing, or use of controlled substances and cannabis,
7 (c) employ skilled experts, scientists, technicians,
8 investigators or otherwise specially qualified persons to aid
9 in preventing or detecting crime, apprehending criminals, or
10 preparing and presenting evidence of violations of the
11 criminal laws of the State, (d) cooperate with the police of
12 cities, villages and incorporated towns, and with the police
13 officers of any county, in enforcing the laws of the State
14 and in making arrests and recovering property, (e) apprehend
15 and deliver up any person charged in this State or any other
16 State of the United States with treason, felony, or other
17 crime, who has fled from justice and is found in this State,
18 and (f) conduct such other investigations as may be provided
19 by law. Persons exercising these powers within the Department
20 are conservators of the peace and as such have all the powers
21 possessed by policemen in cities and sheriffs, except that
22 they may exercise such powers anywhere in the State in
23 cooperation with and after contact with the local law
24 enforcement officials. Such persons may use false or
25 fictitious names in the performance of their duties under
26 this paragraph, upon approval of the Director, and shall not
27 be subject to prosecution under the criminal laws for such
28 use.
29 5. To: (a) be a central repository and custodian of
30 criminal statistics for the State, (b) be a central
31 repository for criminal history record information, (c)
32 procure and file for record such information as is necessary
33 and helpful to plan programs of crime prevention, law
34 enforcement and criminal justice, (d) procure and file for
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1 record such copies of fingerprints, as may be required by
2 law, (e) establish general and field crime laboratories, (f)
3 register and file for record such information as may be
4 required by law for the issuance of firearm owner's
5 identification cards, (g) employ polygraph operators,
6 laboratory technicians and other specially qualified persons
7 to aid in the identification of criminal activity, and (h)
8 undertake such other identification, information, laboratory,
9 statistical or registration activities as may be required by
10 law.
11 6. To (a) acquire and operate one or more radio
12 broadcasting stations in the State to be used for police
13 purposes, (b) operate a statewide communications network to
14 gather and disseminate information for law enforcement
15 agencies, (c) operate an electronic data processing and
16 computer center for the storage and retrieval of data
17 pertaining to criminal activity, and (d) undertake such other
18 communication activities as may be required by law.
19 7. To provide, as may be required by law, assistance to
20 local law enforcement agencies through (a) training,
21 management and consultant services for local law enforcement
22 agencies, and (b) the pursuit of research and the publication
23 of studies pertaining to local law enforcement activities.
24 8. To exercise the rights, powers and duties which have
25 been vested in the Department of State Police and the
26 Director of the Department of State Police by the Narcotic
27 Control Division Abolition Act.
28 9. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the
30 Illinois Vehicle Code.
31 10. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the Firearm
33 Owners Identification Card Act.
34 11. To enforce and administer such other laws in
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1 relation to law enforcement as may be vested in the
2 Department.
3 12. To transfer jurisdiction of any realty title to
4 which is held by the State of Illinois under the control of
5 the Department to any other department of the State
6 government or to the State Employees Housing Commission, or
7 to acquire or accept Federal land, when such transfer,
8 acquisition or acceptance is advantageous to the State and is
9 approved in writing by the Governor.
10 13. With the written approval of the Governor, to enter
11 into agreements with other departments created by this Act,
12 for the furlough of inmates of the penitentiary to such other
13 departments for their use in research programs being
14 conducted by them.
15 For the purpose of participating in such research
16 projects, the Department may extend the limits of any
17 inmate's place of confinement, when there is reasonable cause
18 to believe that the inmate will honor his or her trust by
19 authorizing the inmate, under prescribed conditions, to leave
20 the confines of the place unaccompanied by a custodial agent
21 of the Department. The Department shall make rules governing
22 the transfer of the inmate to the requesting other department
23 having the approved research project, and the return of such
24 inmate to the unextended confines of the penitentiary. Such
25 transfer shall be made only with the consent of the inmate.
26 The willful failure of a prisoner to remain within the
27 extended limits of his or her confinement or to return within
28 the time or manner prescribed to the place of confinement
29 designated by the Department in granting such extension shall
30 be deemed an escape from custody of the Department and
31 punishable as provided in Section 3-6-4 of the Unified Code
32 of Corrections.
33 14. To provide investigative services, with all of the
34 powers possessed by policemen in cities and sheriffs, in and
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1 around all race tracks subject to the Horse Racing Act of
2 1975.
