(20 ILCS 2605/Art. 2605 heading)
ARTICLE 2605.
DEPARTMENT OF STATE POLICE
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(20 ILCS 2605/2605-1)
Sec. 2605-1.
Article short title.
This Article 2605 of the Civil
Administrative Code of Illinois may be cited as the Department of State Police
Law.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-5)
Sec. 2605-5. Definitions. In this Law:
"Department" means the Department of State Police.
"Director" means the Director of State Police.
"Missing endangered senior" means an individual 65 years of age or older or a person with Alzheimer's disease or related dementias who is reported missing to a law enforcement agency and is, or is believed to be:
(1) a temporary or permanent resident of Illinois;
(2) at a location that cannot be determined by an
| | individual familiar with the missing individual; and
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| | residence without assistance.
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(Source: P.A. 96-442, eff. 1-1-10.)
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(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10.
Powers and duties, generally.
The Department shall have the
powers and duties set forth in the following Sections.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff.
1-1-00.)
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(20 ILCS 2605/2605-15) (was 20 ILCS 2605/55a in part)
Sec. 2605-15.
Rules and regulations.
To promulgate rules and
regulations necessary for the administration
and enforcement of its powers and duties, wherever granted and imposed,
pursuant to the Illinois Administrative Procedure Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff.
1-1-00.)
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(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
Sec. 2605-25. Department divisions. The Department is divided into the
Illinois State Police Academy and 4 divisions:
the Division of Operations,
the Division of Forensic Services, the Division of
Administration, and the Division of Internal Investigation. Beginning on July 1, 2015, there shall be the Division of the Statewide 9-1-1 Administrator within the Department of State Police to develop, implement, and oversee a uniform statewide 9-1-1 system for all areas of the State outside of municipalities having a population of more than 500,000.
(Source: P.A. 98-634, eff. 6-6-14.)
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(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
Sec. 2605-30.
Division of Operations (formerly State Troopers).
The
Division of Operations shall exercise the following
functions and those in Section 2605-35:
(1) Cooperate with federal and State authorities
| | requesting utilization of the Department's radio network system under the Illinois Aeronautics Act.
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(2) Exercise the rights, powers, and duties of the
| | State Police under the State Police Act.
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(3) Exercise the rights, powers, and duties vested by
| | law in the Department by the State Police Radio Act.
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(4) Exercise the rights, powers, and duties of the
| | Department vested by law in the Department and the Illinois State Police by the Illinois Vehicle Code.
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(5) Exercise other duties that have been or may be
| | vested by law in the Illinois State Police.
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(6) Exercise other duties that may be assigned by the
| | Director in order to fulfill the responsibilities and to achieve the purposes of the Department.
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(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
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(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Operations (formerly Criminal
Investigation).
(a) The Division of Operations shall exercise
the following functions and those in Section 2605-30:
(1) Exercise the rights, powers, and duties vested by
| | law in the Department by the Illinois Horse Racing Act of 1975.
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(2) Investigate the origins, activities, personnel,
| | and incidents of crime and enforce the criminal laws of this State related thereto.
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(3) Enforce all laws regulating the production, sale,
| | prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis.
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(4) Cooperate with the police of cities, villages,
| | and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.
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(5) Apprehend and deliver up any person charged in
| | this State or any other state with treason or a felony or other crime who has fled from justice and is found in this State.
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(6) Investigate recipients and providers under the
| | Illinois Public Aid Code and any personnel involved in the administration of the Code who are suspected of any violation of the Code pertaining to fraud in the administration, receipt, or provision of assistance and pertaining to any violation of criminal law; and exercise the functions required under Section 2605-220 in the conduct of those investigations.
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(7) Conduct other investigations as provided by law.
(8) Exercise the powers and perform the duties that
| | have been vested in the Department by the Sex Offender Registration Act and the Sex Offender Community Notification Law; and promulgate reasonable rules and regulations necessitated thereby.
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(9) Exercise other duties that may be assigned by the
| | Director in order to fulfill the responsibilities and achieve the purposes of the Department.
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(b) There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter
referred to as the Office.
The Office shall consult with units of local government and school
districts to assist them in gang control activities and to administer a
system of grants to units of local government and school districts that,
upon application, have demonstrated a workable plan to reduce gang activity
in their area. The grants shall not include reimbursement for personnel,
nor shall they exceed 75% of the total request by any applicant. The grants
may be calculated on a proportional basis, determined by funds available to the
Department for this purpose. The Department has the authority to promulgate
appropriate rules and regulations to administer this program.
The Office shall establish mobile units of trained personnel to
respond to gang activities.
