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92_HB1029eng HB1029 Engrossed LRB9206336JMcs 1 AN ACT concerning the media. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Section 2 as follows: 6 (5 ILCS 140/2) (from Ch. 116, par. 202) 7 (Text of Section before amendment by P.A. 91-935) 8 Sec. 2. Definitions. As used in this Act: 9 (a) "Public body" means any legislative, executive, 10 administrative, or advisory bodies of the State, state 11 universities and colleges, counties, townships, cities, 12 villages, incorporated towns, school districts and all other 13 municipal corporations, boards, bureaus, committees, or 14 commissions of this State, and any subsidiary bodies of any 15 of the foregoing including but not limited to committees and 16 subcommittees which are supported in whole or in part by tax 17 revenue, or which expend tax revenue. "Public body" does not 18 include a child death review team established under the Child 19 Death Review Team Act. 20 (b) "Person" means any individual, corporation, 21 partnership, firm, organization or association, acting 22 individually or as a group. 23 (c) "Public records" means all records, reports, forms, 24 writings, letters, memoranda, books, papers, maps, 25 photographs, microfilms, cards, tapes, recordings, electronic 26 data processing records, recorded information and all other 27 documentary materials, regardless of physical form or 28 characteristics, having been prepared, or having been or 29 being used, received, possessed or under the control of any 30 public body. "Public records" includes, but is expressly not 31 limited to: (i) administrative manuals, procedural rules, HB1029 Engrossed -2- LRB9206336JMcs 1 and instructions to staff, unless exempted by Section 7(p) of 2 this Act; (ii) final opinions and orders made in the 3 adjudication of cases, except an educational institution's 4 adjudication of student or employee grievance or disciplinary 5 cases; (iii) substantive rules; (iv) statements and 6 interpretations of policy which have been adopted by a public 7 body; (v) final planning policies, recommendations, and 8 decisions; (vi) factual reports, inspection reports, and 9 studies whether prepared by or for the public body; (vii) all 10 information in any account, voucher, or contract dealing with 11 the receipt or expenditure of public or other funds of public 12 bodies; (viii) the names, salaries, titles, and dates of 13 employment of all employees and officers of public bodies; 14 (ix) materials containing opinions concerning the rights of 15 the state, the public, a subdivision of state or a local 16 government, or of any private persons; (x) the name of every 17 official and the final records of voting in all proceedings 18 of public bodies; (xi) applications for any contract, permit, 19 grant, or agreement except as exempted from disclosure by 20 subsection (g) of Section 7 of this Act; (xii) each report, 21 document, study, or publication prepared by independent 22 consultants or other independent contractors for the public 23 body; (xiii) all other information required by law to be made 24 available for public inspection or copying; (xiv) information 25 relating to any grant or contract made by or between a public 26 body and another public body or private organization; (xv) 27 waiver documents filed with the State Superintendent of 28 Education or the president of the University of Illinois 29 under Section 30-12.5 of the School Code, concerning nominees 30 for General Assembly scholarships under Sections 30-9, 30-10, 31 and 30-11 of the School Code and (xvi) complaints, results of 32 complaints, and Department of Children and Family Services 33 staff findings of licensing violations at day care 34 facilities, provided that personal and identifying HB1029 Engrossed -3- LRB9206336JMcs 1 information is not released. 2 (d) "Copying" means the reproduction of any public 3 record by means of any photographic, electronic, mechanical 4 or other process, device or means. 5 (e) "Head of the public body" means the president, 6 mayor, chairman, presiding officer, director, superintendent, 7 manager, supervisor or individual otherwise holding primary 8 executive and administrative authority for the public body, 9 or such person's duly authorized designee. 10 (f) "News media" means a newspaper or other periodical 11 issued at regular intervals whether in print or electronic 12 format, a news service whether in print or electronic format, 13 a radio station, a television station, a television network, 14 a community antenna television service, or a person or 15 corporation engaged in making news reels or other motion 16 picture news for public showing. 17 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97; 18 90-670, eff. 7-31-98.) 19 (Text of Section after amendment by P.A. 91-935) 20 Sec. 2. Definitions. As used in this Act: 21 (a) "Public body" means any legislative, executive, 22 administrative, or advisory bodies of the State, state 23 universities and colleges, counties, townships, cities, 24 villages, incorporated towns, school districts and all other 25 municipal corporations, boards, bureaus, committees, or 26 commissions of this State, and any subsidiary bodies of any 27 of the foregoing including but not limited to committees and 28 subcommittees which are supported in whole or in part by tax 29 revenue, or which expend tax revenue. "Public body" does not 30 include a child death review team established under the Child 31 Death Review Team Act. 32 (b) "Person" means any individual, corporation, 33 partnership, firm, organization or association, acting 34 individually or as a group. HB1029 Engrossed -4- LRB9206336JMcs 1 (c) "Public records" means all records, reports, forms, 2 writings, letters, memoranda, books, papers, maps, 3 photographs, microfilms, cards, tapes, recordings, electronic 4 data processing records, recorded information and all other 5 documentary materials, regardless of physical form or 6 characteristics, having been prepared, or having been or 7 being used, received, possessed or under the control of any 8 public body. "Public records" includes, but is expressly not 9 limited to: (i) administrative manuals, procedural rules, 10 and instructions to staff, unless exempted by Section 7(p) of 11 this Act; (ii) final opinions and orders made in the 12 adjudication of cases, except an educational institution's 13 adjudication of student or employee grievance or disciplinary 14 cases; (iii) substantive rules; (iv) statements and 15 interpretations of policy which have been adopted by a public 16 body; (v) final planning policies, recommendations, and 17 decisions; (vi) factual reports, inspection reports, and 18 studies whether prepared by or for the public body; (vii) all 19 information in any account, voucher, or contract dealing with 20 the receipt or expenditure of public or other funds of public 21 bodies; (viii) the names, salaries, titles, and dates of 22 employment of all employees and officers of public bodies; 23 (ix) materials containing opinions concerning the rights of 24 the state, the public, a subdivision of state or a local 25 government, or of any private persons; (x) the name of every 26 official and the final records of voting in all proceedings 27 of public bodies; (xi) applications for any contract, permit, 28 grant, or agreement except as exempted from disclosure by 29 subsection (g) of Section 7 of this Act; (xii) each report, 30 document, study, or publication prepared by independent 31 consultants or other independent contractors for the public 32 body; (xiii) all other information required by law to be made 33 available for public inspection or copying; (xiv) information 34 relating to any grant or contract made by or between a public HB1029 Engrossed -5- LRB9206336JMcs 1 body and another public body or private organization; (xv) 2 waiver documents filed with the State Superintendent of 3 Education or the president of the University of Illinois 4 under Section 30-12.5 of the School Code, concerning nominees 5 for General Assembly scholarships under Sections 30-9, 30-10, 6 and 30-11 of the School Code; (xvi) complaints, results of 7 complaints, and Department of Children and Family Services 8 staff findings of licensing violations at day care 9 facilities, provided that personal and identifying 10 information is not released; and (xvii) records, reports, 11 forms, writings, letters, memoranda, books, papers, and other 12 documentary information, regardless of physical form or 13 characteristics, having been prepared, or having been or 14 being used, received, possessed, or under the control of the 15 Illinois Sports Facilities Authority dealing with the receipt 16 or expenditure of public funds or other funds of the 17 Authority in connection with the reconstruction, renovation, 18 remodeling, extension, or improvement of all or substantially 19 all of an existing "facility" as that term is defined in the 20 Illinois Sports Facilities Authority Act. 21 (d) "Copying" means the reproduction of any public 22 record by means of any photographic, electronic, mechanical 23 or other process, device or means. 24 (e) "Head of the public body" means the president, 25 mayor, chairman, presiding officer, director, superintendent, 26 manager, supervisor or individual otherwise holding primary 27 executive and administrative authority for the public body, 28 or such person's duly authorized designee. 29 (f) "News media" means a newspaper or other periodical 30 issued at regular intervals whether in print or electronic 31 format, a news service whether in print or electronic format, 32 a radio station, a television station, a television network, 33 a community antenna television service, or a person or 34 corporation engaged in making news reels or other motion HB1029 Engrossed -6- LRB9206336JMcs 1 picture news for public showing. 2 (Source: P.A. 90-144, eff. 7-23-97; 90-670, eff. 7-31-98; 3 91-935, eff. 6-1-01.) 4 Section 10. The State Records Act is amended by changing 5 Section 4a as follows: 6 (5 ILCS 160/4a) 7 Sec. 4a. Arrest reports. 8 (a) When an individual is arrested, the following 9 information must be made available to the news media for 10 inspection and copying: 11 (1) Information that identifies the individual 12person, including the name, age, address, and photograph, 13 when and if available. 14 (2) Information detailing any charges relating to 15 the arrest. 16 (3) The time and location of the arrest. 17 (4) The name of the investigating or arresting law 18 enforcement agency. 19 (5) If the individual is incarcerated, the amount 20 of any bail or bond. 21 (6) If the individual is incarcerated, the time and 22 date that the individual was received, discharged, or 23 transferred from the arresting agency's custody. 24 (b) The information required by this Section must be 25 made available to the news media for inspection and copying 26 as soon as practicable, but in no event shall the time period 27 exceed 72 hours from the arrest. The information described 28 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 29 subsection (a), however, may be withheld if it is determined 30 that disclosure would: 31 (1) interfere with pending or actually and 32 reasonably contemplated law enforcement proceedings HB1029 Engrossed -7- LRB9206336JMcs 1 conducted by any law enforcement or correctional agency; 2 (2) endanger the life or physical safety of law 3 enforcement or correctional personnel or any other 4 person; or 5 (3) compromise the security of any correctional 6 facility. 7 (c) For the purposes of this Section, the term "news 8 media" means personnel of a newspaper or other periodical 9 issued at regular intervals whether in print or electronic 10 format, a news service whether in print or electronic format, 11 a radio station, a television station, a television network, 12 a community antenna television service, or a person or 13 corporation engaged in making news reels or other motion 14 picture news for public showing. 15 (d) Each law enforcement or correctional agency may 16 charge fees for arrest records, but in no instance may the 17 fee exceed the actual cost of copying and reproduction. The 18 fees may not include the cost of the labor used to reproduce 19 the arrest record. 20 (e) The provisions of this Section do not supersede the 21 confidentiality provisions for arrest records of the Juvenile 22 Court Act of 1987. 23 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 24 Section 15. The Department of State Police Law of the 25 Civil Administrative Code of Illinois is amended by changing 26 Section 55a as follows: 27 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 28 (Text of Section from P.A. 91-309) 29 Sec. 55a. Powers and duties. 