Bill Amendment: IL HB2412 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE POLICE-ORGANIZATION
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-House_Amendment_001.html
Bill Title: STATE POLICE-ORGANIZATION
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0034 [HB2412 Detail]
Download: Illinois-2023-HB2412-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2412
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2 | AMENDMENT NO. ______. Amend House Bill 2412 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Gun Trafficking Information Act is amended | ||||||
5 | by changing Section 10-5 as follows:
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6 | (5 ILCS 830/10-5)
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7 | Sec. 10-5. Gun trafficking information.
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8 | (a) The Illinois State Police shall use all reasonable | ||||||
9 | efforts , as allowed by State law and regulations, federal law | ||||||
10 | and regulations, and executed Memoranda of Understanding | ||||||
11 | between Illinois law enforcement agencies and the U.S. Bureau | ||||||
12 | of Alcohol, Tobacco, Firearms and Explosives, in making | ||||||
13 | publicly available, on a regular and ongoing
basis, key | ||||||
14 | information related to firearms used in the
commission of | ||||||
15 | crimes in this State that are reported to and investigated by | ||||||
16 | the Illinois State Police , including, but not limited
to: |
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1 | reports on crimes committed with firearms, locations where
the | ||||||
2 | crimes occurred, the number of persons killed or injured in
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3 | the commission of the crimes, the state where the firearms | ||||||
4 | used
originated, the Federal Firearms Licensee that sold the | ||||||
5 | firearm, the type of firearms used , if known , annual | ||||||
6 | statistical information concerning Firearm Owner's | ||||||
7 | Identification Card and concealed carry license applications, | ||||||
8 | revocations, and compliance with Section 9.5 of the Firearm | ||||||
9 | Owners Identification Card Act, the information required in | ||||||
10 | the report or on the Illinois State Police's website under | ||||||
11 | Section 85 of the Firearms Restraining Order Act firearm | ||||||
12 | restraining order dispositions , and firearm dealer license | ||||||
13 | certification inspections. The Illinois State Police
shall | ||||||
14 | make the information available on its
website, which may be | ||||||
15 | presented in a dashboard format, in addition to electronically | ||||||
16 | filing a report with the
Governor and the General Assembly. | ||||||
17 | The report to the General
Assembly shall be filed with the | ||||||
18 | Clerk of the House of
Representatives and the Secretary of the | ||||||
19 | Senate in electronic
form only, in the manner that the Clerk | ||||||
20 | and the Secretary shall
direct.
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21 | (b) The Illinois State Police shall study, on a regular | ||||||
22 | and ongoing basis, and compile reports on the number of | ||||||
23 | Firearm Owner's Identification Card checks to determine | ||||||
24 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
25 | State Police shall, to the extent not inconsistent with law, | ||||||
26 | share such reports and underlying data with academic centers, |
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1 | foundations, and law enforcement agencies studying firearms | ||||||
2 | trafficking, provided that personally identifying information | ||||||
3 | is protected. For purposes of this subsection (b), a Firearm | ||||||
4 | Owner's Identification Card number is not personally | ||||||
5 | identifying information, provided that no other personal | ||||||
6 | information of the card holder is attached to the record. The | ||||||
7 | Illinois State Police may create and attach an alternate | ||||||
8 | unique identifying number to each Firearm Owner's | ||||||
9 | Identification Card number, instead of releasing the Firearm | ||||||
10 | Owner's Identification Card number itself. | ||||||
11 | (c) Each department, office, division, and agency of this
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12 | State shall, to the extent not inconsistent with law, | ||||||
13 | cooperate
fully with the Illinois State Police and furnish the
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14 | Illinois State Police with all relevant information and | ||||||
15 | assistance on a
timely basis as is necessary to accomplish the | ||||||
16 | purpose of this
Act. The Illinois Criminal Justice Information | ||||||
17 | Authority shall submit the information required in subsection | ||||||
18 | (a) of this Section to the Illinois State Police, and any other | ||||||
19 | information as the Illinois State Police may request, to | ||||||
20 | assist the Illinois State Police in carrying out its duties | ||||||
21 | under this Act.
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22 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
23 | 102-813, eff. 5-13-22.)
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24 | Section 10. The Illinois State Police Law of the
Civil | ||||||
25 | Administrative Code of Illinois is amended by changing |
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1 | Sections 2605-10, 2605-30, 2605-35, 2605-40, 2605-45, 2605-51, | ||||||
2 | 2605-52, and 2605-200 as follows:
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3 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
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4 | Sec. 2605-10. Powers and duties, generally. | ||||||
5 | (a) The Illinois State Police shall exercise the rights, | ||||||
6 | powers, and duties that have been vested in the Illinois State | ||||||
7 | Police by the following: | ||||||
8 | The Illinois State Police Act. | ||||||
9 | The Illinois State Police Radio Act. | ||||||
10 | The Criminal Identification Act. | ||||||
11 | The Illinois Vehicle Code. | ||||||
12 | The Firearm Owners Identification Card Act. | ||||||
13 | The Firearm Concealed Carry Act. | ||||||
14 | The Firearm Dealer License Certification Act Gun Dealer | ||||||
15 | Licensing Act . | ||||||
16 | The Intergovernmental Missing Child Recovery Act of 1984. | ||||||
17 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
18 | The Narcotic Control Division Abolition Act. | ||||||
19 | The Illinois Uniform Conviction Information Act. | ||||||
20 | The Murderer and Violent Offender Against Youth | ||||||
21 | Registration Act. | ||||||
22 | (b) The Illinois State Police shall have the
powers and | ||||||
23 | duties set forth in the following Sections.
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24 | (Source: P.A. 102-538, eff. 8-20-21.)
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1 | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
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2 | Sec. 2605-30. Division of Patrol Operations (formerly | ||||||
3 | State Troopers). The
Division of Patrol Operations shall | ||||||
4 | exercise the following
functions and those in Section 2605-35:
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5 | (1) Cooperate with federal and State authorities | ||||||
6 | requesting
utilization
of the Illinois State Police's | ||||||
7 | radio network system under the Illinois Aeronautics
Act.
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8 | (2) Exercise the rights, powers, and duties of the | ||||||
9 | Illinois State
Police under the Illinois State Police Act.
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10 | (2.5) Provide uniformed patrol of Illinois highways | ||||||
11 | and proactively enforce criminal and traffic laws.
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12 | (3) (Blank).
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13 | (4) Exercise the rights, powers, and duties of the | ||||||
14 | Illinois State Police vested by
law in the Illinois State | ||||||
15 | Police by the Illinois Vehicle
Code.
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16 | (5) Exercise other duties that have been or may be | ||||||
17 | vested by law in the
Illinois State Police.
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18 | (6) Exercise other duties that may be assigned by the | ||||||
19 | Director in order to
fulfill the responsibilities and to | ||||||
20 | achieve the purposes of the Illinois State Police.
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21 | (7) Provide comprehensive law enforcement services to | ||||||
22 | the public and to county, municipal, and federal law | ||||||
23 | enforcement agencies. | ||||||
24 | (8) Patrol Illinois highways with the intent to | ||||||
25 | interdict crime and ensure traffic safety while assisting | ||||||
26 | citizens during times of need. |
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1 | (Source: P.A. 102-538, eff. 8-20-21.)