3 15. To expend such sums as the Director deems necessary
4 from Contractual Services appropriations for the Division of
5 Criminal Investigation for the purchase of evidence and for
6 the employment of persons to obtain evidence. Such sums shall
7 be advanced to agents authorized by the Director to expend
8 funds, on vouchers signed by the Director.
9 16. To assist victims and witnesses in gang crime
10 prosecutions through the administration of funds appropriated
11 from the Gang Violence Victims and Witnesses Fund to the
12 Department. Such funds shall be appropriated to the
13 Department and shall only be used to assist victims and
14 witnesses in gang crime prosecutions and such assistance may
15 include any of the following:
16 (a) temporary living costs;
17 (b) moving expenses;
18 (c) closing costs on the sale of private residence;
19 (d) first month's rent;
20 (e) security deposits;
21 (f) apartment location assistance;
22 (g) other expenses which the Department considers
23 appropriate; and
24 (h) compensation for any loss of or injury to real
25 or personal property resulting from a gang crime to a
26 maximum of $5,000, subject to the following provisions:
27 (1) in the case of loss of property, the
28 amount of compensation shall be measured by the
29 replacement cost of similar or like property which
30 has been incurred by and which is substantiated by
31 the property owner,
32 (2) in the case of injury to property, the
33 amount of compensation shall be measured by the cost
34 of repair incurred and which can be substantiated by
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1 the property owner,
2 (3) compensation under this provision is a
3 secondary source of compensation and shall be
4 reduced by any amount the property owner receives
5 from any other source as compensation for the loss
6 or injury, including, but not limited to, personal
7 insurance coverage,
8 (4) no compensation may be awarded if the
9 property owner was an offender or an accomplice of
10 the offender, or if the award would unjustly benefit
11 the offender or offenders, or an accomplice of the
12 offender or offenders.
13 No victim or witness may receive such assistance if he or
14 she is not a part of or fails to fully cooperate in the
15 prosecution of gang crime members by law enforcement
16 authorities.
17 The Department shall promulgate any rules necessary for
18 the implementation of this amendatory Act of 1985.
19 17. To conduct arson investigations.
20 18. To develop a separate statewide statistical police
21 contact record keeping system for the study of juvenile
22 delinquency. The records of this police contact system shall
23 be limited to statistical information. No individually
24 identifiable information shall be maintained in the police
25 contact statistical record system.
26 19. To develop a separate statewide central juvenile
27 records system for persons arrested prior to the age of 17
28 under Section 5-401 of the Juvenile Court Act of 1987 or
29 adjudicated delinquent minors and to make information
30 available to local law enforcement officers so that law
31 enforcement officers will be able to obtain rapid access to
32 the background of the minor from other jurisdictions to the
33 end that the juvenile police officers can make appropriate
34 decisions which will best serve the interest of the child and
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1 the community. The Department shall submit a quarterly
2 report to the General Assembly and Governor which shall
3 contain the number of juvenile records that the Department
4 has received in that quarter and, a list, by category, of
5 offenses that minors were arrested for or convicted of by
6 age, race and gender.
7 20. To develop rules which guarantee the confidentiality
8 of such individually identifiable juvenile records except to
9 juvenile authorities who request information concerning the
10 minor and who certify in writing that the information will
11 not be disclosed to any other party except as provided under
12 law or order of court. For purposes of this Section,
13 "juvenile authorities" means: (i) a judge of the circuit
14 court and members of the staff of the court designated by the
15 judge; (ii) parties to the proceedings under the Juvenile
16 Court Act of 1987 and their attorneys; (iii) probation
17 officers and court appointed advocates for the juvenile
18 authorized by the judge hearing the case; (iv) any individual
19 or, public or of private agency having custody of the child
20 pursuant to court order; (v) any individual or, public or
21 private agency providing education, medical or mental health
22 service to the child when the requested information is needed
23 to determine the appropriate service or treatment for the
24 minor; (vi) any potential placement provider when such
25 release is authorized by the court for the limited purpose of
26 determining the appropriateness of the potential placement;
27 (vii) law enforcement officers and prosecutors; (viii) adult
28 and juvenile prisoner review boards; (ix) authorized military
29 personnel; (x) individuals authorized by court; (xi) the
30 Illinois General Assembly or any committee or commission
31 thereof.
32 21. To develop administrative rules and administrative
33 hearing procedures which allow a minor, his or her attorney,
34 and his or her parents or guardian access to individually
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1 identifiable juvenile records for the purpose of determining
2 or challenging the accuracy of the records. Final
3 administrative decisions shall be subject to the provisions
4 of the Administrative Review Law.