30 (A) The Department of State Police shall have the 31 following powers and duties, and those set forth in Sections 32 55a-1 through 55c: HB1029 Engrossed -8- LRB9206336JMcs 1 1. To exercise the rights, powers and duties which have 2 been vested in the Department of Public Safety by the State 3 Police Act. 4 2. To exercise the rights, powers and duties which have 5 been vested in the Department of Public Safety by the State 6 Police Radio Act. 7 3. To exercise the rights, powers and duties which have 8 been vested in the Department of Public Safety by the 9 Criminal Identification Act. 10 4. To (a) investigate the origins, activities, personnel 11 and incidents of crime and the ways and means to redress the 12 victims of crimes, and study the impact, if any, of 13 legislation relative to the effusion of crime and growing 14 crime rates, and enforce the criminal laws of this State 15 related thereto, (b) enforce all laws regulating the 16 production, sale, prescribing, manufacturing, administering, 17 transporting, having in possession, dispensing, delivering, 18 distributing, or use of controlled substances and cannabis, 19 (c) employ skilled experts, scientists, technicians, 20 investigators or otherwise specially qualified persons to aid 21 in preventing or detecting crime, apprehending criminals, or 22 preparing and presenting evidence of violations of the 23 criminal laws of the State, (d) cooperate with the police of 24 cities, villages and incorporated towns, and with the police 25 officers of any county, in enforcing the laws of the State 26 and in making arrests and recovering property, (e) apprehend 27 and deliver up any person charged in this State or any other 28 State of the United States with treason, felony, or other 29 crime, who has fled from justice and is found in this State, 30 and (f) conduct such other investigations as may be provided 31 by law. Persons exercising these powers within the Department 32 are conservators of the peace and as such have all the powers 33 possessed by policemen in cities and sheriffs, except that 34 they may exercise such powers anywhere in the State in HB1029 Engrossed -9- LRB9206336JMcs 1 cooperation with and after contact with the local law 2 enforcement officials. Such persons may use false or 3 fictitious names in the performance of their duties under 4 this paragraph, upon approval of the Director, and shall not 5 be subject to prosecution under the criminal laws for such 6 use. 7 5. To: (a) be a central repository and custodian of 8 criminal statistics for the State, (b) be a central 9 repository for criminal history record information, (c) 10 procure and file for record such information as is necessary 11 and helpful to plan programs of crime prevention, law 12 enforcement and criminal justice, (d) procure and file for 13 record such copies of fingerprints, as may be required by 14 law, (e) establish general and field crime laboratories, (f) 15 register and file for record such information as may be 16 required by law for the issuance of firearm owner's 17 identification cards, (g) employ polygraph operators, 18 laboratory technicians and other specially qualified persons 19 to aid in the identification of criminal activity, and (h) 20 undertake such other identification, information, laboratory, 21 statistical or registration activities as may be required by 22 law. 23 5.5. Provide, when an individual is arrested, that the 24 following information must be made available to the news 25 media for inspection and copying: 26 (a) Information that identifies the person, 27 including the name, age, address, and photograph, when 28 and if available. 29 (b) Information detailing any charges relating to 30 the arrest. 31 (c) The time and location of the arrest. 32 (d) The name of the investigating or arresting law 33 enforcement agency. 34 (e) If incarcerated, the amount of any bail or HB1029 Engrossed -10- LRB9206336JMcs 1 bond. 2 (f) If incarcerated, the time and date that the 3 individual was received, discharged, or transferred from 4 the arresting agency's custody. 5 (1) The information required by this paragraph 6 must be made available to the news media for 7 inspection and copying as soon as practicable, but 8 in no event shall the time period exceed 72 hours 9 from the arrest. The information described in 10 subparagraphs (c), (d), (e), and (f) of this 11 paragraph, however, may be withheld if it is 12 determined that disclosure would (i) interfere with 13 pending or actually and reasonably contemplated law 14 enforcement proceedings conducted by any law 15 enforcement or correctional agency; (ii) endanger 16 the life or physical safety of law enforcement or 17 correctional personnel or any other person; or (iii) 18 compromise the security of any correctional 19 facility. 20 (2) For the purposes of this paragraph, the 21 term "news media" means personnel of a newspaper or 22 other periodical issued at regular intervals whether 23 in print or electronic format, a news service 24 whether in print or electronic format, a radio 25 station, a television station, a television network, 26 a community antenna television service, or a person 27 or corporation engaged in making news reels or other 28 motion picture news for public showing. 29 (3) Each law enforcement or correctional 30 agency may charge fees for arrest records, but in no 31 instance may the fee exceed the actual cost of 32 copying and reproduction. The fees may not include 33 the cost of the labor used to reproduce the arrest 34 record. HB1029 Engrossed -11- LRB9206336JMcs 1 (4) The provisions of this paragraph do not 2 supersede the confidentiality provisions for arrest 3 records of the Juvenile Court Act. 4 6. To (a) acquire and operate one or more radio 5 broadcasting stations in the State to be used for police 6 purposes, (b) operate a statewide communications network to 7 gather and disseminate information for law enforcement 8 agencies, (c) operate an electronic data processing and 9 computer center for the storage and retrieval of data 10 pertaining to criminal activity, and (d) undertake such other 11 communication activities as may be required by law. 12 7. To provide, as may be required by law, assistance to 13 local law enforcement agencies through (a) training, 14 management and consultant services for local law enforcement 15 agencies, and (b) the pursuit of research and the publication 16 of studies pertaining to local law enforcement activities. 17 8. To exercise the rights, powers and duties which have 18 been vested in the Department of State Police and the 19 Director of the Department of State Police by the Narcotic 20 Control Division Abolition Act. 21 9. To exercise the rights, powers and duties which have 22 been vested in the Department of Public Safety by the 23 Illinois Vehicle Code. 24 10. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the Firearm 26 Owners Identification Card Act. 27 11. To enforce and administer such other laws in 28 relation to law enforcement as may be vested in the 29 Department. 30 12. To transfer jurisdiction of any realty title to 31 which is held by the State of Illinois under the control of 32 the Department to any other department of the State 33 government or to the State Employees Housing Commission, or 34 to acquire or accept Federal land, when such transfer, HB1029 Engrossed -12- LRB9206336JMcs 1 acquisition or acceptance is advantageous to the State and is 2 approved in writing by the Governor. 3 13. With the written approval of the Governor, to enter 4 into agreements with other departments created by this Act, 5 for the furlough of inmates of the penitentiary to such other 6 departments for their use in research programs being 7 conducted by them. 8 For the purpose of participating in such research 9 projects, the Department may extend the limits of any 10 inmate's place of confinement, when there is reasonable cause 11 to believe that the inmate will honor his or her trust by 12 authorizing the inmate, under prescribed conditions, to leave 13 the confines of the place unaccompanied by a custodial agent 14 of the Department. The Department shall make rules governing 15 the transfer of the inmate to the requesting other department 16 having the approved research project, and the return of such 17 inmate to the unextended confines of the penitentiary. Such 18 transfer shall be made only with the consent of the inmate. 19 The willful failure of a prisoner to remain within the 20 extended limits of his or her confinement or to return within 21 the time or manner prescribed to the place of confinement 22 designated by the Department in granting such extension shall 23 be deemed an escape from custody of the Department and 24 punishable as provided in Section 3-6-4 of the Unified Code 25 of Corrections. 26 14. To provide investigative services, with all of the 27 powers possessed by policemen in cities and sheriffs, in and 28 around all race tracks subject to the Horse Racing Act of 29 1975. 30 15. To expend such sums as the Director deems necessary 31 from Contractual Services appropriations for the Division of 32 Criminal Investigation for the purchase of evidence and for 33 the employment of persons to obtain evidence. Such sums shall 34 be advanced to agents authorized by the Director to expend HB1029 Engrossed -13- LRB9206336JMcs 1 funds, on vouchers signed by the Director. 2 16. To assist victims and witnesses in gang crime 3 prosecutions through the administration of funds appropriated 4 from the Gang Violence Victims and Witnesses Fund to the 5 Department. Such funds shall be appropriated to the 6 Department and shall only be used to assist victims and 7 witnesses in gang crime prosecutions and such assistance may 8 include any of the following: 9 (a) temporary living costs; 10 (b) moving expenses; 11 (c) closing costs on the sale of private residence; 12 (d) first month's rent; 13 (e) security deposits; 14 (f) apartment location assistance; 15 (g) other expenses which the Department considers 16 appropriate; and 17 (h) compensation for any loss of or injury to real 18 or personal property resulting from a gang crime to a 19 maximum of $5,000, subject to the following provisions: 20 (1) in the case of loss of property, the 21 amount of compensation shall be measured by the 22 replacement cost of similar or like property which 23 has been incurred by and which is substantiated by 24 the property owner, 25 (2) in the case of injury to property, the 26 amount of compensation shall be measured by the cost 27 of repair incurred and which can be substantiated by 28 the property owner, 29 (3) compensation under this provision is a 30 secondary source of compensation and shall be 31 reduced by any amount the property owner receives 32 from any other source as compensation for the loss 33 or injury, including, but not limited to, personal 34 insurance coverage, HB1029 Engrossed -14- LRB9206336JMcs 1 (4) no compensation may be awarded if the 2 property owner was an offender or an accomplice of 3 the offender, or if the award would unjustly benefit 4 the offender or offenders, or an accomplice of the 5 offender or offenders. 6 No victim or witness may receive such assistance if he or 7 she is not a part of or fails to fully cooperate in the 8 prosecution of gang crime members by law enforcement 9 authorities. 10 The Department shall promulgate any rules necessary for 11 the implementation of this amendatory Act of 1985. 12 17. To conduct arson investigations. 13 18. To develop a separate statewide statistical police 14 contact record keeping system for the study of juvenile 15 delinquency. The records of this police contact system shall 16 be limited to statistical information. No individually 17 identifiable information shall be maintained in the police 18 contact statistical record system. 19 19. To develop a separate statewide central juvenile 20 records system for persons arrested prior to the age of 17 21 under Section 5-401 of the Juvenile Court Act of 1987 or 22 adjudicated delinquent minors and to make information 23 available to local law enforcement officers so that law 24 enforcement officers will be able to obtain rapid access to 25 the background of the minor from other jurisdictions to the 26 end that the juvenile police officers can make appropriate 27 decisions which will best serve the interest of the child and 28 the community. The Department shall submit a quarterly 29 report to the General Assembly and Governor which shall 30 contain the number of juvenile records that the Department 31 has received in that quarter and a list, by category, of 32 offenses that minors were arrested for or convicted of by 33 age, race and gender. 34 20. To develop rules which guarantee the confidentiality HB1029 Engrossed -15- LRB9206336JMcs 1 of such individually identifiable juvenile records except to 2 juvenile authorities who request information concerning the 3 minor and who certify in writing that the information will 4 not be disclosed to any other party except as provided under 5 law or order of court. For purposes of this Section, 6 "juvenile authorities" means: (i) a judge of the circuit 7 court and members of the staff of the court designated by the 8 judge; (ii) parties to the proceedings under the Juvenile 9 Court Act of 1987 and their attorneys; (iii) probation 10 officers and court appointed advocates for the juvenile 11 authorized by the judge hearing the case; (iv) any individual 12 or public or private agency having custody of the child 13 pursuant to court order; (v) any individual or public or 14 private agency providing education, medical or mental health 15 service to the child when the requested information is needed 16 to determine the appropriate service or treatment for the 17 minor; (vi) any potential placement provider when such 18 release is authorized by the court for the limited purpose of 19 determining the appropriateness of the potential placement; 20 (vii) law enforcement officers and prosecutors; (viii) adult 21 and juvenile prisoner review boards; (ix) authorized military 22 personnel; (x) individuals authorized by court; (xi) the 23 Illinois General Assembly or any committee or commission 24 thereof. 