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2 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
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3 | Sec. 2605-35. Division of Criminal
Investigation. | ||||||
4 | (a) The Division of Criminal
Investigation shall exercise
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5 | the following functions and those in Section 2605-30:
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6 | (1) Exercise the rights, powers, and duties vested by
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7 | law in the Illinois State Police by the Illinois Horse | ||||||
8 | Racing Act of 1975, including those set forth in Section | ||||||
9 | 2605-215.
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10 | (2) Investigate the origins, activities, personnel, | ||||||
11 | and
incidents of crime and enforce the criminal laws of | ||||||
12 | this State related thereto.
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13 | (3) Enforce all laws regulating the production, sale,
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14 | prescribing, manufacturing, administering, transporting, | ||||||
15 | having in possession,
dispensing, delivering, | ||||||
16 | distributing, or use of controlled substances
and | ||||||
17 | cannabis.
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18 | (4) Cooperate with the police of cities, villages, and
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19 | incorporated towns and with the police officers of any | ||||||
20 | county in
enforcing the laws of the State and in making | ||||||
21 | arrests and recovering
property.
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22 | (5) Apprehend and deliver up any person charged in | ||||||
23 | this State or any other
state with treason or a felony or | ||||||
24 | other crime who has fled from justice and is
found in this | ||||||
25 | State.
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1 | (6) Investigate recipients and providers under the | ||||||
2 | Illinois Public Aid
Code and any personnel involved in the | ||||||
3 | administration of the Code who are
suspected of any | ||||||
4 | violation of the Code pertaining to fraud in the
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5 | administration, receipt, or provision of assistance and | ||||||
6 | pertaining to any
violation of criminal law; and exercise | ||||||
7 | the functions required under Section
2605-220 in the | ||||||
8 | conduct of those investigations.
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9 | (7) Conduct other investigations as provided by law, | ||||||
10 | including, but not limited to, investigations of human | ||||||
11 | trafficking, illegal drug trafficking, and illegal | ||||||
12 | firearms trafficking , and cybercrimes that can be | ||||||
13 | investigated and prosecuted in Illinois .
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14 | (8) Investigate public corruption.
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15 | (9) Exercise other duties that may be assigned by the | ||||||
16 | Director in order to
fulfill the responsibilities and | ||||||
17 | achieve the purposes of the Illinois State Police, which | ||||||
18 | may include the coordination of gang, terrorist, and | ||||||
19 | organized crime prevention, control activities, and | ||||||
20 | assisting local law enforcement in their crime control | ||||||
21 | activities.
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22 | (10) Conduct investigations (and cooperate with | ||||||
23 | federal law enforcement agencies in the investigation) of | ||||||
24 | any property-related crimes, such as money laundering, | ||||||
25 | involving individuals or entities listed on the sanctions | ||||||
26 | list maintained by the U.S. Department of Treasury's |
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1 | Office of Foreign Asset Control. | ||||||
2 | (11) Oversee special weapons and tactics (SWAT) teams. | ||||||
3 | (12) Oversee Illinois State Police air operations. | ||||||
4 | (13) Investigate criminal domestic terrorism | ||||||
5 | incidents, and otherwise deter all criminal threats to | ||||||
6 | Illinois. | ||||||
7 | (a-5) The Division of Criminal Investigation shall gather | ||||||
8 | information, intelligence, and evidence to facilitate the | ||||||
9 | identification, apprehension, and prosecution of persons | ||||||
10 | responsible for committing crime; to provide specialized | ||||||
11 | intelligence and analysis, investigative, tactical, and | ||||||
12 | technological services in support of law enforcement | ||||||
13 | operations throughout the State of Illinois; and to oversee | ||||||
14 | and operate a statewide criminal intelligence fusion center. | ||||||
15 | (b) (Blank).
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16 | (c) The Division of Criminal
Investigation shall provide | ||||||
17 | statewide coordination and strategy pertaining to | ||||||
18 | firearm-related intelligence, firearms trafficking | ||||||
19 | interdiction, and investigations reaching across all divisions | ||||||
20 | of the Illinois State Police, including providing crime gun | ||||||
21 | intelligence support for suspects and firearms involved in | ||||||
22 | firearms trafficking or the commission of a crime involving | ||||||
23 | firearms that is investigated by the Illinois State Police and | ||||||
24 | other federal, State, and local law enforcement agencies, with | ||||||
25 | the objective of reducing and preventing illegal possession | ||||||
26 | and use of firearms, firearms trafficking, firearm-related |
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1 | homicides, and other firearm-related violent crimes in | ||||||
2 | Illinois. | ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
4 | 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
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5 | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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6 | Sec. 2605-40. Division of Forensic Services. The Division | ||||||
7 | of
Forensic Services shall exercise the following functions:
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8 | (1) Provide crime scene services and traffic crash | ||||||
9 | reconstruction.
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10 | (2) Exercise the rights, powers, and duties vested by
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11 | law in the Illinois State Police by Section 2605-300 of | ||||||
12 | this Law.
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13 | (3) Provide assistance to local law enforcement | ||||||
14 | agencies
through training, management, and consultant | ||||||
15 | services.
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16 | (4) (Blank).
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17 | (5) Exercise other duties that may be assigned by the | ||||||
18 | Director in
order to fulfill the responsibilities and | ||||||
19 | achieve the purposes of the Illinois State Police.
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20 | (6) Establish and operate a forensic science | ||||||
21 | laboratory system,
including a forensic toxicological | ||||||
22 | laboratory service, for the purpose of
testing specimens | ||||||
23 | submitted by coroners and other law enforcement officers
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24 | in their efforts to determine whether alcohol, drugs, or | ||||||
25 | poisonous or other
toxic substances have been involved in |
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1 | deaths, accidents, or illness.
Forensic toxicological | ||||||
2 | laboratories shall be established in Springfield,
Chicago, | ||||||
3 | and elsewhere in the State as needed.
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4 | (6.5) Establish administrative rules in order to set | ||||||
5 | forth standardized requirements for the disclosure of | ||||||
6 | toxicology results and other relevant documents related to | ||||||
7 | a toxicological analysis. These administrative rules are | ||||||
8 | to be adopted to produce uniform and sufficient | ||||||
9 | information to allow a proper, well-informed determination | ||||||
10 | of the admissibility of toxicology evidence and to ensure | ||||||
11 | that this evidence is presented competently. These | ||||||
12 | administrative rules are designed to provide a minimum | ||||||
13 | standard for compliance of toxicology evidence and are not | ||||||
14 | intended to limit the production and discovery of material | ||||||
15 | information. | ||||||
16 | (7) Subject to specific appropriations made for these | ||||||
17 | purposes, establish
and coordinate a system for providing | ||||||
18 | accurate and expedited
forensic science and other | ||||||
19 | investigative and laboratory services to local law
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20 | enforcement agencies and local State's Attorneys in aid of | ||||||
21 | the investigation
and trial of capital cases. | ||||||
22 | (8) Exercise the rights, powers, and duties vested by | ||||||
23 | law in the Illinois State Police under the Sexual Assault | ||||||
24 | Evidence Submission Act. | ||||||
25 | (9) Serve as the State central repository for all | ||||||
26 | genetic marker grouping analysis information and exercise |
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1 | the rights, powers, and duties vested by law in the | ||||||
2 | Illinois State Police under Section 5-4-3 of the Unified | ||||||
3 | Code of Corrections. | ||||||
4 | (10) Issue reports required under Section 5-4-3a of | ||||||
5 | the Unified Code of Corrections. | ||||||
6 | (11) Oversee the Electronic Laboratory Information | ||||||
7 | Management System under Section 5-4-3b of the Unified Code | ||||||
8 | of Corrections.