5 22. To charge, collect, and receive fees or moneys
6 equivalent to the cost of providing Department of State
7 Police personnel, equipment, and services to local
8 governmental agencies when explicitly requested by a local
9 governmental agency and pursuant to an intergovernmental
10 agreement as provided by this Section, other State agencies,
11 and federal agencies, including but not limited to fees or
12 moneys equivalent to the cost of providing dispatching
13 services, radio and radar repair, and training to local
14 governmental agencies on such terms and conditions as in the
15 judgment of the Director are in the best interest of the
16 State; and to establish, charge, collect and receive fees or
17 moneys based on the cost of providing responses to requests
18 for criminal history record information pursuant to positive
19 identification and any Illinois or federal law authorizing
20 access to some aspect of such information and to prescribe
21 the form and manner for requesting and furnishing such
22 information to the requestor on such terms and conditions as
23 in the judgment of the Director are in the best interest of
24 the State, provided fees for requesting and furnishing
25 criminal history record information may be waived for
26 requests in the due administration of the criminal laws. The
27 Department may also charge, collect and receive fees or
28 moneys equivalent to the cost of providing electronic data
29 processing lines or related telecommunication services to
30 local governments, but only when such services can be
31 provided by the Department at a cost less than that
32 experienced by said local governments through other means.
33 All services provided by the Department shall be conducted
34 pursuant to contracts in accordance with the
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1 Intergovernmental Cooperation Act, and all telecommunication
2 services shall be provided pursuant to the provisions of
3 Section 67.18 of this Code.
4 All fees received by the Department of State Police under
5 this Act or the Illinois Uniform Conviction Information Act
6 shall be deposited in a special fund in the State Treasury to
7 be known as the State Police Services Fund. The money
8 deposited in the State Police Services Fund shall be
9 appropriated to the Department of State Police for expenses
10 of the Department of State Police.
11 Upon the completion of any audit of the Department of
12 State Police as prescribed by the Illinois State Auditing
13 Act, which audit includes an audit of the State Police
14 Services Fund, the Department of State Police shall make the
15 audit open to inspection by any interested person.
16 23. To exercise the powers and perform the duties which
17 have been vested in the Department of State Police by the
18 Intergovernmental Missing Child Recovery Act of 1984, and to
19 establish reasonable rules and regulations necessitated
20 thereby.
21 24. (a) To establish and maintain a statewide Law
22 Enforcement Agencies Data System (LEADS) for the purpose of
23 providing electronic access by authorized entities to
24 criminal justice data repositories and effecting an immediate
25 law enforcement response to reports of missing persons,
26 including lost, missing or runaway minors. The Department
27 shall implement an automatic data exchange system to compile,
28 to maintain and to make available to other law enforcement
29 agencies for immediate dissemination data which can assist
30 appropriate agencies in recovering missing persons and
31 provide access by authorized entities to various data
32 repositories available through LEADS for criminal justice and
33 related purposes. To assist the Department in this effort,
34 funds may be appropriated from the LEADS Maintenance Fund.
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1 (b) In exercising its duties under this subsection, the
2 Department shall:
3 (1) provide a uniform reporting format for the
4 entry of pertinent information regarding the report of a
5 missing person into LEADS;
6 (2) develop and implement a policy whereby a
7 statewide or regional alert would be used in situations
8 relating to the disappearances of individuals, based on
9 criteria and in a format established by the Department.
10 Such a format shall include, but not be limited to, the
11 age of the missing person and the suspected circumstance
12 of the disappearance;
13 (3) notify all law enforcement agencies that
14 reports of missing persons shall be entered as soon as
15 the minimum level of data specified by the Department is
16 available to the reporting agency, and that no waiting
17 period for the entry of such data exists;
18 (4) compile and retain information regarding lost,
19 abducted, missing or runaway minors in a separate data
20 file, in a manner that allows such information to be used
21 by law enforcement and other agencies deemed appropriate
22 by the Director, for investigative purposes. Such
23 information shall include the disposition of all reported
24 lost, abducted, missing or runaway minor cases;
25 (5) compile and maintain an historic data
26 repository relating to lost, abducted, missing or runaway
27 minors and other missing persons in order to develop and
28 improve techniques utilized by law enforcement agencies
29 when responding to reports of missing persons; and
30 (6) create a quality control program regarding
31 confirmation of missing person data, timeliness of
32 entries of missing person reports into LEADS and
33 performance audits of all entering agencies.