25 21. To develop administrative rules and administrative 26 hearing procedures which allow a minor, his or her attorney, 27 and his or her parents or guardian access to individually 28 identifiable juvenile records for the purpose of determining 29 or challenging the accuracy of the records. Final 30 administrative decisions shall be subject to the provisions 31 of the Administrative Review Law. 32 22. To charge, collect, and receive fees or moneys 33 equivalent to the cost of providing Department of State 34 Police personnel, equipment, and services to local HB1029 Engrossed -16- LRB9206336JMcs 1 governmental agencies when explicitly requested by a local 2 governmental agency and pursuant to an intergovernmental 3 agreement as provided by this Section, other State agencies, 4 and federal agencies, including but not limited to fees or 5 moneys equivalent to the cost of providing dispatching 6 services, radio and radar repair, and training to local 7 governmental agencies on such terms and conditions as in the 8 judgment of the Director are in the best interest of the 9 State; and to establish, charge, collect and receive fees or 10 moneys based on the cost of providing responses to requests 11 for criminal history record information pursuant to positive 12 identification and any Illinois or federal law authorizing 13 access to some aspect of such information and to prescribe 14 the form and manner for requesting and furnishing such 15 information to the requestor on such terms and conditions as 16 in the judgment of the Director are in the best interest of 17 the State, provided fees for requesting and furnishing 18 criminal history record information may be waived for 19 requests in the due administration of the criminal laws. The 20 Department may also charge, collect and receive fees or 21 moneys equivalent to the cost of providing electronic data 22 processing lines or related telecommunication services to 23 local governments, but only when such services can be 24 provided by the Department at a cost less than that 25 experienced by said local governments through other means. 26 All services provided by the Department shall be conducted 27 pursuant to contracts in accordance with the 28 Intergovernmental Cooperation Act, and all telecommunication 29 services shall be provided pursuant to the provisions of 30 Section 67.18 of this Code. 31 All fees received by the Department of State Police under 32 this Act or the Illinois Uniform Conviction Information Act 33 shall be deposited in a special fund in the State Treasury to 34 be known as the State Police Services Fund. The money HB1029 Engrossed -17- LRB9206336JMcs 1 deposited in the State Police Services Fund shall be 2 appropriated to the Department of State Police for expenses 3 of the Department of State Police. 4 Upon the completion of any audit of the Department of 5 State Police as prescribed by the Illinois State Auditing 6 Act, which audit includes an audit of the State Police 7 Services Fund, the Department of State Police shall make the 8 audit open to inspection by any interested person. 9 23. To exercise the powers and perform the duties which 10 have been vested in the Department of State Police by the 11 Intergovernmental Missing Child Recovery Act of 1984, and to 12 establish reasonable rules and regulations necessitated 13 thereby. 14 24. (a) To establish and maintain a statewide Law 15 Enforcement Agencies Data System (LEADS) for the purpose of 16 providing electronic access by authorized entities to 17 criminal justice data repositories and effecting an immediate 18 law enforcement response to reports of missing persons, 19 including lost, missing or runaway minors. The Department 20 shall implement an automatic data exchange system to compile, 21 to maintain and to make available to other law enforcement 22 agencies for immediate dissemination data which can assist 23 appropriate agencies in recovering missing persons and 24 provide access by authorized entities to various data 25 repositories available through LEADS for criminal justice and 26 related purposes. To assist the Department in this effort, 27 funds may be appropriated from the LEADS Maintenance Fund. 28 (b) In exercising its duties under this subsection, the 29 Department shall: 30 (1) provide a uniform reporting format for the 31 entry of pertinent information regarding the report of a 32 missing person into LEADS; 33 (2) develop and implement a policy whereby a 34 statewide or regional alert would be used in situations HB1029 Engrossed -18- LRB9206336JMcs 1 relating to the disappearances of individuals, based on 2 criteria and in a format established by the Department. 3 Such a format shall include, but not be limited to, the 4 age of the missing person and the suspected circumstance 5 of the disappearance; 6 (3) notify all law enforcement agencies that 7 reports of missing persons shall be entered as soon as 8 the minimum level of data specified by the Department is 9 available to the reporting agency, and that no waiting 10 period for the entry of such data exists; 11 (4) compile and retain information regarding lost, 12 abducted, missing or runaway minors in a separate data 13 file, in a manner that allows such information to be used 14 by law enforcement and other agencies deemed appropriate 15 by the Director, for investigative purposes. Such 16 information shall include the disposition of all reported 17 lost, abducted, missing or runaway minor cases; 18 (5) compile and maintain an historic data 19 repository relating to lost, abducted, missing or runaway 20 minors and other missing persons in order to develop and 21 improve techniques utilized by law enforcement agencies 22 when responding to reports of missing persons; and 23 (6) create a quality control program regarding 24 confirmation of missing person data, timeliness of 25 entries of missing person reports into LEADS and 26 performance audits of all entering agencies. 27 25. On request of a school board or regional 28 superintendent of schools, to conduct an inquiry pursuant to 29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 30 an applicant for employment in a school district has been 31 convicted of any criminal or drug offenses enumerated in 32 Section 10-21.9 or 34-18.5 of the School Code. The 33 Department shall furnish such conviction information to the 34 President of the school board of the school district which HB1029 Engrossed -19- LRB9206336JMcs 1 has requested the information, or if the information was 2 requested by the regional superintendent to that regional 3 superintendent. 4 26. To promulgate rules and regulations necessary for 5 the administration and enforcement of its powers and duties, 6 wherever granted and imposed, pursuant to the Illinois 7 Administrative Procedure Act. 8 27. To (a) promulgate rules pertaining to the 9 certification, revocation of certification and training of 10 law enforcement officers as electronic criminal surveillance 11 officers, (b) provide training and technical assistance to 12 State's Attorneys and local law enforcement agencies 13 pertaining to the interception of private oral 14 communications, (c) promulgate rules necessary for the 15 administration of Article 108B of the Code of Criminal 16 Procedure of 1963, including but not limited to standards for 17 recording and minimization of electronic criminal 18 surveillance intercepts, documentation required to be 19 maintained during an intercept, procedures in relation to 20 evidence developed by an intercept, and (d) charge a 21 reasonable fee to each law enforcement agency that sends 22 officers to receive training as electronic criminal 23 surveillance officers. 24 28. Upon the request of any private organization which 25 devotes a major portion of its time to the provision of 26 recreational, social, educational or child safety services to 27 children, to conduct, pursuant to positive identification, 28 criminal background investigations of all of that 29 organization's current employees, current volunteers, 30 prospective employees or prospective volunteers charged with 31 the care and custody of children during the provision of the 32 organization's services, and to report to the requesting 33 organization any record of convictions maintained in the 34 Department's files about such persons. The Department shall HB1029 Engrossed -20- LRB9206336JMcs 1 charge an application fee, based on actual costs, for the 2 dissemination of conviction information pursuant to this 3 subsection. The Department is empowered to establish this 4 fee and shall prescribe the form and manner for requesting 5 and furnishing conviction information pursuant to this 6 subsection. Information received by the organization from the 7 Department concerning an individual shall be provided to such 8 individual. Any such information obtained by the 9 organization shall be confidential and may not be transmitted 10 outside the organization and may not be transmitted to anyone 11 within the organization except as needed for the purpose of 12 evaluating the individual. Only information and standards 13 which bear a reasonable and rational relation to the 14 performance of child care shall be used by the organization. 15 Any employee of the Department or any member, employee or 16 volunteer of the organization receiving confidential 17 information under this subsection who gives or causes to be 18 given any confidential information concerning any criminal 19 convictions of an individual shall be guilty of a Class A 20 misdemeanor unless release of such information is authorized 21 by this subsection. 22 29. Upon the request of the Department of Children and 23 Family Services, to investigate reports of child abuse or 24 neglect. 25 30. To obtain registration of a fictitious vital record 26 pursuant to Section 15.1 of the Vital Records Act. 27 31. To collect and disseminate information relating to 28 "hate crimes" as defined under Section 12-7.1 of the Criminal 29 Code of 1961 contingent upon the availability of State or 30 Federal funds to revise and upgrade the Illinois Uniform 31 Crime Reporting System. All law enforcement agencies shall 32 report monthly to the Department of State Police concerning 33 such offenses in such form and in such manner as may be 34 prescribed by rules and regulations adopted by the Department HB1029 Engrossed -21- LRB9206336JMcs 1 of State Police. Such information shall be compiled by the 2 Department and be disseminated upon request to any local law 3 enforcement agency, unit of local government, or state 4 agency. Dissemination of such information shall be subject 5 to all confidentiality requirements otherwise imposed by law. 6 The Department of State Police shall provide training for 7 State Police officers in identifying, responding to, and 8 reporting all hate crimes. The Illinois Law Enforcement 9 Training Standards Board shall develop and certify a course 10 of such training to be made available to local law 11 enforcement officers. 12 32. Upon the request of a private carrier company that 13 provides transportation under Section 28b of the Metropolitan 14 Transit Authority Act, to ascertain if an applicant for a 15 driver position has been convicted of any criminal or drug 16 offense enumerated in Section 28b of the Metropolitan Transit 17 Authority Act. The Department shall furnish the conviction 18 information to the private carrier company that requested the 19 information. 20 33. To apply for grants or contracts, receive, expend, 21 allocate, or disburse funds and moneys made available by 22 public or private entities, including, but not limited to, 23 contracts, bequests, grants, or receiving equipment from 24 corporations, foundations, or public or private institutions 25 of higher learning. All funds received by the Department 26 from these sources shall be deposited into the appropriate 27 fund in the State Treasury to be appropriated to the 28 Department for purposes as indicated by the grantor or 29 contractor or, in the case of funds or moneys bequeathed or 30 granted for no specific purpose, for any purpose as deemed 31 appropriate by the Director in administering the 32 responsibilities of the Department. 