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9 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
10 | 102-813, eff. 5-13-22.)
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11 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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12 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
13 | of
Justice Services shall provide administrative and technical | ||||||
14 | services and support to the Illinois State Police, criminal | ||||||
15 | justice agencies, and the public and shall exercise the
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16 | following functions:
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17 | (1) Operate and maintain the Law Enforcement Agencies | ||||||
18 | Data System (LEADS), a statewide, computerized | ||||||
19 | telecommunications system designed to provide services, | ||||||
20 | information, and capabilities to the law enforcement and | ||||||
21 | criminal justice community in the State of Illinois. The | ||||||
22 | Director is responsible for establishing policy, | ||||||
23 | procedures, and regulations consistent with State and | ||||||
24 | federal rules, policies, and law by which LEADS operates. | ||||||
25 | The Director shall designate a statewide LEADS |
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1 | Administrator for management of the system. The Director | ||||||
2 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
3 | needs and desires of the law enforcement and criminal | ||||||
4 | justice community and to make recommendations concerning | ||||||
5 | policies and procedures.
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6 | (2) Pursue research and the publication of studies | ||||||
7 | pertaining
to local
law enforcement activities.
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8 | (3) Serve as the State's point of contact for the | ||||||
9 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
10 | Program and National Incident-Based Reporting System.
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11 | (4) Operate an electronic data processing and computer | ||||||
12 | center
for the
storage and retrieval of data pertaining to | ||||||
13 | criminal activity.
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14 | (5) Exercise the rights, powers, and duties vested in
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15 | the Illinois State Police by the Cannabis Regulation and | ||||||
16 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
17 | Program Act.
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18 | (6) (Blank).
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19 | (6.5) Exercise the rights, powers, and duties vested | ||||||
20 | in the Illinois State Police
by the Firearm Owners | ||||||
21 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
22 | the Firearm Transfer Inquiry Program, the prohibited | ||||||
23 | persons portal under Section 2605-304, and the Firearm | ||||||
24 | Dealer License Certification Act.
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25 | (7) Exercise other duties that may be assigned
by the | ||||||
26 | Director to
fulfill the responsibilities and achieve the |
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1 | purposes of the Illinois State Police.
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2 | (8) Exercise the rights, powers, and duties vested by | ||||||
3 | law in the Illinois State Police by the Criminal | ||||||
4 | Identification Act and the Illinois Uniform Conviction | ||||||
5 | Information Act . | ||||||
6 | (9) Exercise the powers and perform the duties that | ||||||
7 | have been vested
in the Illinois State Police by the | ||||||
8 | Murderer and Violent Offender Against Youth Registration | ||||||
9 | Act, the Sex Offender Registration Act , and
the Sex | ||||||
10 | Offender
Community Notification Law and
adopt reasonable | ||||||
11 | rules necessitated thereby. | ||||||
12 | (10) Serve as the State central repository for | ||||||
13 | criminal history record information. | ||||||
14 | (11) Liaise with the Concealed Carry Licensing Review | ||||||
15 | Board and the Firearms Owner's Identification Card Review | ||||||
16 | Board. | ||||||
17 | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
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18 | (20 ILCS 2605/2605-51)
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19 | Sec. 2605-51. Division of the Academy and Training. | ||||||
20 | (a) The Division of the Academy and Training shall | ||||||
21 | exercise, but not be limited to, the following functions: | ||||||
22 | (1) Oversee and operate the Illinois State Police | ||||||
23 | Training Academy. | ||||||
24 | (2) Train and prepare new officers for a career in law | ||||||
25 | enforcement, with innovative, quality training and |
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1 | educational practices. | ||||||
2 | (3) Offer continuing training and educational programs | ||||||
3 | for Illinois State Police employees. | ||||||
4 | (4) Oversee the Illinois State Police's recruitment | ||||||
5 | initiatives. | ||||||
6 | (5) Oversee and operate the Illinois State Police's | ||||||
7 | quartermaster. | ||||||
8 | (6) Duties assigned to the Illinois State Police in | ||||||
9 | Article 5, Chapter 11 of the Illinois Vehicle Code | ||||||
10 | concerning testing and training officers on the detection | ||||||
11 | of impaired driving. | ||||||
12 | (7) Duties assigned to the Illinois State Police in | ||||||
13 | Article 108B of the Code of Criminal Procedure. | ||||||
14 | (b) The Division of the Academy and Training shall | ||||||
15 | exercise the rights, powers, and duties vested in the former | ||||||
16 | Division of State Troopers by Section 17 of the Illinois State | ||||||
17 | Police Act. | ||||||
18 | (c) Specialized training. | ||||||
19 | (1) Training; cultural diversity. The Division of the | ||||||
20 | Academy and Training shall provide training and continuing | ||||||
21 | education to State police officers concerning cultural | ||||||
22 | diversity, including sensitivity toward racial and ethnic | ||||||
23 | differences. This training and continuing education shall | ||||||
24 | include, but not be limited to, an emphasis on the fact | ||||||
25 | that the primary purpose of enforcement of the Illinois | ||||||
26 | Vehicle Code is safety and equal and uniform enforcement |
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1 | under the law. | ||||||
2 | (2) Training; death and homicide investigations. The | ||||||
3 | Division of the Academy and Training shall provide | ||||||
4 | training in death and homicide investigation for State | ||||||
5 | police officers. Only State police officers who | ||||||
6 | successfully complete the training may be assigned as lead | ||||||
7 | investigators in death and homicide investigations. | ||||||
8 | Satisfactory completion of the training shall be evidenced | ||||||
9 | by a certificate issued to the officer by the Division of | ||||||
10 | the Academy and Training. The Director shall develop a | ||||||
11 | process for waiver applications for officers whose prior | ||||||
12 | training and experience as homicide investigators may | ||||||
13 | qualify them for a waiver. The Director may issue a | ||||||
14 | waiver, at his or her discretion, based solely on the | ||||||
15 | prior training and experience of an officer as a homicide | ||||||
16 | investigator. | ||||||
17 | (A) The Division shall require all homicide | ||||||