34 25. On request of a school board or regional
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1 superintendent of schools, to conduct an inquiry pursuant to
2 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
3 an applicant for employment in a school district has been
4 convicted of any criminal or drug offenses enumerated in
5 Section 10-21.9 or 34-18.5 of the School Code. The
6 Department shall furnish such conviction information to the
7 President of the school board of the school district which
8 has requested the information, or if the information was
9 requested by the regional superintendent to that regional
10 superintendent.
11 26. To promulgate rules and regulations necessary for
12 the administration and enforcement of its powers and duties,
13 wherever granted and imposed, pursuant to the Illinois
14 Administrative Procedure Act.
15 27. To (a) promulgate rules pertaining to the
16 certification, revocation of certification and training of
17 law enforcement officers as electronic criminal surveillance
18 officers, (b) provide training and technical assistance to
19 State's Attorneys and local law enforcement agencies
20 pertaining to the interception of private oral
21 communications, (c) promulgate rules necessary for the
22 administration of Article 108B of the Code of Criminal
23 Procedure of 1963, including but not limited to standards for
24 recording and minimization of electronic criminal
25 surveillance intercepts, documentation required to be
26 maintained during an intercept, procedures in relation to
27 evidence developed by an intercept, and (d) charge a
28 reasonable fee to each law enforcement agency that sends
29 officers to receive training as electronic criminal
30 surveillance officers.
31 28. Upon the request of any private organization which
32 devotes a major portion of its time to the provision of
33 recreational, social, educational or child safety services to
34 children, to conduct, pursuant to positive identification,
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1 criminal background investigations of all of that
2 organization's current employees, current volunteers,
3 prospective employees or prospective volunteers charged with
4 the care and custody of children during the provision of the
5 organization's services, and to report to the requesting
6 organization any record of convictions maintained in the
7 Department's files about such persons. The Department shall
8 charge an application fee, based on actual costs, for the
9 dissemination of conviction information pursuant to this
10 subsection. The Department is empowered to establish this
11 fee and shall prescribe the form and manner for requesting
12 and furnishing conviction information pursuant to this
13 subsection. Information received by the organization from the
14 Department concerning an individual shall be provided to such
15 individual. Any such information obtained by the
16 organization shall be confidential and may not be transmitted
17 outside the organization and may not be transmitted to anyone
18 within the organization except as needed for the purpose of
19 evaluating the individual. Only information and standards
20 which bear a reasonable and rational relation to the
21 performance of child care shall be used by the organization.
22 Any employee of the Department or any member, employee or
23 volunteer of the organization receiving confidential
24 information under this subsection who gives or causes to be
25 given any confidential information concerning any criminal
26 convictions of an individual shall be guilty of a Class A
27 misdemeanor unless release of such information is authorized
28 by this subsection.
29 29. Upon the request of the Department of Children and
30 Family Services, to investigate reports of child abuse or
31 neglect.
32 30. To obtain registration of a fictitious vital record
33 pursuant to Section 15.1 of the Vital Records Act.
34 31. To collect and disseminate information relating to
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1 "hate crimes" as defined under Section 12-7.1 of the Criminal
2 Code of 1961 contingent upon the availability of State or
3 Federal funds to revise and upgrade the Illinois Uniform
4 Crime Reporting System. All law enforcement agencies shall
5 report monthly to the Department of State Police concerning
6 such offenses in such form and in such manner as may be
7 prescribed by rules and regulations adopted by the Department
8 of State Police. Such information shall be compiled by the
9 Department and be disseminated upon request to any local law
10 enforcement agency, unit of local government, or state
11 agency. Dissemination of such information shall be subject
12 to all confidentiality requirements otherwise imposed by law.
13 The Department of State Police shall provide training for
14 State Police officers in identifying, responding to, and
15 reporting all hate crimes. The Illinois Law Enforcement
16 Training Standards Board shall develop and certify a course
17 of such training to be made available to local law
18 enforcement officers.
19 32. Upon the request of a private carrier company that
20 provides transportation under Section 28b of the Metropolitan
21 Transit Authority Act, to ascertain if an applicant for a
22 driver position has been convicted of any criminal or drug
23 offense enumerated in Section 28b of the Metropolitan Transit
24 Authority Act. The Department shall furnish the conviction
25 information to the private carrier company that requested the
26 information.
27 33. To apply for grants or contracts, receive, expend,
28 allocate, or disburse funds and moneys made available by
29 public or private entities, including, but not limited to,
30 contracts, bequests, grants, or receiving equipment from
31 corporations, foundations, or public or private institutions
32 of higher learning. All funds received by the Department
33 from these sources shall be deposited into the appropriate
34 fund in the State Treasury to be appropriated to the
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1 Department for purposes as indicated by the grantor or
2 contractor or, in the case of funds or moneys bequeathed or
3 granted for no specific purpose, for any purpose as deemed
4 appropriate by the Director in administering the
5 responsibilities of the Department.