The Office shall also consult with and use the services of religious
leaders and other celebrities to assist in gang control activities.
The Office may sponsor seminars, conferences, or any other educational
activity to assist communities in their gang crime control activities.
(Source: P.A. 94-945, eff. 6-27-06.)
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(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40.
Division of Forensic Services.
The Division of
Forensic Services shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested by
| | law in the Department by the Criminal Identification Act.
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(2) Exercise the rights, powers, and duties vested by
| | law in the Department by Section 2605-300 of this Law.
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(3) Provide assistance to local law enforcement
| | agencies through training, management, and consultant services.
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(4) (Blank).
(5) Exercise other duties that may be assigned by the
| | Director in order to fulfill the responsibilities and achieve the purposes of the Department.
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(6) Establish and operate a forensic science
| | laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.
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(7) Subject to specific appropriations made for these
| | purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.
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(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-589, eff. 1-1-00;
91-760, eff. 1-1-01.)
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(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the
following functions:
(1) Exercise the rights, powers, and duties vested in
| | the Department by the Governor's Office of Management and Budget Act.
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(2) Pursue research and the publication of studies
| | pertaining to local law enforcement activities.
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(3) Exercise the rights, powers, and duties vested in
| | the Department by the Personnel Code.
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(4) Operate an electronic data processing and
| | computer center for the storage and retrieval of data pertaining to criminal activity.
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(5) Exercise the rights, powers, and duties vested in
| | the former Division of State Troopers by Section 17 of the State Police Act.
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(6) Exercise the rights, powers, and duties vested in
| | the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
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(6.5) Exercise the rights, powers, and duties vested
| | in the Department by the Firearm Owners Identification Card Act.
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(7) Exercise other duties that may be assigned by the
| | Director to fulfill the responsibilities and achieve the purposes of the Department.
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(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50.
Division of Internal Investigation.
The Division
of Internal Investigation shall initiate internal
departmental investigations and, at the direction of the Governor,
investigate
complaints and initiate investigations of official misconduct by State officers
and State employees under the jurisdiction of the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-55)
Sec. 2605-55.
Badges.
The Director must authorize to each State trooper,
police
officer, and investigator and to any other employee of the Department
exercising the
powers of a peace officer a distinct badge
that, on its face, (i)
clearly states that
the badge is authorized by the Department and (ii) contains a unique
identifying
number.
No other badge shall be authorized by
the Department.
(Source: P.A. 91-883, eff. 1-1-01.)
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(20 ILCS 2605/2605-75) (was 20 ILCS 2605/55a in part)
Sec. 2605-75.
Bilingual police officers.
The Department may ascertain the
number of bilingual
police officers and other personnel needed to provide services in a language
other than English and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining agreement, a bilingual
pay supplement program.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239;
1-1-00.)
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(20 ILCS 2605/2605-85)
Sec. 2605-85.
Training; cultural diversity.
The Department shall provide
training and continuing education to State Police officers concerning cultural
diversity, including sensitivity toward racial and ethnic differences. This
training and continuing education shall include, but not be limited to, an
emphasis on the fact that the primary purpose of enforcement of the Illinois
Vehicle Code is safety and equal and uniform enforcement under the law.
(Source: P.A. 93-209, eff. 7-18-03.)
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(20 ILCS 2605/2605-90)
Sec. 2605-90. Training; death and homicide investigations. The Department shall provide training in death and homicide investigation for State police officers. Only State police officers who successfully complete the training may be assigned as lead investigators in death and homicide investigations. Satisfactory completion of the training shall be evidenced by a certificate issued to the officer by the Department.
The Director shall develop a process for waiver applications for those officers whose prior training
and experience as homicide investigators may qualify them for a
waiver. The Director may issue a waiver at his or her discretion, based
solely on the prior training and experience of an officer as a
homicide investigator.
(Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.)
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(20 ILCS 2605/2605-95)
Sec. 2605-95. Training; police dog training standards. Beginning July 1, 2012, all police dogs used by the Department for drug enforcement purposes pursuant to the Cannabis Control Act (720 ILCS 550/), the Illinois Controlled Substances Act (720 ILCS 570/), and the Methamphetamine Control and Community Protection Act (720 ILCS 646/) shall be trained by programs that meet the certification requirements set by the Director or the Director's designee. Satisfactory completion of the training shall be evidenced by a certificate issued by the Department.
(Source: P.A. 97-469, eff. 7-1-12 .)