18 | investigator training to include instruction on | ||||||
19 | victim-centered, trauma-informed investigation. This | ||||||
20 | training must be implemented by July 1, 2023. | ||||||
21 | (B) The Division shall cooperate with the Division | ||||||
22 | of Criminal Investigation to develop a model | ||||||
23 | curriculum on victim-centered, trauma-informed | ||||||
24 | investigation. This curriculum must be implemented by | ||||||
25 | July 1, 2023. | ||||||
26 | (3) Training; police dog training standards. All |
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1 | police dogs used by the Illinois State Police for drug | ||||||
2 | enforcement purposes pursuant to the Cannabis Control Act, | ||||||
3 | the Illinois Controlled Substances Act, and the | ||||||
4 | Methamphetamine Control and Community Protection Act shall | ||||||
5 | be trained by programs that meet the certification | ||||||
6 | requirements set by the Director or the Director's | ||||||
7 | designee. Satisfactory completion of the training shall be | ||||||
8 | evidenced by a certificate issued by the Division of the | ||||||
9 | Academy and Training. | ||||||
10 | (4) Training; post-traumatic stress disorder. The | ||||||
11 | Division of the Academy and Training shall conduct or | ||||||
12 | approve a training program in post-traumatic stress | ||||||
13 | disorder for State police officers. The purpose of that | ||||||
14 | training shall be to equip State police officers to | ||||||
15 | identify the symptoms of post-traumatic stress disorder | ||||||
16 | and to respond appropriately to individuals exhibiting | ||||||
17 | those symptoms. | ||||||
18 | (5) Training; opioid antagonists. The Division of the | ||||||
19 | Academy and Training shall conduct or approve a training | ||||||
20 | program for State police officers in the administration of | ||||||
21 | opioid antagonists as defined in paragraph (1) of | ||||||
22 | subsection (e) of Section 5-23 of the Substance Use | ||||||
23 | Disorder Act that is in accordance with that Section. As | ||||||
24 | used in this Section, "State police officers" includes | ||||||
25 | full-time or part-time State police officers, | ||||||
26 | investigators, and any other employee of the Illinois |
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1 | State Police exercising the powers of a peace officer. | ||||||
2 | (6) Training; sexual assault and sexual abuse. | ||||||
3 | (A) Every 3 years, the Division of the Academy and | ||||||
4 | Training shall present in-service training on sexual | ||||||
5 | assault and sexual abuse response and report writing | ||||||
6 | training requirements, including, but not limited to, | ||||||
7 | the following: | ||||||
8 | (i) recognizing the symptoms of trauma; | ||||||
9 | (ii) understanding the role trauma has played | ||||||
10 | in a victim's life; | ||||||
11 | (iii) responding to the needs and concerns of | ||||||
12 | a victim; | ||||||
13 | (iv) delivering services in a compassionate, | ||||||
14 | sensitive, and nonjudgmental manner; | ||||||
15 | (v) interviewing techniques in accordance with | ||||||
16 | the curriculum standards in this paragraph (6); | ||||||
17 | (vi) understanding cultural perceptions and | ||||||
18 | common myths of sexual assault and sexual abuse; | ||||||
19 | and | ||||||
20 | (vii) report writing techniques in accordance | ||||||
21 | with the curriculum standards in this paragraph | ||||||
22 | (6). | ||||||
23 | (B) This training must also be presented in all | ||||||
24 | full and part-time basic law enforcement academies. | ||||||
25 | (C) Instructors providing this training shall have | ||||||
26 | successfully completed training on evidence-based, |
| |||||||
| |||||||
1 | trauma-informed, victim-centered responses to cases of | ||||||
2 | sexual assault and sexual abuse and have experience | ||||||
3 | responding to sexual assault and sexual abuse cases. | ||||||
4 | (D) The Illinois State Police shall adopt rules, | ||||||
5 | in consultation with the Office of the Attorney | ||||||
6 | General and the Illinois Law Enforcement Training | ||||||
7 | Standards Board, to determine the specific training | ||||||
8 | requirements for these courses, including, but not | ||||||
9 | limited to, the following: | ||||||
10 | (i) evidence-based curriculum standards for | ||||||
11 | report writing and immediate response to sexual | ||||||
12 | assault and sexual abuse, including | ||||||
13 | trauma-informed, victim-centered interview | ||||||
14 | techniques, which have been demonstrated to | ||||||
15 | minimize retraumatization, for all State police | ||||||
16 | officers; and | ||||||
17 | (ii) evidence-based curriculum standards for | ||||||
18 | trauma-informed, victim-centered investigation | ||||||
19 | and interviewing techniques, which have been | ||||||
20 | demonstrated to minimize retraumatization, for | ||||||
21 | cases of sexual assault and sexual abuse for all | ||||||
22 | State police officers who conduct sexual assault | ||||||
23 | and sexual abuse investigations. | ||||||
24 | (7) Training; human trafficking. The Division of the | ||||||
25 | Academy and Training shall conduct or approve a training | ||||||
26 | program in the detection and investigation of all forms of |
| |||||||
| |||||||
1 | human trafficking, including, but not limited to, | ||||||
2 | involuntary servitude under subsection (b) of Section 10-9 | ||||||
3 | of the Criminal Code of 2012, involuntary sexual servitude | ||||||
4 | of a minor under subsection (c) of Section 10-9 of the | ||||||
5 | Criminal Code of 2012, and trafficking in persons under | ||||||
6 | subsection (d) of Section 10-9 of the Criminal Code of | ||||||
7 | 2012. This program shall be made available to all cadets | ||||||
8 | and State police officers. | ||||||
9 | (8) Training; hate crimes. The Division of the Academy | ||||||
10 | and Training shall provide training for State police | ||||||
11 | officers in identifying, responding to, and reporting all | ||||||
12 | hate crimes.
| ||||||
13 | (d) The Division of the Academy and Training shall | ||||||
14 | administer and conduct a program consistent with 18 U.S.C. | ||||||
15 | 926B and 926C for qualified active and retired Illinois State | ||||||
16 | Police officers. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; | ||||||
18 | 102-813, eff. 5-13-22.)
| ||||||
19 | (20 ILCS 2605/2605-52) | ||||||
20 | Sec. 2605-52. Division of Statewide 9-1-1. | ||||||
21 | (a) There shall be established an Office of the Statewide | ||||||
22 | 9-1-1 Administrator within the Division of Statewide 9-1-1. | ||||||
23 | Beginning January 1, 2016, the Office of the Statewide 9-1-1 | ||||||
24 | Administrator shall be responsible for developing, | ||||||
25 | implementing, and overseeing a uniform statewide 9-1-1 system |
| |||||||
| |||||||
1 | for all areas of the State outside of municipalities having a | ||||||
2 | population over 500,000. | ||||||
3 | (b) The Governor shall appoint, with the advice and | ||||||
4 | consent of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
5 | Administrator shall serve for a term of 2 years, and until a | ||||||
6 | successor is appointed and qualified; except that the term of | ||||||
7 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
8 | expire on the third Monday in January, 2017. The Administrator | ||||||
9 | shall not hold any other remunerative public office. The | ||||||
10 | Administrator shall receive an annual salary as set by the | ||||||
11 | Governor.