33 34. Upon the request of the Department of Children and 34 Family Services, the Department of State Police shall provide HB1029 Engrossed -22- LRB9206336JMcs 1 properly designated employees of the Department of Children 2 and Family Services with criminal history record information 3 as defined in the Illinois Uniform Conviction Information Act 4 and information maintained in the Statewide Central Juvenile 5 record system as defined in subdivision (A)19 of this Section 6 if the Department of Children and Family Services determines 7 the information is necessary to perform its duties under the 8 Abused and Neglected Child Reporting Act, the Child Care Act 9 of 1969, and the Children and Family Services Act. The 10 request shall be in the form and manner specified by the 11 Department of State Police. 12 35. The Illinois Department of Public Aid is an 13 authorized entity under this Section for the purpose of 14 exchanging information, in the form and manner required by 15 the Department of State Police, to facilitate the location of 16 individuals for establishing paternity, and establishing, 17 modifying, and enforcing child support obligations, pursuant 18 to the Illinois Public Aid Code and Title IV, Part D of the 19 Social Security Act. 20 36. Upon request of the Department of Human Services, to 21 conduct an assessment and evaluation of sexually violent 22 persons as mandated by the Sexually Violent Persons 23 Commitment Act, the Department shall furnish criminal history 24 information maintained on the requested person. The request 25 shall be in the form and manner specified by the Department. 26 (B) The Department of State Police may establish and 27 maintain, within the Department of State Police, a Statewide 28 Organized Criminal Gang Database (SWORD) for the purpose of 29 tracking organized criminal gangs and their memberships. 30 Information in the database may include, but not be limited 31 to, the name, last known address, birth date, physical 32 descriptions (such as scars, marks, or tattoos), officer 33 safety information, organized gang affiliation, and entering 34 agency identifier. The Department may develop, in HB1029 Engrossed -23- LRB9206336JMcs 1 consultation with the Criminal Justice Information Authority, 2 and in a form and manner prescribed by the Department, an 3 automated data exchange system to compile, to maintain, and 4 to make this information electronically available to 5 prosecutors and to other law enforcement agencies. The 6 information may be used by authorized agencies to combat the 7 operations of organized criminal gangs statewide. 8 (C) The Department of State Police may ascertain the 9 number of bilingual police officers and other personnel 10 needed to provide services in a language other than English 11 and may establish, under applicable personnel rules and 12 Department guidelines or through a collective bargaining 13 agreement, a bilingual pay supplement program. 14 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 15 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 16 7-30-98; 90-793, eff. 8-14-98; 91-309, eff. 7-29-99.) 17 (Text of Section from P.A. 91-371) 18 Sec. 55a. Powers and duties. 19 (A) The Department of State Police shall have the 20 following powers and duties, and those set forth in Sections 21 55a-1 through 55c: 22 1. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the State 24 Police Act. 25 2. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the State 27 Police Radio Act. 28 3. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the 30 Criminal Identification Act. 31 4. To (a) investigate the origins, activities, personnel 32 and incidents of crime and the ways and means to redress the 33 victims of crimes, and study the impact, if any, of 34 legislation relative to the effusion of crime and growing HB1029 Engrossed -24- LRB9206336JMcs 1 crime rates, and enforce the criminal laws of this State 2 related thereto, (b) enforce all laws regulating the 3 production, sale, prescribing, manufacturing, administering, 4 transporting, having in possession, dispensing, delivering, 5 distributing, or use of controlled substances and cannabis, 6 (c) employ skilled experts, scientists, technicians, 7 investigators or otherwise specially qualified persons to aid 8 in preventing or detecting crime, apprehending criminals, or 9 preparing and presenting evidence of violations of the 10 criminal laws of the State, (d) cooperate with the police of 11 cities, villages and incorporated towns, and with the police 12 officers of any county, in enforcing the laws of the State 13 and in making arrests and recovering property, (e) apprehend 14 and deliver up any person charged in this State or any other 15 State of the United States with treason, felony, or other 16 crime, who has fled from justice and is found in this State, 17 and (f) conduct such other investigations as may be provided 18 by law. Persons exercising these powers within the Department 19 are conservators of the peace and as such have all the powers 20 possessed by policemen in cities and sheriffs, except that 21 they may exercise such powers anywhere in the State in 22 cooperation with and after contact with the local law 23 enforcement officials. Such persons may use false or 24 fictitious names in the performance of their duties under 25 this paragraph, upon approval of the Director, and shall not 26 be subject to prosecution under the criminal laws for such 27 use. 28 5. To: (a) be a central repository and custodian of 29 criminal statistics for the State, (b) be a central 30 repository for criminal history record information, (c) 31 procure and file for record such information as is necessary 32 and helpful to plan programs of crime prevention, law 33 enforcement and criminal justice, (d) procure and file for 34 record such copies of fingerprints, as may be required by HB1029 Engrossed -25- LRB9206336JMcs 1 law, (e) establish general and field crime laboratories, (f) 2 register and file for record such information as may be 3 required by law for the issuance of firearm owner's 4 identification cards, (g) employ polygraph operators, 5 laboratory technicians and other specially qualified persons 6 to aid in the identification of criminal activity, and (h) 7 undertake such other identification, information, laboratory, 8 statistical or registration activities as may be required by 9 law. 10 6. To (a) acquire and operate one or more radio 11 broadcasting stations in the State to be used for police 12 purposes, (b) operate a statewide communications network to 13 gather and disseminate information for law enforcement 14 agencies, (c) operate an electronic data processing and 15 computer center for the storage and retrieval of data 16 pertaining to criminal activity, and (d) undertake such other 17 communication activities as may be required by law. 18 7. To provide, as may be required by law, assistance to 19 local law enforcement agencies through (a) training, 20 management and consultant services for local law enforcement 21 agencies, and (b) the pursuit of research and the publication 22 of studies pertaining to local law enforcement activities. 23 8. To exercise the rights, powers and duties which have 24 been vested in the Department of State Police and the 25 Director of the Department of State Police by the Narcotic 26 Control Division Abolition Act. 27 9. To exercise the rights, powers and duties which have 28 been vested in the Department of Public Safety by the 29 Illinois Vehicle Code. 30 10. To exercise the rights, powers and duties which have 31 been vested in the Department of Public Safety by the Firearm 32 Owners Identification Card Act. 33 11. To enforce and administer such other laws in 34 relation to law enforcement as may be vested in the HB1029 Engrossed -26- LRB9206336JMcs 1 Department. 2 12. To transfer jurisdiction of any realty title to 3 which is held by the State of Illinois under the control of 4 the Department to any other department of the State 5 government or to the State Employees Housing Commission, or 6 to acquire or accept Federal land, when such transfer, 7 acquisition or acceptance is advantageous to the State and is 8 approved in writing by the Governor. 9 13. With the written approval of the Governor, to enter 10 into agreements with other departments created by this Act, 11 for the furlough of inmates of the penitentiary to such other 12 departments for their use in research programs being 13 conducted by them. 14 For the purpose of participating in such research 15 projects, the Department may extend the limits of any 16 inmate's place of confinement, when there is reasonable cause 17 to believe that the inmate will honor his or her trust by 18 authorizing the inmate, under prescribed conditions, to leave 19 the confines of the place unaccompanied by a custodial agent 20 of the Department. The Department shall make rules governing 21 the transfer of the inmate to the requesting other department 22 having the approved research project, and the return of such 23 inmate to the unextended confines of the penitentiary. Such 24 transfer shall be made only with the consent of the inmate. 25 The willful failure of a prisoner to remain within the 26 extended limits of his or her confinement or to return within 27 the time or manner prescribed to the place of confinement 28 designated by the Department in granting such extension shall 29 be deemed an escape from custody of the Department and 30 punishable as provided in Section 3-6-4 of the Unified Code 31 of Corrections. 32 14. To provide investigative services, with all of the 33 powers possessed by policemen in cities and sheriffs, in and 34 around all race tracks subject to the Horse Racing Act of HB1029 Engrossed -27- LRB9206336JMcs 1 1975. 2 15. To expend such sums as the Director deems necessary 3 from Contractual Services appropriations for the Division of 4 Criminal Investigation for the purchase of evidence and for 5 the employment of persons to obtain evidence. Such sums shall 6 be advanced to agents authorized by the Director to expend 7 funds, on vouchers signed by the Director. 8 16. To assist victims and witnesses in gang crime 9 prosecutions through the administration of funds appropriated 10 from the Gang Violence Victims and Witnesses Fund to the 11 Department. Such funds shall be appropriated to the 12 Department and shall only be used to assist victims and 13 witnesses in gang crime prosecutions and such assistance may 14 include any of the following: 15 (a) temporary living costs; 16 (b) moving expenses; 17 (c) closing costs on the sale of private residence; 18 (d) first month's rent; 19 (e) security deposits; 20 (f) apartment location assistance; 21 (g) other expenses which the Department considers 22 appropriate; and 23 (h) compensation for any loss of or injury to real 24 or personal property resulting from a gang crime to a 25 maximum of $5,000, subject to the following provisions: 26 (1) in the case of loss of property, the 27 amount of compensation shall be measured by the 28 replacement cost of similar or like property which 29 has been incurred by and which is substantiated by 30 the property owner, 31 (2) in the case of injury to property, the 32 amount of compensation shall be measured by the cost 33 of repair incurred and which can be substantiated by 34 the property owner, HB1029 Engrossed -28- LRB9206336JMcs 1 (3) compensation under this provision is a 2 secondary source of compensation and shall be 3 reduced by any amount the property owner receives 4 from any other source as compensation for the loss 5 or injury, including, but not limited to, personal 6 insurance coverage, 7 (4) no compensation may be awarded if the 8 property owner was an offender or an accomplice of 9 the offender, or if the award would unjustly benefit 10 the offender or offenders, or an accomplice of the 11 offender or offenders. 12 No victim or witness may receive such assistance if he or 13 she is not a part of or fails to fully cooperate in the 14 prosecution of gang crime members by law enforcement 15 authorities. 16 The Department shall promulgate any rules necessary for 17 the implementation of this amendatory Act of 1985. 18 17. To conduct arson investigations. 19 18. To develop a separate statewide statistical police 20 contact record keeping system for the study of juvenile 21 delinquency. The records of this police contact system shall 22 be limited to statistical information. No individually 23 identifiable information shall be maintained in the police 24 contact statistical record system. 25 19. To develop a separate statewide central juvenile 26 records system for persons arrested prior to the age of 17 27 under Section 5-401 of the Juvenile Court Act of 1987 or 28 adjudicated delinquent minors and to make information 29 available to local law enforcement officers so that law 30 enforcement officers will be able to obtain rapid access to 31 the background of the minor from other jurisdictions to the 32 end that the juvenile police officers can make appropriate 33 decisions which will best serve the interest of the child and 34 the community. The Department shall submit a quarterly HB1029 Engrossed -29- LRB9206336JMcs 1 report to the General Assembly and Governor which shall 2 contain the number of juvenile records that the Department 3 has received in that quarter and a list, by category, of 4 offenses that minors were arrested for or convicted of by 5 age, race and gender. 