Bill Text: IL HB4097 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Missing Persons Identification Act. Provides that no law enforcement agency may refuse to accept a missing person report on the basis of the missing person's mental state or medical condition.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-08-03 - Public Act . . . . . . . . . 99-0244 [HB4097 Detail]
Download: Illinois-2015-HB4097-Chaptered.html
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| Public Act 099-0244 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Missing Persons Identification Act is | ||||
amended by changing Section 5 as follows:
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(50 ILCS 722/5)
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Sec. 5. Missing person reports. | ||||
(a) Report acceptance. All law enforcement agencies shall | ||||
accept without delay any report of a missing person. Acceptance | ||||
of a missing person report filed in person may not be refused | ||||
on any ground. No law enforcement agency may refuse to accept a | ||||
missing person report: | ||||
(1) on the basis that the missing person is an adult; | ||||
(2) on the basis that the circumstances do not indicate | ||||
foul play; | ||||
(3) on the basis that the person has been missing for a | ||||
short period of time; | ||||
(4) on the basis that the person has been missing a | ||||
long period of time; | ||||
(5) on the basis that there is no indication that the | ||||
missing person was in the jurisdiction served by the law | ||||
enforcement agency at the time of the disappearance; | ||||
(6) on the basis that the circumstances suggest that | ||||
the disappearance may be voluntary; | ||
(7) on the basis that the reporting individual does not | ||
have personal knowledge of the facts; | ||
(8) on the basis that the reporting individual cannot | ||
provide all of the information requested by the law | ||
enforcement agency; | ||
(9) on the basis that the reporting individual lacks a | ||
familial or other relationship with the missing person; or | ||
(9-5) on the basis of the missing person's mental state | ||
or medical condition; or | ||
(10) for any other reason. | ||
(b) Manner of reporting. All law enforcement agencies shall | ||
accept missing person reports in person. Law enforcement | ||
agencies are encouraged to accept reports by phone or by | ||
electronic or other media to the extent that such reporting is | ||
consistent with law enforcement policies or practices. | ||
(c) Contents of report. In accepting a report of a missing | ||
person, the law enforcement agency shall attempt to gather | ||
relevant information relating to the disappearance. The law | ||
enforcement agency shall attempt to gather at the time of the | ||
report information that shall include, but shall not be limited | ||
to, the following: | ||
(1) the name of the missing person, including | ||
alternative names used; | ||
(2) the missing person's date of birth; | ||
(3) the missing person's identifying marks, such as | ||
birthmarks, moles, tattoos, and scars; | ||
(4) the missing person's height and weight; | ||
(5) the missing person's gender; | ||
(6) the missing person's race; | ||
(7) the missing person's current hair color and true or | ||
natural hair color; | ||
(8) the missing person's eye color; | ||
(9) the missing person's prosthetics, surgical | ||
implants, or cosmetic implants; | ||
(10) the missing person's physical anomalies; | ||
(11) the missing person's blood type, if known; | ||
(12) the missing person's driver's license number, if | ||
known; | ||
(13) the missing person's social security number, if | ||
known; | ||
(14) a photograph of the missing person; recent | ||
photographs are preferable and the agency is encouraged to | ||
attempt to ascertain the approximate date the photograph | ||
was taken; | ||
(15) a description of the clothing the missing person | ||
was believed to be wearing; | ||
(16) a description of items that might be with the | ||
missing person, such as jewelry, accessories, and shoes or | ||
boots; | ||
(17) information on the missing person's electronic | ||
communications devices, such as cellular telephone numbers | ||
and e-mail addresses; | ||
(18) the reasons why the reporting individual believes | ||
that the person is missing; | ||
(19)
the name and location of the missing person's | ||
school or employer, if known;
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(20) the name and location of the missing person's | ||
dentist or primary care physician, or both, if known; | ||
(21) any circumstances that may indicate that the | ||
disappearance was not voluntary; | ||
(22) any circumstances that may indicate that the | ||
missing person may be at risk of injury or death; | ||
(23) a description of the possible means of | ||