| ||||||
12 | (c) The Illinois State Police, from appropriations made to | ||||||
13 | it for that purpose, shall make grants to 9-1-1 Authorities | ||||||
14 | for the purpose of defraying costs associated with 9-1-1 | ||||||
15 | system consolidations awarded by the Administrator under | ||||||
16 | Section 15.4b of the Emergency Telephone System Act. | ||||||
17 | (d) The Division of Statewide 9-1-1 shall exercise the | ||||||
18 | rights, powers, and duties vested by law in the Illinois State | ||||||
19 | Police by the State Police Radio Act and shall oversee the | ||||||
20 | Illinois State Police radio network, including the Illinois | ||||||
21 | State Police Emergency Radio Network and Illinois State | ||||||
22 | Police's STARCOM21 . | ||||||
23 | (e) The Division of Statewide 9-1-1 shall also conduct the | ||||||
24 | following communication activities: | ||||||
25 | (1) Acquire and operate one or more radio broadcasting | ||||||
26 | stations in the State to be used for police purposes. |
| |||||||
| |||||||
1 | (2) Operate a statewide communications network to | ||||||
2 | gather and disseminate information for law enforcement | ||||||
3 | agencies. | ||||||
4 | (3) Undertake other communication activities that may | ||||||
5 | be required by law. | ||||||
6 | (4) Oversee Illinois State Police telecommunications. | ||||||
7 | (f) The Division of Statewide 9-1-1 shall oversee the | ||||||
8 | Illinois State Police fleet operations. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
10 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
| ||||||
11 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
12 | laws; records; crime laboratories; personnel.
| ||||||
13 | (a) To do the following:
| ||||||
14 | (1) Investigate the origins, activities, personnel, | ||||||
15 | and
incidents of crime and the ways and means to redress | ||||||
16 | the victims of
crimes; study the impact, if any, of | ||||||
17 | legislation relative to the
effusion of crime and growing | ||||||
18 | crime rates; and enforce the criminal
laws
of this State | ||||||
19 | related thereto.
| ||||||
20 | (2) Enforce all laws regulating the
production, sale, | ||||||
21 | prescribing, manufacturing, administering,
transporting, | ||||||
22 | having in possession, dispensing, delivering,
| ||||||
23 | distributing, or use of controlled substances and | ||||||
24 | cannabis.
| ||||||
25 | (3) Employ
skilled experts, scientists, technicians, |
| |||||||
| |||||||
1 | investigators, or otherwise
specially qualified persons to | ||||||
2 | aid in preventing or detecting crime,
apprehending | ||||||
3 | criminals, or preparing and presenting evidence of
| ||||||
4 | violations of the criminal laws of the State.
| ||||||
5 | (4) Cooperate with the
police of cities, villages, and | ||||||
6 | incorporated towns and with the police
officers of any | ||||||
7 | county in enforcing the laws of the State and in making
| ||||||
8 | arrests and recovering property.
| ||||||
9 | (5) Apprehend and deliver up any person
charged in | ||||||
10 | this State or any other state of the United States with
| ||||||
11 | treason or a felony or other crime who has fled from
| ||||||
12 | justice and is found
in this State.
| ||||||
13 | (6) Conduct other investigations as
provided by law.
| ||||||
14 | (7) Be a central repository and custodian of criminal | ||||||
15 | statistics for the State. | ||||||
16 | (8) Be a central repository for criminal history | ||||||
17 | record information. | ||||||
18 | (9) Procure and file for record information that is | ||||||
19 | necessary and helpful to plan programs of crime | ||||||
20 | prevention, law enforcement, and criminal justice. | ||||||
21 | (10) Procure and file for record copies of | ||||||
22 | fingerprints that may be required by law. | ||||||
23 | (11) Establish general and field crime laboratories. | ||||||
24 | (12) Register and file for record information that may | ||||||
25 | be required by law for the issuance of firearm owner's | ||||||
26 | identification cards under the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and concealed carry licenses under | ||||||
2 | the Firearm Concealed Carry Act. | ||||||
3 | (13) Employ laboratory technicians and other specially | ||||||
4 | qualified persons to aid in the identification of criminal | ||||||
5 | activity and the identification, collection, and recovery | ||||||
6 | of cyber forensics, including , but not limited to , digital | ||||||
7 | evidence, and may employ polygraph operators and forensic | ||||||
8 | anthropologists . | ||||||
9 | (14) Undertake other identification, information, | ||||||
10 | laboratory, statistical, or registration activities that | ||||||
11 | may be required by law. | ||||||
12 | (b) Persons exercising the powers set forth in
subsection | ||||||
13 | (a) within the Illinois State Police
are conservators of the | ||||||
14 | peace and as such have all the powers possessed
by policemen in | ||||||
15 | cities and sheriffs, except that they may exercise those
| ||||||
16 | powers anywhere in the State in cooperation with and after | ||||||
17 | contact with
the local law enforcement officials. Those | ||||||
18 | persons may use false
or
fictitious names in the performance | ||||||
19 | of their duties under this Section,
upon approval of the | ||||||
20 | Director, and shall not be subject to prosecution
under the | ||||||
21 | criminal laws for that use.
| ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
23 | Section 15. The Illinois State Police Act is amended by | ||||||
24 | changing Sections 16 and 20 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
| ||||||
2 | Sec. 16.
State policemen shall enforce the provisions of | ||||||
3 | The Illinois
Vehicle Code, approved September 29, 1969, as | ||||||
4 | amended,
and Article 9 of the "Illinois Highway Code" as | ||||||
5 | amended; and shall patrol the
public highways and rural | ||||||
6 | districts to make arrests for violations of the
provisions of | ||||||
7 | such Acts. They are conservators of the peace and as such
have | ||||||
8 | all powers possessed by policemen in cities, and sheriffs, | ||||||
9 | except that
they may exercise such powers anywhere in this | ||||||
10 | State. The State policemen
shall 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 and | ||||||
13 | in making arrests and recovering property. They may be | ||||||
14 | equipped
with standardized and tested devices for weighing | ||||||
15 | motor vehicles and may
stop and weigh, acting reasonably, or | ||||||
16 | cause to be weighed, any motor
vehicle which appears to weigh | ||||||
17 | in excess of the weight permitted by law. It
shall also be the | ||||||
18 | duty of the Illinois State Police to determine, whenever | ||||||
19 | possible,
the person or persons or the causes responsible for | ||||||
20 | the breaking or
destruction of any improved hard-surfaced | ||||||
21 | roadway; to arrest all persons
criminally responsible for such | ||||||
22 | breaking or destruction and bring them
before the proper | ||||||
23 | officer for trial. The Illinois State Police
shall divide the | ||||||
24 | State into zones, troops, or regions Districts and assign each | ||||||
25 | zone, troop, or region district to one or
more policemen. No | ||||||
26 | person employed under this Act, however, shall serve or
|
| |||||||
| |||||||
1 | execute civil process, except for process issued under the | ||||||
2 | authority of the
General Assembly, or a committee or | ||||||
3 | commission thereof vested with subpoena
powers when the county | ||||||
4 | sheriff refuses or fails to serve such process, and
except for | ||||||
5 | process allowed by statute or issued under the authority of | ||||||
6 | the Illinois Department of Revenue.
| ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
8 | (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
| ||||||
9 | Sec. 20.