6 20. To develop rules which guarantee the confidentiality 7 of such individually identifiable juvenile records except to 8 juvenile authorities who request information concerning the 9 minor and who certify in writing that the information will 10 not be disclosed to any other party except as provided under 11 law or order of court. For purposes of this Section, 12 "juvenile authorities" means: (i) a judge of the circuit 13 court and members of the staff of the court designated by the 14 judge; (ii) parties to the proceedings under the Juvenile 15 Court Act of 1987 and their attorneys; (iii) probation 16 officers and court appointed advocates for the juvenile 17 authorized by the judge hearing the case; (iv) any individual 18 or public or private agency having custody of the child 19 pursuant to court order; (v) any individual or public or 20 private agency providing education, medical or mental health 21 service to the child when the requested information is needed 22 to determine the appropriate service or treatment for the 23 minor; (vi) any potential placement provider when such 24 release is authorized by the court for the limited purpose of 25 determining the appropriateness of the potential placement; 26 (vii) law enforcement officers and prosecutors; (viii) adult 27 and juvenile prisoner review boards; (ix) authorized military 28 personnel; (x) individuals authorized by court; (xi) the 29 Illinois General Assembly or any committee or commission 30 thereof. 31 21. To develop administrative rules and administrative 32 hearing procedures which allow a minor, his or her attorney, 33 and his or her parents or guardian access to individually 34 identifiable juvenile records for the purpose of determining HB1029 Engrossed -30- LRB9206336JMcs 1 or challenging the accuracy of the records. Final 2 administrative decisions shall be subject to the provisions 3 of the Administrative Review Law. 4 22. To charge, collect, and receive fees or moneys 5 equivalent to the cost of providing Department of State 6 Police personnel, equipment, and services to local 7 governmental agencies when explicitly requested by a local 8 governmental agency and pursuant to an intergovernmental 9 agreement as provided by this Section, other State agencies, 10 and federal agencies, including but not limited to fees or 11 moneys equivalent to the cost of providing dispatching 12 services, radio and radar repair, and training to local 13 governmental agencies on such terms and conditions as in the 14 judgment of the Director are in the best interest of the 15 State; and to establish, charge, collect and receive fees or 16 moneys based on the cost of providing responses to requests 17 for criminal history record information pursuant to positive 18 identification and any Illinois or federal law authorizing 19 access to some aspect of such information and to prescribe 20 the form and manner for requesting and furnishing such 21 information to the requestor on such terms and conditions as 22 in the judgment of the Director are in the best interest of 23 the State, provided fees for requesting and furnishing 24 criminal history record information may be waived for 25 requests in the due administration of the criminal laws. The 26 Department may also charge, collect and receive fees or 27 moneys equivalent to the cost of providing electronic data 28 processing lines or related telecommunication services to 29 local governments, but only when such services can be 30 provided by the Department at a cost less than that 31 experienced by said local governments through other means. 32 All services provided by the Department shall be conducted 33 pursuant to contracts in accordance with the 34 Intergovernmental Cooperation Act, and all telecommunication HB1029 Engrossed -31- LRB9206336JMcs 1 services shall be provided pursuant to the provisions of 2 Section 67.18 of this Code. 3 All fees received by the Department of State Police under 4 this Act or the Illinois Uniform Conviction Information Act 5 shall be deposited in a special fund in the State Treasury to 6 be known as the State Police Services Fund. The money 7 deposited in the State Police Services Fund shall be 8 appropriated to the Department of State Police for expenses 9 of the Department of State Police. 10 Upon the completion of any audit of the Department of 11 State Police as prescribed by the Illinois State Auditing 12 Act, which audit includes an audit of the State Police 13 Services Fund, the Department of State Police shall make the 14 audit open to inspection by any interested person. 15 23. To exercise the powers and perform the duties which 16 have been vested in the Department of State Police by the 17 Intergovernmental Missing Child Recovery Act of 1984, and to 18 establish reasonable rules and regulations necessitated 19 thereby. 20 24. (a) To establish and maintain a statewide Law 21 Enforcement Agencies Data System (LEADS) for the purpose of 22 providing electronic access by authorized entities to 23 criminal justice data repositories and effecting an immediate 24 law enforcement response to reports of missing persons, 25 including lost, missing or runaway minors. The Department 26 shall implement an automatic data exchange system to compile, 27 to maintain and to make available to other law enforcement 28 agencies for immediate dissemination data which can assist 29 appropriate agencies in recovering missing persons and 30 provide access by authorized entities to various data 31 repositories available through LEADS for criminal justice and 32 related purposes. To assist the Department in this effort, 33 funds may be appropriated from the LEADS Maintenance Fund. 34 (b) In exercising its duties under this subsection, the HB1029 Engrossed -32- LRB9206336JMcs 1 Department shall: 2 (1) provide a uniform reporting format for the 3 entry of pertinent information regarding the report of a 4 missing person into LEADS; 5 (2) develop and implement a policy whereby a 6 statewide or regional alert would be used in situations 7 relating to the disappearances of individuals, based on 8 criteria and in a format established by the Department. 9 Such a format shall include, but not be limited to, the 10 age of the missing person and the suspected circumstance 11 of the disappearance; 12 (3) notify all law enforcement agencies that 13 reports of missing persons shall be entered as soon as 14 the minimum level of data specified by the Department is 15 available to the reporting agency, and that no waiting 16 period for the entry of such data exists; 17 (4) compile and retain information regarding lost, 18 abducted, missing or runaway minors in a separate data 19 file, in a manner that allows such information to be used 20 by law enforcement and other agencies deemed appropriate 21 by the Director, for investigative purposes. Such 22 information shall include the disposition of all reported 23 lost, abducted, missing or runaway minor cases; 24 (5) compile and maintain an historic data 25 repository relating to lost, abducted, missing or runaway 26 minors and other missing persons in order to develop and 27 improve techniques utilized by law enforcement agencies 28 when responding to reports of missing persons; and 29 (6) create a quality control program regarding 30 confirmation of missing person data, timeliness of 31 entries of missing person reports into LEADS and 32 performance audits of all entering agencies. 33 25. On request of a school board or regional 34 superintendent of schools, to conduct an inquiry pursuant to HB1029 Engrossed -33- LRB9206336JMcs 1 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 2 an applicant for employment in a school district has been 3 convicted of any criminal or drug offenses enumerated in 4 Section 10-21.9 or 34-18.5 of the School Code. The 5 Department shall furnish such conviction information to the 6 President of the school board of the school district which 7 has requested the information, or if the information was 8 requested by the regional superintendent to that regional 9 superintendent. 10 26. To promulgate rules and regulations necessary for 11 the administration and enforcement of its powers and duties, 12 wherever granted and imposed, pursuant to the Illinois 13 Administrative Procedure Act. 14 27. To (a) promulgate rules pertaining to the 15 certification, revocation of certification and training of 16 law enforcement officers as electronic criminal surveillance 17 officers, (b) provide training and technical assistance to 18 State's Attorneys and local law enforcement agencies 19 pertaining to the interception of private oral 20 communications, (c) promulgate rules necessary for the 21 administration of Article 108B of the Code of Criminal 22 Procedure of 1963, including but not limited to standards for 23 recording and minimization of electronic criminal 24 surveillance intercepts, documentation required to be 25 maintained during an intercept, procedures in relation to 26 evidence developed by an intercept, and (d) charge a 27 reasonable fee to each law enforcement agency that sends 28 officers to receive training as electronic criminal 29 surveillance officers. 30 28. Upon the request of any private organization which 31 devotes a major portion of its time to the provision of 32 recreational, social, educational or child safety services to 33 children, to conduct, pursuant to positive identification, 34 criminal background investigations of all of that HB1029 Engrossed -34- LRB9206336JMcs 1 organization's current employees, current volunteers, 2 prospective employees or prospective volunteers charged with 3 the care and custody of children during the provision of the 4 organization's services, and to report to the requesting 5 organization any record of convictions maintained in the 6 Department's files about such persons. The Department shall 7 charge an application fee, based on actual costs, for the 8 dissemination of conviction information pursuant to this 9 subsection. The Department is empowered to establish this 10 fee and shall prescribe the form and manner for requesting 11 and furnishing conviction information pursuant to this 12 subsection. Information received by the organization from the 13 Department concerning an individual shall be provided to such 14 individual. Any such information obtained by the 15 organization shall be confidential and may not be transmitted 16 outside the organization and may not be transmitted to anyone 17 within the organization except as needed for the purpose of 18 evaluating the individual. Only information and standards 19 which bear a reasonable and rational relation to the 20 performance of child care shall be used by the organization. 21 Any employee of the Department or any member, employee or 22 volunteer of the organization receiving confidential 23 information under this subsection who gives or causes to be 24 given any confidential information concerning any criminal 25 convictions of an individual shall be guilty of a Class A 26 misdemeanor unless release of such information is authorized 27 by this subsection. 28 29. Upon the request of the Department of Children and 29 Family Services, to investigate reports of child abuse or 30 neglect. 31 30. To obtain registration of a fictitious vital record 32 pursuant to Section 15.1 of the Vital Records Act. 33 31. To collect and disseminate information relating to 34 "hate crimes" as defined under Section 12-7.1 of the Criminal HB1029 Engrossed -35- LRB9206336JMcs 1 Code of 1961 contingent upon the availability of State or 2 Federal funds to revise and upgrade the Illinois Uniform 3 Crime Reporting System. All law enforcement agencies shall 4 report monthly to the Department of State Police concerning 5 such offenses in such form and in such manner as may be 6 prescribed by rules and regulations adopted by the Department 7 of State Police. Such information shall be compiled by the 8 Department and be disseminated upon request to any local law 9 enforcement agency, unit of local government, or state 10 agency. Dissemination of such information shall be subject 11 to all confidentiality requirements otherwise imposed by law. 12 The Department of State Police shall provide training for 13 State Police officers in identifying, responding to, and 14 reporting all hate crimes. The Illinois Law Enforcement 15 Training Standards Board shall develop and certify a course 16 of such training to be made available to local law 17 enforcement officers. 18 32. Upon the request of a private carrier company that 19 provides transportation under Section 28b of the Metropolitan 20 Transit Authority Act, to ascertain if an applicant for a 21 driver position has been convicted of any criminal or drug 22 offense enumerated in Section 28b of the Metropolitan Transit 23 Authority Act. The Department shall furnish the conviction 24 information to the private carrier company that requested the 25 information. 