transportation of the missing person, including make, | ||
model, color, license number, and Vehicle Identification | ||
Number of a vehicle; | ||
(24) any identifying information about a known or | ||
possible abductor or person last seen with the missing | ||
person, or both, including: | ||
(A) name; | ||
(B) a physical description; | ||
(C) date of birth; | ||
(D) identifying marks; | ||
(E) the description of possible means of | ||
transportation, including make, model, color, license | ||
number, and Vehicle Identification Number of a | ||
vehicle; | ||
(F) known associates; | ||
(25) any other information that may aid in locating the | ||
missing person; and | ||
(26) the date of last contact. | ||
(d) Notification and follow up action. | ||
(1) Notification. The law enforcement agency shall | ||
notify the person making the report, a family member, or | ||
other person in a position to assist the law enforcement | ||
agency in its efforts to locate the missing person of the | ||
following: | ||
(A) general information about the handling of the | ||
missing person case or about intended efforts in the | ||
case to the extent that the law enforcement agency | ||
determines that disclosure would not adversely affect | ||
its ability to locate or protect the missing person or | ||
to apprehend or prosecute any person criminally | ||
involved in the disappearance; | ||
(B) that the person should promptly contact the law | ||
enforcement agency if the missing person remains | ||
missing in order to provide additional information and | ||
materials that will aid in locating the missing person | ||
such as the missing person's credit cards, debit cards, | ||
banking information, and cellular telephone records; | ||
and | ||
(C) that any DNA samples provided for the missing | ||
person case are provided on a voluntary basis and will | ||
be used solely to help locate or identify the missing | ||
person and will not be used for any other purpose. | ||
The law enforcement agency, upon acceptance of a | ||
missing person report, shall inform the reporting citizen | ||
of one of 2 resources, based upon the age of the missing | ||
person. If the missing person is under 18 years of age, | ||
contact information for the National Center for Missing and | ||
Exploited Children shall be given. If the missing person is | ||
age 18 or older, contact information for the National | ||
Center for Missing Adults shall be given. | ||
Agencies handling the remains of a missing person who | ||
is deceased must notify the agency handling the missing | ||
person's case. Documented efforts must be made to locate | ||
family members of the deceased person to inform them of the | ||
death and location of the remains of their family member. | ||
The law enforcement agency is encouraged to make | ||
available informational materials, through publications or | ||
electronic or other media, that advise the public about how | ||
the information or materials identified in this subsection | ||
are used to help locate or identify missing persons. | ||
(2) Follow up action. If the person identified in the | ||
missing person report remains missing after 30 days, and | ||
the additional information and materials specified below | ||
have not been received, the law enforcement agency shall | ||
attempt to obtain: | ||
(A) DNA samples from family members or from the | ||
missing person along with any needed documentation, or | ||
both, including any consent forms, required for the use | ||
of State or federal DNA databases, including, but not | ||
limited to, the Local DNA Index System (LDIS), State | ||
DNA Index System (SDIS), and National DNA Index System | ||
(NDIS); | ||
(B) an authorization to release dental or skeletal | ||
x-rays of the missing person; | ||
(C) any additional photographs of the missing | ||
person that may aid the investigation or an | ||
identification; the law enforcement agency is not | ||
required to obtain written authorization before it | ||
releases publicly any photograph that would aid in the | ||
investigation or identification of the missing person; | ||
(D) dental information and x-rays; and | ||
(E) fingerprints. | ||
(3) All DNA samples obtained in missing person cases | ||
shall be immediately forwarded to the Department of State | ||
Police for analysis. The Department of State Police shall | ||
establish procedures for determining how to prioritize | ||
analysis of the samples relating to missing person cases. | ||
(4) This subsection shall not be interpreted to | ||
preclude a law enforcement agency from attempting to obtain | ||
the materials identified in this subsection before the | ||
expiration of the 30-day period.
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(Source: P.A. 95-192, eff. 8-16-07.)
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