The Illinois State Police from time to time may | ||||||
10 | enter into contracts with
The Illinois State Toll Highway | ||||||
11 | Authority, hereinafter
called the Authority, with respect to | ||||||
12 | the policing of
toll highways by the Illinois State Police. | ||||||
13 | Such contracts shall provide among other
matters for the | ||||||
14 | compensation or reimbursement of the Illinois State Police by | ||||||
15 | the
Authority for the costs incurred by this State with | ||||||
16 | respect
to such policing service, including, but not limited | ||||||
17 | to, the costs of: (1)
compensation and training of the State | ||||||
18 | policemen and the clerical employees
assigned to such policing | ||||||
19 | service; and (2) uniforms, equipment, and supplies , which | ||||||
20 | shall be Illinois State Police property,
and housing used by | ||||||
21 | such personnel; and (3) reimbursement of such sums as
the | ||||||
22 | State expends in connection with payments of claims for | ||||||
23 | injuries or
illnesses suffered by such personnel in the line | ||||||
24 | of duty. Each such contract
may provide for the methods of | ||||||
25 | ascertaining such costs, and shall be of
such duration and may |
| |||||||
| |||||||
1 | contain such other appropriate terms as the Illinois State | ||||||
2 | Police
and the Authority may agree upon. The Illinois State | ||||||
3 | Police is not
obliged to furnish policing service on any | ||||||
4 | highway under the jurisdiction of the
Authority except as | ||||||
5 | required by contract.
| ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
7 | Section 20. The Illinois State Police Radio Act is amended | ||||||
8 | by changing Section 10 as follows:
| ||||||
9 | (20 ILCS 2615/10) | ||||||
10 | Sec. 10. Public safety radio interoperability. Upon their | ||||||
11 | establishment and thereafter, the Director of the Illinois | ||||||
12 | State Police, or his or her designee, shall serve as the | ||||||
13 | chairman of the Illinois Statewide Interoperability Executive | ||||||
14 | Committee (SIEC) and as the chairman of the STARCOM21 | ||||||
15 | Oversight Committee. The Director or his or her designee , as | ||||||
16 | chairman, may increase the size and makeup of the voting | ||||||
17 | membership of each committee when deemed necessary for | ||||||
18 | improved public safety radio interoperability, but the voting | ||||||
19 | membership of each committee must represent public safety | ||||||
20 | users (police, fire, or EMS) and must, at a minimum, include | ||||||
21 | the representatives specified in this Section. | ||||||
22 | The STARCOM21 Oversight Committee must comprise public | ||||||
23 | safety users accessing the system and shall include the | ||||||
24 | Statewide Interoperability Coordinator. The members of the |
| |||||||
| |||||||
1 | STARCOM21 Oversight Committee shall serve without compensation | ||||||
2 | and may, at the call of the Chair, meet in person or remotely. | ||||||
3 | The Illinois State Police shall provide administrative and | ||||||
4 | other support to the STARCOM21 Oversight Committee. The | ||||||
5 | STARCOM21 Oversight Committee shall: | ||||||
6 | (1) review existing statutory law and make | ||||||
7 | recommendations for legislative changes to ensure | ||||||
8 | efficient, effective, reliable, and sustainable radio | ||||||
9 | interoperability statewide; | ||||||
10 | (2) make recommendations concerning better integration | ||||||
11 | of the Integrated Public Alert and Warning System | ||||||
12 | statewide; and | ||||||
13 | (3) develop a plan to sustainably fund radio | ||||||
14 | infrastructure, radio equipment, and interoperability | ||||||
15 | statewide . | ||||||
16 | The SIEC shall have at a minimum one representative from | ||||||
17 | each of the following: the Illinois Fire Chiefs Association, | ||||||
18 | the Rural Fire Protection Association, the Office of the State | ||||||
19 | Fire Marshal, the Illinois Association of Chiefs of Police, | ||||||
20 | the Illinois Sheriffs' Association, the Illinois State Police, | ||||||
21 | the Illinois Emergency Management Agency, the Department of | ||||||
22 | Public Health, and the Secretary of State Police (which | ||||||
23 | representative shall be the Director of the Secretary of State | ||||||
24 | Police or his or her designee).
| ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | Section 25. The State Finance Act is amended by changing | ||||||
2 | Section 6z-82 as follows:
| ||||||
3 | (30 ILCS 105/6z-82) | ||||||
4 | Sec. 6z-82. State Police Operations Assistance Fund. | ||||||
5 | (a) There is created in the State treasury a special fund | ||||||
6 | known as the State Police Operations Assistance Fund. The Fund | ||||||
7 | shall receive revenue under the Criminal and Traffic | ||||||
8 | Assessment Act. The Fund may also receive revenue from grants, | ||||||
9 | donations, appropriations, and any other legal source. | ||||||
10 | (a-5) Notwithstanding any other provision of law to the | ||||||
11 | contrary, and in addition to any other transfers that may be | ||||||
12 | provided by law, on August 20, 2021 (the effective date of | ||||||
13 | Public Act 102-505), or as soon thereafter as practical, the | ||||||
14 | State Comptroller shall direct and the State Treasurer shall | ||||||
15 | transfer the remaining balance from the Over Dimensional Load | ||||||
16 | Police Escort Fund into the State Police Operations Assistance | ||||||
17 | Fund. Upon completion of the transfer, the Over Dimensional | ||||||
18 | Load Police Escort Fund is dissolved, and any future deposits | ||||||
19 | due to that Fund and any outstanding obligations or | ||||||
20 | liabilities of that Fund shall pass to the State Police | ||||||
21 | Operations Assistance Fund. | ||||||
22 | This Fund may charge, collect, and receive fees or moneys | ||||||
23 | as described in Section 15-312 of the Illinois Vehicle Code, | ||||||
24 | and receive all fees received by the Illinois State Police | ||||||
25 | under that Section. The moneys shall be used by the Illinois |
| |||||||
| |||||||
1 | State Police for its expenses in providing police escorts and | ||||||
2 | commercial vehicle enforcement activities. | ||||||
3 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
4 | finance any of its lawful purposes or functions. | ||||||
5 | (c) Expenditures may be made from the Fund only as | ||||||
6 | appropriated by the General Assembly by law. | ||||||
7 | (d) Investment income that is attributable to the | ||||||
8 | investment of moneys in the Fund shall be retained in the Fund | ||||||
9 | for the uses specified in this Section. | ||||||
10 | (e) The State Police Operations Assistance Fund shall not | ||||||
11 | be subject to administrative chargebacks.