26 33. To apply for grants or contracts, receive, expend, 27 allocate, or disburse funds and moneys made available by 28 public or private entities, including, but not limited to, 29 contracts, bequests, grants, or receiving equipment from 30 corporations, foundations, or public or private institutions 31 of higher learning. All funds received by the Department 32 from these sources shall be deposited into the appropriate 33 fund in the State Treasury to be appropriated to the 34 Department for purposes as indicated by the grantor or HB1029 Engrossed -36- LRB9206336JMcs 1 contractor or, in the case of funds or moneys bequeathed or 2 granted for no specific purpose, for any purpose as deemed 3 appropriate by the Director in administering the 4 responsibilities of the Department. 5 34. Upon the request of the Department of Children and 6 Family Services, the Department of State Police shall provide 7 properly designated employees of the Department of Children 8 and Family Services with criminal history record information 9 as defined in the Illinois Uniform Conviction Information Act 10 and information maintained in the Statewide Central Juvenile 11 record system as defined in subdivision (A)19 of this Section 12 if the Department of Children and Family Services determines 13 the information is necessary to perform its duties under the 14 Abused and Neglected Child Reporting Act, the Child Care Act 15 of 1969, and the Children and Family Services Act. The 16 request shall be in the form and manner specified by the 17 Department of State Police. 18 35. The Illinois Department of Public Aid is an 19 authorized entity under this Section for the purpose of 20 exchanging information, in the form and manner required by 21 the Department of State Police, to facilitate the location of 22 individuals for establishing paternity, and establishing, 23 modifying, and enforcing child support obligations, pursuant 24 to the Illinois Public Aid Code and Title IV, Part D of the 25 Social Security Act. 26 36. Upon request of the Department of Human Services, to 27 conduct an assessment and evaluation of sexually violent 28 persons as mandated by the Sexually Violent Persons 29 Commitment Act, the Department shall furnish criminal history 30 information maintained on the requested person. The request 31 shall be in the form and manner specified by the Department. 32 37. Upon the request of the chief of a volunteer fire 33 department, the Department shall conduct criminal background 34 investigations of prospective firefighters and report to the HB1029 Engrossed -37- LRB9206336JMcs 1 requesting chief any record of convictions maintained in the 2 Department's files about those persons. The Department may 3 charge a fee, based on actual costs, for the dissemination of 4 conviction information under this paragraph. The Department 5 may prescribe the form and manner for requesting and 6 furnishing conviction information under this paragraph. 7 (B) The Department of State Police may establish and 8 maintain, within the Department of State Police, a Statewide 9 Organized Criminal Gang Database (SWORD) for the purpose of 10 tracking organized criminal gangs and their memberships. 11 Information in the database may include, but not be limited 12 to, the name, last known address, birth date, physical 13 descriptions (such as scars, marks, or tattoos), officer 14 safety information, organized gang affiliation, and entering 15 agency identifier. The Department may develop, in 16 consultation with the Criminal Justice Information Authority, 17 and in a form and manner prescribed by the Department, an 18 automated data exchange system to compile, to maintain, and 19 to make this information electronically available to 20 prosecutors and to other law enforcement agencies. The 21 information may be used by authorized agencies to combat the 22 operations of organized criminal gangs statewide. 23 (C) The Department of State Police may ascertain the 24 number of bilingual police officers and other personnel 25 needed to provide services in a language other than English 26 and may establish, under applicable personnel rules and 27 Department guidelines or through a collective bargaining 28 agreement, a bilingual pay supplement program. 29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 30 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 31 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 32 10-6-98; 91-371, eff. 1-1-00.) 33 (Text of Section from P.A. 91-660) 34 Sec. 55a. Powers and duties. HB1029 Engrossed -38- LRB9206336JMcs 1 (A) The Department of State Police shall have the 2 following powers and duties, and those set forth in Sections 3 55a-1 through 55c: 4 1. To exercise the rights, powers and duties which have 5 been vested in the Department of Public Safety by the State 6 Police Act. 7 2. To exercise the rights, powers and duties which have 8 been vested in the Department of Public Safety by the State 9 Police Radio Act. 10 3. To exercise the rights, powers and duties which have 11 been vested in the Department of Public Safety by the 12 Criminal Identification Act. 13 4. To (a) investigate the origins, activities, personnel 14 and incidents of crime and the ways and means to redress the 15 victims of crimes, and study the impact, if any, of 16 legislation relative to the effusion of crime and growing 17 crime rates, and enforce the criminal laws of this State 18 related thereto, (b) enforce all laws regulating the 19 production, sale, prescribing, manufacturing, administering, 20 transporting, having in possession, dispensing, delivering, 21 distributing, or use of controlled substances and cannabis, 22 (c) employ skilled experts, scientists, technicians, 23 investigators or otherwise specially qualified persons to aid 24 in preventing or detecting crime, apprehending criminals, or 25 preparing and presenting evidence of violations of the 26 criminal laws of the State, (d) cooperate with the police of 27 cities, villages and incorporated towns, and with the police 28 officers of any county, in enforcing the laws of the State 29 and in making arrests and recovering property, (e) apprehend 30 and deliver up any person charged in this State or any other 31 State of the United States with treason, felony, or other 32 crime, who has fled from justice and is found in this State, 33 and (f) conduct such other investigations as may be provided 34 by law. Persons exercising these powers within the Department HB1029 Engrossed -39- LRB9206336JMcs 1 are conservators of the peace and as such have all the powers 2 possessed by policemen in cities and sheriffs, except that 3 they may exercise such powers anywhere in the State in 4 cooperation with and after contact with the local law 5 enforcement officials. Such persons may use false or 6 fictitious names in the performance of their duties under 7 this paragraph, upon approval of the Director, and shall not 8 be subject to prosecution under the criminal laws for such 9 use. 10 5. To: (a) be a central repository and custodian of 11 criminal statistics for the State, (b) be a central 12 repository for criminal history record information, (c) 13 procure and file for record such information as is necessary 14 and helpful to plan programs of crime prevention, law 15 enforcement and criminal justice, (d) procure and file for 16 record such copies of fingerprints, as may be required by 17 law, (e) establish general and field crime laboratories, (f) 18 register and file for record such information as may be 19 required by law for the issuance of firearm owner's 20 identification cards, (g) employ polygraph operators, 21 laboratory technicians and other specially qualified persons 22 to aid in the identification of criminal activity, and (h) 23 undertake such other identification, information, laboratory, 24 statistical or registration activities as may be required by 25 law. 26 6. To (a) acquire and operate one or more radio 27 broadcasting stations in the State to be used for police 28 purposes, (b) operate a statewide communications network to 29 gather and disseminate information for law enforcement 30 agencies, (c) operate an electronic data processing and 31 computer center for the storage and retrieval of data 32 pertaining to criminal activity, and (d) undertake such other 33 communication activities as may be required by law. 34 7. To provide, as may be required by law, assistance to HB1029 Engrossed -40- LRB9206336JMcs 1 local law enforcement agencies through (a) training, 2 management and consultant services for local law enforcement 3 agencies, and (b) the pursuit of research and the publication 4 of studies pertaining to local law enforcement activities. 5 8. To exercise the rights, powers and duties which have 6 been vested in the Department of State Police and the 7 Director of the Department of State Police by the Narcotic 8 Control Division Abolition Act. 9 9. To exercise the rights, powers and duties which have 10 been vested in the Department of Public Safety by the 11 Illinois Vehicle Code. 12 10. To exercise the rights, powers and duties which have 13 been vested in the Department of Public Safety by the Firearm 14 Owners Identification Card Act. 15 11. To enforce and administer such other laws in 16 relation to law enforcement as may be vested in the 17 Department. 18 12. To transfer jurisdiction of any realty title to 19 which is held by the State of Illinois under the control of 20 the Department to any other department of the State 21 government or to the State Employees Housing Commission, or 22 to acquire or accept Federal land, when such transfer, 23 acquisition or acceptance is advantageous to the State and is 24 approved in writing by the Governor. 25 13. With the written approval of the Governor, to enter 26 into agreements with other departments created by this Act, 27 for the furlough of inmates of the penitentiary to such other 28 departments for their use in research programs being 29 conducted by them. 30 For the purpose of participating in such research 31 projects, the Department may extend the limits of any 32 inmate's place of confinement, when there is reasonable cause 33 to believe that the inmate will honor his or her trust by 34 authorizing the inmate, under prescribed conditions, to leave HB1029 Engrossed -41- LRB9206336JMcs 1 the confines of the place unaccompanied by a custodial agent 2 of the Department. The Department shall make rules governing 3 the transfer of the inmate to the requesting other department 4 having the approved research project, and the return of such 5 inmate to the unextended confines of the penitentiary. Such 6 transfer shall be made only with the consent of the inmate. 7 The willful failure of a prisoner to remain within the 8 extended limits of his or her confinement or to return within 9 the time or manner prescribed to the place of confinement 10 designated by the Department in granting such extension shall 11 be deemed an escape from custody of the Department and 12 punishable as provided in Section 3-6-4 of the Unified Code 13 of Corrections. 14 14. To provide investigative services, with all of the 15 powers possessed by policemen in cities and sheriffs, in and 16 around all race tracks subject to the Horse Racing Act of 17 1975. 18 15. To expend such sums as the Director deems necessary 19 from Contractual Services appropriations for the Division of 20 Criminal Investigation for the purchase of evidence and for 21 the employment of persons to obtain evidence. Such sums shall 22 be advanced to agents authorized by the Director to expend 23 funds, on vouchers signed by the Director. 24 16. To assist victims and witnesses in gang crime 25 prosecutions through the administration of funds appropriated 26 from the Gang Violence Victims and Witnesses Fund to the 27 Department. Such funds shall be appropriated to the 28 Department and shall only be used to assist victims and 29 witnesses in gang crime prosecutions and such assistance may 30 include any of the following: 31 (a) temporary living costs; 32 (b) moving expenses; 33 (c) closing costs on the sale of private residence; 34 (d) first month's rent; HB1029 Engrossed -42- LRB9206336JMcs 1 (e) security deposits; 2 (f) apartment location assistance; 3 (g) other expenses which the Department considers 4 appropriate; and 5 (h) compensation for any loss of or injury to real 6 or personal property resulting from a gang crime to a 7 maximum of $5,000, subject to the following provisions: 8 (1) in the case of loss of property, the 9 amount of compensation shall be measured by the 10 replacement cost of similar or like property which 11 has been incurred by and which is substantiated by 12 the property owner, 13 (2) in the case of injury to property, the 14 amount of compensation shall be measured by the cost 15 of repair incurred and which can be substantiated by 16 the property owner, 17 (3) compensation under this provision is a 18 secondary source of compensation and shall be 19 reduced by any amount the property owner receives 20 from any other source as compensation for the loss 21 or injury, including, but not limited to, personal 22 insurance coverage, 23 (4) no compensation may be awarded if the 24 property owner was an offender or an accomplice of 25 the offender, or if the award would unjustly benefit 26 the offender or offenders, or an accomplice of the 27 offender or offenders. 