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(20 ILCS 2605/2605-96)
Sec. 2605-96. Training; Post-Traumatic Stress Disorder (PTSD). The Department shall conduct or approve a training program in Post-Traumatic Stress Disorder (PTSD) for State police officers. The purpose of that training shall be to equip State police officers to identify the symptoms of PTSD and to respond appropriately to individuals exhibiting those symptoms.
(Source: P.A. 97-1040, eff. 1-1-13.)
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(20 ILCS 2605/2605-100) (was 20 ILCS 2605/55a in part)
Sec. 2605-100.
State Police Act.
To exercise the rights,
powers, and duties that have been vested
in the Department of Public Safety by the State Police Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-105) (was 20 ILCS 2605/55a in part)
Sec. 2605-105.
State Police Radio Act.
To exercise the rights,
powers, and duties that have been vested
in the Department of Public Safety by the State Police Radio Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-110) (was 20 ILCS 2605/55a in part)
Sec. 2605-110.
Criminal Identification Act.
To exercise the
rights, powers, and duties that have been vested
in the Department of Public Safety by the Criminal Identification Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-115) (was 20 ILCS 2605/55a in part)
Sec. 2605-115.
Illinois Vehicle Code.
To exercise the rights,
powers, and duties that have been vested
in the Department of Public Safety by the Illinois Vehicle Code.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-120) (was 20 ILCS 2605/55a in part)
Sec. 2605-120.
Firearm Owners Identification Card Act.
To
exercise the rights, powers, and duties that have been vested
in the Department of Public Safety by the Firearm Owners Identification
Card Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-130) (was 20 ILCS 2605/55a in part)
Sec. 2605-130.
Intergovernmental Missing Child Recovery Act of 1984.
To
exercise the powers and perform the duties that have
been
vested in the Department by the Intergovernmental
Missing Child Recovery Act of 1984, and to establish reasonable rules and
regulations necessitated thereby.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-135) (was 20 ILCS 2605/55c)
Sec. 2605-135.
Intergovernmental Drug Laws Enforcement Act.
The
Department shall exercise the
powers and duties assigned to it under the Intergovernmental Drug Laws
Enforcement Act.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-140) (was 20 ILCS 2605/55a in part)
Sec. 2605-140.
Narcotic Control Division Abolition Act.
To
exercise the rights, powers, and duties that have been vested
in the Department and the Director by the Narcotic Control Division Abolition
Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-190) (was 20 ILCS 2605/55a in part)
Sec. 2605-190.
Other laws in relation to law enforcement.
To
enforce and administer other laws in relation to law
enforcement to the extent that they vest any rights, powers, or duties in the
Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
Sec. 2605-200.
Investigations of crime; enforcement of laws.
(a) To do the following:
(1) Investigate the origins, activities, personnel,
| | and incidents of crime and the ways and means to redress the victims of crimes; study the impact, if any, of legislation relative to the effusion of crime and growing crime rates; and enforce the criminal laws of this State related thereto.
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(2) Enforce all laws regulating the production, sale,
| | prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis.
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(3) Employ skilled experts, scientists, technicians,
| | investigators, or otherwise specially qualified persons to aid in preventing or detecting crime, apprehending criminals, or preparing and presenting evidence of violations of the criminal laws of the State.
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(4) Cooperate with the police of cities, villages,
| | and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.
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(5) Apprehend and deliver up any person charged in
| | this State or any other state of the United States with treason or a felony or other crime who has fled from justice and is found in this State.
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(6) Conduct other investigations as
provided by law.
(b) Persons exercising the powers set forth in
subsection (a) within the Department
are conservators of the peace and as such have all the powers possessed
by policemen in cities and sheriffs, except that they may exercise those
powers anywhere in the State in cooperation with and after contact with
the local law enforcement officials. Those persons may use false
or
fictitious names in the performance of their duties under this Section,
upon approval of the Director, and shall not be subject to prosecution
under the criminal laws for that use.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-205) (was 20 ILCS 2605/55a in part)
Sec. 2605-205.
Arson investigations.
To conduct arson
investigations.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-210) (was 20 ILCS 2605/55a in part)
Sec. 2605-210.
Child abuse or neglect investigations.
Upon the
request of the Department of Children and Family
Services, to investigate reports of child abuse or neglect.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-211)
Sec. 2605-211. Protocol; methamphetamine; illegal manufacture.
(a) The Department of State Police shall develop a protocol to be followed in performing gross remediation of clandestine laboratory sites not to exceed the standards established by the United States Drug Enforcement Administration.
(b) "Gross remediation" means the removal of any and all identifiable clandestine laboratory ingredients and apparatus.
(c) The Department of State Police must post the protocol on its official Web site.