| ||||||
12 | (f) (Blank). | ||||||
13 | (g) Notwithstanding any other provision of State law to | ||||||
14 | the contrary, on or after July 1, 2021, in addition to any | ||||||
15 | other transfers that may be provided for by law, at the | ||||||
16 | direction of and upon notification from the Director of the | ||||||
17 | Illinois State Police, the State Comptroller shall direct and | ||||||
18 | the State Treasurer shall transfer amounts not exceeding | ||||||
19 | $7,000,000 into the State Police Operations Assistance Fund | ||||||
20 | from the State Police Services Fund. | ||||||
21 | (h) Notwithstanding any other provision of law, in
| ||||||
22 | addition to any other transfers that may be provided by law, on
| ||||||
23 | the effective date of this amendatory Act of the 103rd General
| ||||||
24 | Assembly, or as soon thereafter as practical, the State
| ||||||
25 | Comptroller shall direct and the State Treasurer shall | ||||||
26 | transfer
the remaining balance from the State Police |
| |||||||
| |||||||
1 | Streetgang-Related Crime Fund to the State Police Operations | ||||||
2 | Assistance Fund. Upon completion of the
transfers, the State | ||||||
3 | Police Streetgang-Related Crime Fund is dissolved,
and any | ||||||
4 | future deposits into the State Police Streetgang-Related Crime | ||||||
5 | Fund and any outstanding
obligations or liabilities of the | ||||||
6 | State Police Streetgang-Related Crime Fund pass to the State | ||||||
7 | Police Operations Assistance Fund. | ||||||
8 | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; | ||||||
9 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
10 | (30 ILCS 105/5.783 rep.) | ||||||
11 | (30 ILCS 105/8p rep.) | ||||||
12 | Section 30. The State Finance Act is amended by repealing | ||||||
13 | Sections 5.783 and 8p.
| ||||||
14 | Section 35. The School Code is amended by changing Section | ||||||
15 | 10-27.1A as follows:
| ||||||
16 | (105 ILCS 5/10-27.1A)
| ||||||
17 | Sec. 10-27.1A. Firearms in schools.
| ||||||
18 | (a) All school officials, including teachers, school | ||||||
19 | counselors, and
support staff, shall immediately notify the | ||||||
20 | office of the principal in the
event that they observe any | ||||||
21 | person in possession of a firearm on school
grounds; provided | ||||||
22 | that taking such immediate action to notify the office of the
| ||||||
23 | principal would not immediately endanger the health, safety, |
| |||||||
| |||||||
1 | or welfare of
students who are under the direct supervision of | ||||||
2 | the school official or the
school official. If the health, | ||||||
3 | safety, or welfare of students under the
direct supervision of | ||||||
4 | the school official or of the school official is
immediately | ||||||
5 | endangered, the school official shall notify the office of the
| ||||||
6 | principal as soon as the students under his or her supervision | ||||||
7 | and he or she
are no longer under immediate danger. A report is | ||||||
8 | not required by this Section
when the school official knows | ||||||
9 | that the person in possession of the firearm is
a law | ||||||
10 | enforcement official engaged in the conduct of his or her | ||||||
11 | official
duties. Any school official acting in good faith who | ||||||
12 | makes such a report under
this Section shall have immunity | ||||||
13 | from any civil or criminal liability that
might otherwise be | ||||||
14 | incurred as a result of making the report. The identity of
the | ||||||
15 | school official making such report shall not be disclosed | ||||||
16 | except as
expressly and specifically authorized by law. | ||||||
17 | Knowingly and willfully failing
to comply with this Section is | ||||||
18 | a petty offense. A second or subsequent offense
is a Class C | ||||||
19 | misdemeanor.
| ||||||
20 | (b) Upon receiving a report from any school official | ||||||
21 | pursuant to this
Section, or from any other person, the | ||||||
22 | principal or his or her designee shall
immediately notify a | ||||||
23 | local law enforcement agency. If the person found to be
in | ||||||
24 | possession of a firearm on school grounds is a student, the | ||||||
25 | principal or
his or her designee shall also immediately notify | ||||||
26 | that student's parent or
guardian. Any principal or his or her |
| |||||||
| |||||||
1 | designee acting in good faith who makes
such reports under | ||||||
2 | this Section shall have immunity from any civil or criminal
| ||||||
3 | liability that might otherwise be incurred or imposed as a | ||||||
4 | result of making
the reports. Knowingly and willfully failing | ||||||
5 | to comply with this Section is a
petty offense. A second or | ||||||
6 | subsequent offense is a Class C misdemeanor. If
the person | ||||||
7 | found to be in possession of the firearm on school grounds is a
| ||||||
8 | minor, the law enforcement agency shall detain that minor | ||||||
9 | until such time as
the agency makes a determination pursuant | ||||||
10 | to clause (a) of subsection (1) of
Section 5-401 of the | ||||||
11 | Juvenile Court Act of 1987, as to whether the agency
| ||||||
12 | reasonably believes that the minor is delinquent. If the law | ||||||
13 | enforcement
agency determines that probable cause exists to | ||||||
14 | believe that the minor
committed a violation of item (4) of | ||||||
15 | subsection (a) of Section 24-1 of the
Criminal Code of 2012 | ||||||
16 | while on school grounds, the agency shall detain the
minor for | ||||||
17 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
18 | of
1987.
| ||||||
19 | (c) Upon On or after January 1, 1997, upon receipt of any | ||||||
20 | written,
electronic, or verbal report from any school | ||||||
21 | personnel regarding a verified
incident involving a firearm in | ||||||
22 | a school or on school owned or leased property,
including any | ||||||
23 | conveyance owned,
leased, or used by the school for the | ||||||
24 | transport of students or school
personnel, the superintendent | ||||||
25 | or his or her designee shall report all such
firearm-related | ||||||
26 | incidents occurring in a school or on school property to the
|
| |||||||
| |||||||
1 | local law enforcement authorities immediately , who shall | ||||||
2 | report and to the Illinois State Police in a form, manner, and | ||||||
3 | frequency as prescribed by the Illinois State Police.
| ||||||
4 | The State Board of Education shall receive an annual | ||||||
5 | statistical compilation
and related data associated with | ||||||
6 | incidents involving firearms in schools from
the Illinois | ||||||
7 | State Police. The State Board of Education shall compile
this | ||||||
8 | information by school district and make it available to the | ||||||
9 | public.
| ||||||
10 | (d) As used in this Section, the term "firearm" shall have | ||||||
11 | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||||||
12 | Identification Card Act.
| ||||||
13 | As used in this Section, the term "school" means any | ||||||
14 | public or private
elementary or secondary school.
| ||||||
15 | As used in this Section, the term "school grounds" | ||||||
16 | includes the real property
comprising any school, any | ||||||
17 | conveyance owned, leased, or contracted by a school
to | ||||||
18 | transport students to or from school or a school-related | ||||||
19 | activity, or any
public way within 1,000 feet of the real | ||||||
20 | property comprising any school.
| ||||||
21 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
22 | 102-813, eff. 5-13-22.)
| ||||||
23 | Section 40. The Intergovernmental Missing Child Recovery | ||||||
24 | Act of 1984 is amended by changing Section 6 as follows:
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1 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
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2 | Sec. 6. The Illinois State Police shall:
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3 | (a) Utilize the statewide Law Enforcement Agencies Data
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4 | System (LEADS) for the purpose of effecting an immediate law | ||||||
5 | enforcement
response to reports of missing children. The | ||||||
6 | Illinois State Police shall implement an
automated data | ||||||
7 | exchange system to compile, to maintain and to make
available | ||||||
8 | for dissemination to Illinois and out-of-State law enforcement
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9 | agencies, data which can assist appropriate agencies in | ||||||
10 | recovering missing
children.