28 No victim or witness may receive such assistance if he or 29 she is not a part of or fails to fully cooperate in the 30 prosecution of gang crime members by law enforcement 31 authorities. 32 The Department shall promulgate any rules necessary for 33 the implementation of this amendatory Act of 1985. 34 17. To conduct arson investigations. HB1029 Engrossed -43- LRB9206336JMcs 1 18. To develop a separate statewide statistical police 2 contact record keeping system for the study of juvenile 3 delinquency. The records of this police contact system shall 4 be limited to statistical information. No individually 5 identifiable information shall be maintained in the police 6 contact statistical record system. 7 19. To develop a separate statewide central juvenile 8 records system for persons arrested prior to the age of 17 9 under Section 5-401 of the Juvenile Court Act of 1987 or 10 adjudicated delinquent minors and to make information 11 available to local law enforcement officers so that law 12 enforcement officers will be able to obtain rapid access to 13 the background of the minor from other jurisdictions to the 14 end that the juvenile police officers can make appropriate 15 decisions which will best serve the interest of the child and 16 the community. The Department shall submit a quarterly 17 report to the General Assembly and Governor which shall 18 contain the number of juvenile records that the Department 19 has received in that quarter and a list, by category, of 20 offenses that minors were arrested for or convicted of by 21 age, race and gender. 22 20. To develop rules which guarantee the confidentiality 23 of such individually identifiable juvenile records except to 24 juvenile authorities who request information concerning the 25 minor and who certify in writing that the information will 26 not be disclosed to any other party except as provided under 27 law or order of court. For purposes of this Section, 28 "juvenile authorities" means: (i) a judge of the circuit 29 court and members of the staff of the court designated by the 30 judge; (ii) parties to the proceedings under the Juvenile 31 Court Act of 1987 and their attorneys; (iii) probation 32 officers and court appointed advocates for the juvenile 33 authorized by the judge hearing the case; (iv) any individual 34 or public or private agency having custody of the child HB1029 Engrossed -44- LRB9206336JMcs 1 pursuant to court order; (v) any individual or public or 2 private agency providing education, medical or mental health 3 service to the child when the requested information is needed 4 to determine the appropriate service or treatment for the 5 minor; (vi) any potential placement provider when such 6 release is authorized by the court for the limited purpose of 7 determining the appropriateness of the potential placement; 8 (vii) law enforcement officers and prosecutors; (viii) adult 9 and juvenile prisoner review boards; (ix) authorized military 10 personnel; (x) individuals authorized by court; (xi) the 11 Illinois General Assembly or any committee or commission 12 thereof. 13 21. To develop administrative rules and administrative 14 hearing procedures which allow a minor, his or her attorney, 15 and his or her parents or guardian access to individually 16 identifiable juvenile records for the purpose of determining 17 or challenging the accuracy of the records. Final 18 administrative decisions shall be subject to the provisions 19 of the Administrative Review Law. 20 22. To charge, collect, and receive fees or moneys 21 equivalent to the cost of providing Department of State 22 Police personnel, equipment, and services to local 23 governmental agencies when explicitly requested by a local 24 governmental agency and pursuant to an intergovernmental 25 agreement as provided by this Section, other State agencies, 26 and federal agencies, including but not limited to fees or 27 moneys equivalent to the cost of providing dispatching 28 services, radio and radar repair, and training to local 29 governmental agencies on such terms and conditions as in the 30 judgment of the Director are in the best interest of the 31 State; and to establish, charge, collect and receive fees or 32 moneys based on the cost of providing responses to requests 33 for criminal history record information pursuant to positive 34 identification and any Illinois or federal law authorizing HB1029 Engrossed -45- LRB9206336JMcs 1 access to some aspect of such information and to prescribe 2 the form and manner for requesting and furnishing such 3 information to the requestor on such terms and conditions as 4 in the judgment of the Director are in the best interest of 5 the State, provided fees for requesting and furnishing 6 criminal history record information may be waived for 7 requests in the due administration of the criminal laws. The 8 Department may also charge, collect and receive fees or 9 moneys equivalent to the cost of providing electronic data 10 processing lines or related telecommunication services to 11 local governments, but only when such services can be 12 provided by the Department at a cost less than that 13 experienced by said local governments through other means. 14 All services provided by the Department shall be conducted 15 pursuant to contracts in accordance with the 16 Intergovernmental Cooperation Act, and all telecommunication 17 services shall be provided pursuant to the provisions of 18 Section 67.18 of this Code. 19 All fees received by the Department of State Police under 20 this Act or the Illinois Uniform Conviction Information Act 21 shall be deposited in a special fund in the State Treasury to 22 be known as the State Police Services Fund. The money 23 deposited in the State Police Services Fund shall be 24 appropriated to the Department of State Police for expenses 25 of the Department of State Police. 26 Upon the completion of any audit of the Department of 27 State Police as prescribed by the Illinois State Auditing 28 Act, which audit includes an audit of the State Police 29 Services Fund, the Department of State Police shall make the 30 audit open to inspection by any interested person. 31 23. To exercise the powers and perform the duties which 32 have been vested in the Department of State Police by the 33 Intergovernmental Missing Child Recovery Act of 1984, and to 34 establish reasonable rules and regulations necessitated HB1029 Engrossed -46- LRB9206336JMcs 1 thereby. 2 24. (a) To establish and maintain a statewide Law 3 Enforcement Agencies Data System (LEADS) for the purpose of 4 providing electronic access by authorized entities to 5 criminal justice data repositories and effecting an immediate 6 law enforcement response to reports of missing persons, 7 including lost, missing or runaway minors. The Department 8 shall implement an automatic data exchange system to compile, 9 to maintain and to make available to other law enforcement 10 agencies for immediate dissemination data which can assist 11 appropriate agencies in recovering missing persons and 12 provide access by authorized entities to various data 13 repositories available through LEADS for criminal justice and 14 related purposes. To assist the Department in this effort, 15 funds may be appropriated from the LEADS Maintenance Fund. 16 (b) In exercising its duties under this subsection, the 17 Department shall: 18 (1) provide a uniform reporting format for the 19 entry of pertinent information regarding the report of a 20 missing person into LEADS; 21 (2) develop and implement a policy whereby a 22 statewide or regional alert would be used in situations 23 relating to the disappearances of individuals, based on 24 criteria and in a format established by the Department. 25 Such a format shall include, but not be limited to, the 26 age of the missing person and the suspected circumstance 27 of the disappearance; 28 (3) notify all law enforcement agencies that 29 reports of missing persons shall be entered as soon as 30 the minimum level of data specified by the Department is 31 available to the reporting agency, and that no waiting 32 period for the entry of such data exists; 33 (4) compile and retain information regarding lost, 34 abducted, missing or runaway minors in a separate data HB1029 Engrossed -47- LRB9206336JMcs 1 file, in a manner that allows such information to be used 2 by law enforcement and other agencies deemed appropriate 3 by the Director, for investigative purposes. Such 4 information shall include the disposition of all reported 5 lost, abducted, missing or runaway minor cases; 6 (5) compile and maintain an historic data 7 repository relating to lost, abducted, missing or runaway 8 minors and other missing persons in order to develop and 9 improve techniques utilized by law enforcement agencies 10 when responding to reports of missing persons; and 11 (6) create a quality control program regarding 12 confirmation of missing person data, timeliness of 13 entries of missing person reports into LEADS and 14 performance audits of all entering agencies. 15 25. On request of a school board or regional 16 superintendent of schools, to conduct an inquiry pursuant to 17 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 18 an applicant for employment in a school district has been 19 convicted of any criminal or drug offenses enumerated in 20 Section 10-21.9 or 34-18.5 of the School Code. The 21 Department shall furnish such conviction information to the 22 President of the school board of the school district which 23 has requested the information, or if the information was 24 requested by the regional superintendent to that regional 25 superintendent. 26 26. To promulgate rules and regulations necessary for 27 the administration and enforcement of its powers and duties, 28 wherever granted and imposed, pursuant to the Illinois 29 Administrative Procedure Act. 30 27. To (a) promulgate rules pertaining to the 31 certification, revocation of certification and training of 32 law enforcement officers as electronic criminal surveillance 33 officers, (b) provide training and technical assistance to 34 State's Attorneys and local law enforcement agencies HB1029 Engrossed -48- LRB9206336JMcs 1 pertaining to the interception of private oral 2 communications, (c) promulgate rules necessary for the 3 administration of Article 108B of the Code of Criminal 4 Procedure of 1963, including but not limited to standards for 5 recording and minimization of electronic criminal 6 surveillance intercepts, documentation required to be 7 maintained during an intercept, procedures in relation to 8 evidence developed by an intercept, and (d) charge a 9 reasonable fee to each law enforcement agency that sends 10 officers to receive training as electronic criminal 11 surveillance officers. 12 28. Upon the request of any private organization which 13 devotes a major portion of its time to the provision of 14 recreational, social, educational or child safety services to 15 children, to conduct, pursuant to positive identification, 16 criminal background investigations of all of that 17 organization's current employees, current volunteers, 18 prospective employees or prospective volunteers charged with 19 the care and custody of children during the provision of the 20 organization's services, and to report to the requesting 21 organization any record of convictions maintained in the 22 Department's files about such persons. The Department shall 23 charge an application fee, based on actual costs, for the 24 dissemination of conviction information pursuant to this 25 subsection. The Department is empowered to establish this 26 fee and shall prescribe the form and manner for requesting 27 and furnishing conviction information pursuant to this 28 subsection. Information received by the organization from the 29 Department concerning an individual shall be provided to such 30 individual. Any such information obtained by the 31 organization shall be confidential and may not be transmitted 32 outside the organization and may not be transmitted to anyone 33 within the organization except as needed for the purpose of 34 evaluating the individual. Only information and standards HB1029 Engrossed -49- LRB9206336JMcs 1 which bear a reasonable and rational relation to the 2 performance of child care shall be used by the organization. 3 Any employee of the Department or any member, employee or 4 volunteer of the organization receiving confidential 5 information under this subsection who gives or causes to be 6 given any confidential information concerning any criminal 7 convictions of an individual shall be guilty of a Class A 8 misdemeanor unless release of such information is authorized 9 by this subsection. 10 29. Upon the request of the Department of Children and 11 Family Services, to investigate reports of child abuse or 12 neglect. 