6 34. Upon the request of the Department of Children and
7 Family Services, the Department of State Police shall provide
8 properly designated employees of the Department of Children
9 and Family Services with criminal history record information
10 as defined in the Illinois Uniform Conviction Information Act
11 and information maintained in the Statewide Central Juvenile
12 record system as defined in subdivision (A)19 of this Section
13 if the Department of Children and Family Services determines
14 the information is necessary to perform its duties under the
15 Abused and Neglected Child Reporting Act, the Child Care Act
16 of 1969, and the Children and Family Services Act. The
17 request shall be in the form and manner specified by the
18 Department of State Police.
19 35. The Illinois Department of Public Aid is an
20 authorized entity under this Section for the purpose of
21 exchanging information, in the form and manner required by
22 the Department of State Police, obtaining access to various
23 data repositories available through LEADS, to facilitate the
24 location of individuals for establishing paternity, and
25 establishing, modifying, and enforcing child support
26 obligations, pursuant to the Illinois Public Aid Code and
27 Title IV, Part Section D of the Social Security Act. The
28 Department shall enter into an agreement with the Illinois
29 Department of Public Aid consistent with these purposes.
30 36. Upon request of the Department of Human Services, to
31 conduct an assessment and evaluation of sexually violent
32 persons as mandated by the Sexually Violent Persons
33 Commitment Act, the Department shall furnish criminal history
34 information maintained on the requested person. The request
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1 shall be in the form and manner specified by the Department.
2 37. To exercise the powers and perform the duties
3 specifically assigned to the Department under the Wireless
4 Emergency Telephone Safety Act with respect to the
5 development and improvement of emergency communications
6 procedures and facilities in such a manner as to facilitate a
7 quick response to any person calling the number "9-1-1"
8 seeking police, fire, medical, or other emergency services
9 through a wireless carrier as defined in Section 10 of the
10 Wireless Emergency Telephone Safety Act. Nothing in the
11 Wireless Emergency Telephone Safety Act shall require the
12 Illinois State Police to provide wireless enhanced 9-1-1
13 services.
14 (B) The Department of State Police may establish and
15 maintain, within the Department of State Police, a Statewide
16 Organized Criminal Gang Database (SWORD) for the purpose of
17 tracking organized criminal gangs and their memberships.
18 Information in the database may include, but not be limited
19 to, the name, last known address, birth date, physical
20 descriptions (such as scars, marks, or tattoos), officer
21 safety information, organized gang affiliation, and entering
22 agency identifier. The Department may develop, in
23 consultation with the Criminal Justice Information Authority,
24 and in a form and manner prescribed by the Department, an
25 automated data exchange system to compile, to maintain, and
26 to make this information electronically available to
27 prosecutors and to other law enforcement agencies. The
28 information may be used by authorized agencies to combat the
29 operations of organized criminal gangs statewide.
30 (C) The Department of State Police may ascertain the
31 number of bilingual police officers and other personnel
32 needed to provide services in a language other than English
33 and may establish, under applicable personnel rules and
34 Department guidelines or through a collective bargaining
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1 agreement, a bilingual pay supplement program.
2 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
3 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
4 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
5 1-21-99.)
6 Section 810. The State Finance Act is amended by adding
7 Sections 5.490, 5.491, and 8.36 as follows:
8 (30 ILCS 105/5.490 new)
9 Sec. 5.490. State Wireless Service Emergency Fund.
10 (30 ILCS 105/5.491 new)
11 Sec. 5.491. Wireless Enhanced 9-1-1 Emergency System
12 Trust Fund.
13 (30 ILCS 105/8.36 new)
14 Sec. 8.36. State Wireless Service Emergency Fund.
15 (a) Appropriations from the State Wireless Service
16 Emergency Fund shall be made only to the Department of State
17 Police for use in accordance with paragraph (8) of subsection
18 (d) of Section 15 of the Wireless Emergency Telephone Safety
19 Act.
20 (b) On July 1, 1999, the State Comptroller and State
21 Treasurer shall transfer $1,300,000 from the General Revenue
22 Fund to the Wireless Service Emergency Fund. On June 30,
23 2003 the State Comptroller and State Treasurer shall transfer
24 $1,300,000 from the Wireless Service Emergency Fund to the
25 General Revenue Fund.
26 Section 995. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 999. Effective date. This Act takes effect upon
5 becoming law.".