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11 | (b) Establish contacts and exchange information regarding | ||||||
12 | lost, missing or
runaway children with nationally recognized | ||||||
13 | "missing person and runaway"
service organizations and monitor | ||||||
14 | national research and publicize important
developments.
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15 | (c) Provide a uniform reporting format for the entry of | ||||||
16 | pertinent
information regarding reports of missing children | ||||||
17 | into LEADS.
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18 | (d) Develop and implement a policy whereby a statewide or | ||||||
19 | regional alert
would be used in situations relating to the | ||||||
20 | disappearances of children,
based on criteria and in a format | ||||||
21 | established by the Illinois State Police. Such a
format shall | ||||||
22 | include, but not be limited to, the age and physical | ||||||
23 | description
of the missing child and the suspected | ||||||
24 | circumstances of the disappearance.
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25 | (e) Notify all law enforcement agencies that reports of | ||||||
26 | missing persons
shall be entered as soon as the minimum level |
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1 | of data specified by the Illinois State Police
is available to | ||||||
2 | the reporting agency and that no waiting period
for entry of | ||||||
3 | such data exists.
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4 | (f) Provide a procedure for prompt confirmation of the | ||||||
5 | receipt and entry of
the missing child report into LEADS to the | ||||||
6 | parent or guardian of the missing
child.
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7 | (g) Compile and retain information regarding missing | ||||||
8 | children in a
separate data file, in a manner that allows such | ||||||
9 | information to be used by
law enforcement and other agencies | ||||||
10 | deemed appropriate by the Director, for
investigative | ||||||
11 | purposes. Such files shall be updated to reflect and include
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12 | information relating to the disposition of the case.
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13 | (h) Compile and maintain an historic data repository | ||||||
14 | relating to missing
children in order (1) to develop and | ||||||
15 | improve techniques utilized by law
enforcement agencies when | ||||||
16 | responding to reports of missing children and (2)
to provide a | ||||||
17 | factual and statistical base for research that would address
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18 | the problem of missing children.
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19 | (i) Create a quality control program to assess the monitor | ||||||
20 | timeliness of entries of
missing children reports into LEADS | ||||||
21 | and conduct performance audits of all
entering agencies.
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22 | (j) Prepare a periodic information bulletin concerning | ||||||
23 | missing children
who it determines may be present in this | ||||||
24 | State, compiling such bulletin from
information contained in | ||||||
25 | both the National Crime Information Center computer
and from | ||||||
26 | reports, alerts and other information entered into LEADS or
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1 | otherwise compiled and retained by the Illinois State Police | ||||||
2 | pursuant to this Act. The
bulletin shall indicate the name, | ||||||
3 | age, physical description, suspected
circumstances of | ||||||
4 | disappearance if that information is available, a photograph
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5 | if one is available, the name of the law enforcement agency | ||||||
6 | investigating the
case, and such other information as the | ||||||
7 | Director considers appropriate
concerning each missing child | ||||||
8 | who the Illinois State Police determines may be present in
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9 | this State. The Illinois State Police shall send a copy of each | ||||||
10 | periodic information
bulletin to the State Board of Education | ||||||
11 | for its use in accordance with Section
2-3.48 of the School | ||||||
12 | Code. The Illinois State Police shall provide a copy of the | ||||||
13 | bulletin,
upon request, to law enforcement agencies of this or | ||||||
14 | any other state or of the
federal government, and may provide a | ||||||
15 | copy of the bulletin, upon request, to
other persons or | ||||||
16 | entities, if deemed appropriate by the Director, and may
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17 | establish limitations on its use and a reasonable fee for so | ||||||
18 | providing the
same, except that no fee shall be charged for | ||||||
19 | providing the periodic
information bulletin to the State Board | ||||||
20 | of Education, appropriate units of
local government, State | ||||||
21 | agencies, or law enforcement agencies of this or any
other | ||||||
22 | state or of the federal government.
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23 | (k) Provide for the entry into LEADS of the names and | ||||||
24 | addresses of sex
offenders as defined in the Sex Offender | ||||||
25 | Registration Act who are required to
register under that Act. | ||||||
26 | The information shall be immediately accessible to
law |
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1 | enforcement agencies and peace officers of this State or any | ||||||
2 | other state or
of the federal government. Similar information | ||||||
3 | may be requested from any other
state or of the federal | ||||||
4 | government for purposes of this Act.
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5 | (l) Provide for the entry into LEADS of the names and | ||||||
6 | addresses of violent offenders against youth as defined in the | ||||||
7 | Murderer and Violent Offender Against Youth Registration Act | ||||||
8 | who are required to
register under that Act. The information | ||||||
9 | shall be immediately accessible to
law enforcement agencies | ||||||
10 | and peace officers of this State or any other state or
of the | ||||||
11 | federal government. Similar information may be requested from | ||||||
12 | any other
state or of the federal government for purposes of | ||||||
13 | this Act.
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14 | (Source: P.A. 102-538, eff. 8-20-21.)
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15 | Section 45. The Sex Offender Registration Act is amended | ||||||
16 | by changing Section 11 as follows:
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17 | (730 ILCS 150/11)
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18 | Sec. 11. Offender Registration Fund. There is created the | ||||||
19 | Offender Registration Fund (formerly known as the Sex
Offender | ||||||
20 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
21 | costs
incurred by the criminal justice system to administer | ||||||
22 | this Article and the Murderer and Violent Offender Against | ||||||
23 | Youth Registration Act, and for purposes as authorized under | ||||||
24 | this Section 5-9-1.15 of the Unified Code of Corrections . The |
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1 | Illinois
State Police shall establish and promulgate rules and | ||||||
2 | procedures
regarding the administration of this Fund. Fifty | ||||||
3 | percent of the moneys
in the Fund shall be allocated by the | ||||||
4 | Department for sheriffs' offices and
police departments. The | ||||||
5 | remaining moneys in the Fund received under this amendatory | ||||||
6 | Act of the 101st General Assembly shall be allocated to the | ||||||
7 | Illinois State Police for education and administration of the | ||||||
8 | Act.
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9 | Notwithstanding any other provision of law, in
addition to | ||||||
10 | any other transfers that may be provided by law, on
the | ||||||
11 | effective date of this amendatory Act of the 103rd General
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12 | Assembly, or as soon thereafter as practical, the State
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13 | Comptroller shall direct and the State Treasurer shall | ||||||
14 | transfer
the remaining balance from the Sex Offender | ||||||
15 | Investigation Fund
to the Offender Registration Fund. Upon | ||||||
16 | completion of the
transfers, the Sex Offender Investigation | ||||||
17 | Fund is dissolved,
and any future deposits into the Sex | ||||||
18 | Offender Investigation Fund and any outstanding
obligations or | ||||||
19 | liabilities of the Sex Offender Investigation Fund pass to the | ||||||
20 | Offender
Registration Fund.
Subject to appropriation, moneys | ||||||
21 | in the Offender
Registration Fund received under this Section
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22 | shall be used by the Illinois State Police for purposes | ||||||
23 | authorized under this Section. | ||||||
24 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law, except that Sections 10, 30, and 40 take effect | ||||||
2 | January 1, 2024.".
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