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