13 30. To obtain registration of a fictitious vital record 14 pursuant to Section 15.1 of the Vital Records Act. 15 31. To collect and disseminate information relating to 16 "hate crimes" as defined under Section 12-7.1 of the Criminal 17 Code of 1961 contingent upon the availability of State or 18 Federal funds to revise and upgrade the Illinois Uniform 19 Crime Reporting System. All law enforcement agencies shall 20 report monthly to the Department of State Police concerning 21 such offenses in such form and in such manner as may be 22 prescribed by rules and regulations adopted by the Department 23 of State Police. Such information shall be compiled by the 24 Department and be disseminated upon request to any local law 25 enforcement agency, unit of local government, or state 26 agency. Dissemination of such information shall be subject 27 to all confidentiality requirements otherwise imposed by law. 28 The Department of State Police shall provide training for 29 State Police officers in identifying, responding to, and 30 reporting all hate crimes. The Illinois Law Enforcement 31 Training Standards Board shall develop and certify a course 32 of such training to be made available to local law 33 enforcement officers. 34 32. Upon the request of a private carrier company that HB1029 Engrossed -50- LRB9206336JMcs 1 provides transportation under Section 28b of the Metropolitan 2 Transit Authority Act, to ascertain if an applicant for a 3 driver position has been convicted of any criminal or drug 4 offense enumerated in Section 28b of the Metropolitan Transit 5 Authority Act. The Department shall furnish the conviction 6 information to the private carrier company that requested the 7 information. 8 33. To apply for grants or contracts, receive, expend, 9 allocate, or disburse funds and moneys made available by 10 public or private entities, including, but not limited to, 11 contracts, bequests, grants, or receiving equipment from 12 corporations, foundations, or public or private institutions 13 of higher learning. All funds received by the Department 14 from these sources shall be deposited into the appropriate 15 fund in the State Treasury to be appropriated to the 16 Department for purposes as indicated by the grantor or 17 contractor or, in the case of funds or moneys bequeathed or 18 granted for no specific purpose, for any purpose as deemed 19 appropriate by the Director in administering the 20 responsibilities of the Department. 21 34. Upon the request of the Department of Children and 22 Family Services, the Department of State Police shall provide 23 properly designated employees of the Department of Children 24 and Family Services with criminal history record information 25 as defined in the Illinois Uniform Conviction Information Act 26 and information maintained in the Statewide Central Juvenile 27 record system as defined in subdivision (A)19 of this Section 28 if the Department of Children and Family Services determines 29 the information is necessary to perform its duties under the 30 Abused and Neglected Child Reporting Act, the Child Care Act 31 of 1969, and the Children and Family Services Act. The 32 request shall be in the form and manner specified by the 33 Department of State Police. 34 35. The Illinois Department of Public Aid is an HB1029 Engrossed -51- LRB9206336JMcs 1 authorized entity under this Section for the purpose of 2 exchanging information, in the form and manner required by 3 the Department of State Police, to facilitate the location of 4 individuals for establishing paternity, and establishing, 5 modifying, and enforcing child support obligations, pursuant 6 to the Illinois Public Aid Code and Title IV, Part D of the 7 Social Security Act. 8 36. Upon request of the Department of Human Services, to 9 conduct an assessment and evaluation of sexually violent 10 persons as mandated by the Sexually Violent Persons 11 Commitment Act, the Department shall furnish criminal history 12 information maintained on the requested person. The request 13 shall be in the form and manner specified by the Department. 14 37. To exercise the powers and perform the duties 15 specifically assigned to the Department under the Wireless 16 Emergency Telephone Safety Act with respect to the 17 development and improvement of emergency communications 18 procedures and facilities in such a manner as to facilitate a 19 quick response to any person calling the number "9-1-1" 20 seeking police, fire, medical, or other emergency services 21 through a wireless carrier as defined in Section 10 of the 22 Wireless Emergency Telephone Safety Act. Nothing in the 23 Wireless Emergency Telephone Safety Act shall require the 24 Illinois State Police to provide wireless enhanced 9-1-1 25 services. 26 (B) The Department of State Police may establish and 27 maintain, within the Department of State Police, a Statewide 28 Organized Criminal Gang Database (SWORD) for the purpose of 29 tracking organized criminal gangs and their memberships. 30 Information in the database may include, but not be limited 31 to, the name, last known address, birth date, physical 32 descriptions (such as scars, marks, or tattoos), officer 33 safety information, organized gang affiliation, and entering 34 agency identifier. The Department may develop, in HB1029 Engrossed -52- LRB9206336JMcs 1 consultation with the Criminal Justice Information Authority, 2 and in a form and manner prescribed by the Department, an 3 automated data exchange system to compile, to maintain, and 4 to make this information electronically available to 5 prosecutors and to other law enforcement agencies. The 6 information may be used by authorized agencies to combat the 7 operations of organized criminal gangs statewide. 8 (C) The Department of State Police may ascertain the 9 number of bilingual police officers and other personnel 10 needed to provide services in a language other than English 11 and may establish, under applicable personnel rules and 12 Department guidelines or through a collective bargaining 13 agreement, a bilingual pay supplement program. 14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 16 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 17 1-21-99; 91-660, eff. 12-22-99.) 18 Section 20. The Local Records Act is amended by changing 19 Section 3b as follows: 20 (50 ILCS 205/3b) 21 Sec. 3b. Arrest reports. 22 (a) When an individual is arrested, the following 23 information must be made available to the news media for 24 inspection and copying: 25 (1) Information that identifies the individual 26person, including the name, age, address, and photograph, 27 when and if available. 28 (2) Information detailing any charges relating to 29 the arrest. 30 (3) The time and location of the arrest. 31 (4) The name of the investigating or arresting law 32 enforcement agency. HB1029 Engrossed -53- LRB9206336JMcs 1 (5) If the individual is incarcerated, the amount 2 of any bail or bond. 3 (6) If the individual is incarcerated, the time and 4 date that the individual was received, discharged, or 5 transferred from the arresting agency's custody. 6 (b) The information required by this Section must be 7 made available to the news media for inspection and copying 8 as soon as practicable, but in no event shall the time period 9 exceed 72 hours from the arrest. The information described 10 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 11 subsection (a), however, may be withheld if it is determined 12 that disclosure would: 13 (1) interfere with pending or actually and 14 reasonably contemplated law enforcement proceedings 15 conducted by any law enforcement or correctional agency; 16 (2) endanger the life or physical safety of law 17 enforcement or correctional personnel or any other 18 person; or 19 (3) compromise the security of any correctional 20 facility. 21 (c) For the purposes of this Section the term "news 22 media" means personnel of a newspaper or other periodical 23 issued at regular intervals whether in print or electronic 24 format, a news service whether in print or electronic format, 25 a radio station, a television station, a television network, 26 a community antenna television service, or a person or 27 corporation engaged in making news reels or other motion 28 picture news for public showing. 29 (d) Each law enforcement or correctional agency may 30 charge fees for arrest records, but in no instance may the 31 fee exceed the actual cost of copying and reproduction. The 32 fees may not include the cost of the labor used to reproduce 33 the arrest record. 34 (e) The provisions of this Section do not supersede the HB1029 Engrossed -54- LRB9206336JMcs 1 confidentiality provisions for arrest records of the Juvenile 2 Court Act of 1987. 3 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 4 Section 25. The Campus Security Act is amended by 5 changing Section 15 as follows: 6 (110 ILCS 12/15) 7 Sec. 15. Arrest reports. 8 (a) When an individual is arrested, the following 9 information must be made available to the news media for 10 inspection and copying: 11 (1) Information that identifies the individual 12person, including the name, age, address, and photograph, 13 when and if available. 14 (2) Information detailing any charges relating to 15 the arrest. 16 (3) The time and location of the arrest. 17 (4) The name of the investigating or arresting law 18 enforcement agency. 19 (5) If the individual is incarcerated, the amount 20 of any bail or bond. 21 (6) If the individual is incarcerated, the time and 22 date that the individual was received, discharged, or 23 transferred from the arresting agency's custody. 24 (b) The information required by this Section must be 25 made available to the news media for inspection and copying 26 as soon as practicable, but in no event shall the time period 27 exceed 72 hours from the arrest. The information described 28 in paragraphs (3), (4), (5), and (6)3, 4, 5, and 6of 29 subsection (a), however, may be withheld if it is determined 30 that disclosure would: 31 (1) interfere with pending or actually and 32 reasonably contemplated law enforcement proceedings HB1029 Engrossed -55- LRB9206336JMcs 1 conducted by any law enforcement or correctional agency; 2 (2) endanger the life or physical safety of law 3 enforcement or correctional personnel or any other 4 person; or 5 (3) compromise the security of any correctional 6 facility. 7 (c) For the purposes of this Section the term "news 8 media" means personnel of a newspaper or other periodical 9 issued at regular intervals whether in print or electronic 10 format, a news service whether in print or electronic format, 11 a radio station, a television station, a television network, 12 a community antenna television service, or a person or 13 corporation engaged in making news reels or other motion 14 picture news for public showing. 15 (d) Each law enforcement or correctional agency may 16 charge fees for arrest records, but in no instance may the 17 fee exceed the actual cost of copying and reproduction. The 18 fees may not include the cost of the labor used to reproduce 19 the arrest record. 20 (e) The provisions of this Section do not supersede the 21 confidentiality provisions for arrest records of the Juvenile 22 Court Act of 1987. 23 (Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.) 24 Section 30. The Illinois Vehicle Code is amended by 25 changing Section 1-148.5 as follows: 26 (625 ILCS 5/1-148.5) 27 Sec. 1-148.5. News media. A newspaper or other 28 periodical issued at regular intervals whether in print or 29 electronic format, a news service whether in print or 30 electronic format, a radio station, a television station, a 31 television network, a community antenna television service, 32 or a person or corporation engaged in making news reels or HB1029 Engrossed -56- LRB9206336JMcs 1 other motion picture news for public showing. 2 (Source: P.A. 90-144, eff. 7-23-97.) 3 Section 35. The Code of Civil Procedure is amended by 4 changing Section 8-902 as follows: 5 (735 ILCS 5/8-902) (from Ch. 110, par. 8-902) 6 Sec. 8-902. Definitions. As used in this Act: 7 (a) "reporter" means any person regularly engaged in the 8 business of collecting, writing or editing news for 9 publication through a news medium on a full-time or part-time 10 basis; and includes any person who was a reporter at the time 11 the information sought was procured or obtained. 12 (b) "news medium" means any newspaper or other 13 periodical issued at regular intervals whether in print or 14 electronic format and having a general circulation; a news 15 service whether in print or electronic format; a radio 16 station; a television station; a television network; a 17 community antenna television service; and any person or 18 corporation engaged in the making of news reels or other 19 motion picture news for public showing. 20 (c) "source" means the person or means from or through 21 which the news or information was obtained. 22 (Source: P.A. 84-398.) 23 Section 95. No acceleration or delay. Where this Act 24 makes changes in a statute that is represented in this Act by 25 text that is not yet or no longer in effect (for example, a 26 Section represented by multiple versions), the use of that 27 text does not accelerate or delay the taking effect of (i) 28 the changes made by this Act or (ii) provisions derived from 29 any other Public Act. 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.