(Source: P.A. 94-555, eff. 8-12-05.)
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(20 ILCS 2605/2605-212)
Sec. 2605-212. Children; methamphetamine; protocol. The Department shall cooperate with the Department of Children and Family Services and the State Board of Education in developing the protocol required under Section 6.5 of the Children and Family Services Act. The Department must post the protocol on the official Web site maintained by the Department.
(Source: P.A. 94-554, eff. 1-1-06.)
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(20 ILCS 2605/2605-215) (was 20 ILCS 2605/55a in part)
Sec. 2605-215.
Horse race track investigation services.
To
provide investigative services, with all of the powers
possessed by policemen in cities and sheriffs, in and around all race
tracks subject to the Illinois Horse Racing Act of 1975.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
Sec. 2605-220.
Public aid fraud investigations.
The Department, through the
Division of
Operations, shall investigate recipients and
providers
under the Illinois Public Aid Code and any
personnel involved in the administration of the Code
who are suspected of any violations of the Code pertaining to
fraud in the
administration, receipt, or provision of assistance and pertaining to any
violation of criminal law. The Department shall, in addition to functions
otherwise authorized by State and federal law, exercise the following
functions:
(1) Initiate investigations of suspected cases of
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(2) Investigate cases of public aid fraud.
(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
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(20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
Sec. 2605-250.
Obtaining evidence.
To expend the
sums the Director deems necessary from contractual
services appropriations for the Division of Operations for the
purchase of evidence and for the employment of persons to obtain evidence.
The sums shall be advanced to agents authorized by the Director to
expend
funds, on vouchers signed by the Director.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
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(20 ILCS 2605/2605-275) (was 20 ILCS 2605/55a in part)
Sec. 2605-275.
Registration of fictitious vital records.
To
obtain registration of a fictitious vital record pursuant to Section 15.1 of
the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
Sec. 2605-300. Records; crime laboratories; personnel. To do
the
following:
(1) Be a central repository and custodian of criminal
| | statistics for the State.
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(2) Be a central repository for criminal history
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(3) Procure and file for record information that is
| | necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.
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(4) Procure and file for record copies of
| | fingerprints that may be required by law.
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(5) Establish general and field
crime laboratories.
(6) Register and file for record information that may
| | be required by law for the issuance of firearm owner's identification cards under the Firearm Owners Identification Card Act and concealed carry licenses under the Firearm Concealed Carry Act.
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(7) Employ polygraph operators, laboratory
| | technicians, and other specially qualified persons to aid in the identification of criminal activity.
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(8) Undertake other identification, information,
| | laboratory, statistical, or registration activities that may be required by law.
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(Source: P.A. 98-63, eff. 7-9-13.)
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(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302.
Arrest reports.
(a) When an individual is arrested, the
following information must be made available to the news media for inspection
and copying:
(1) Information that identifies the individual,
| | including the name, age, address, and photograph, when and if available.
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(2) Information detailing any charges relating to the
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(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
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(5) If the individual is incarcerated, the amount of
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(6) If the individual is incarcerated, the time and
| | date that the individual was received, discharged, or transferred from the arresting agency's custody.
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(b) The information required by this Section must be made available to the
news media for inspection and copying as soon as practicable, but in no event
shall the time period exceed 72 hours from the arrest. The information
described in items (3), (4), (5), and (6) of subsection (a),
however, may be withheld if it is determined that disclosure would (i)
interfere with pending or actually and reasonably contemplated law enforcement
proceedings conducted by any law enforcement or correctional agency; (ii)
endanger the life or physical safety of law enforcement or correctional
personnel or any other person; or (iii) compromise the security of any
correctional facility.
(c) For the purposes of this Section, the term "news media" means personnel
of a newspaper or other periodical issued at regular intervals whether in print
or electronic format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a community antenna
television service, or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may charge fees
for arrest records, but in no instance may the fee exceed the actual cost of
copying and reproduction. The fees may not include the cost of the labor used
to reproduce the arrest record.
(e) The provisions of this Section do not supersede the confidentiality
provisions for arrest records of the Juvenile Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
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(20 ILCS 2605/2605-305) (was 20 ILCS 2605/55a in part)
Sec. 2605-305.
Statewide Organized Criminal Gang Database (SWORD).
The Department may establish and maintain, within
the Department, a Statewide Organized Criminal Gang
Database
(SWORD) for the purpose of tracking organized criminal gangs and their
memberships. Information in the database may include, but not be limited to,
the name, last known address, birth date, physical descriptions (such as scars,
marks, or tattoos), officer safety information, organized gang affiliation, and
entering agency identifier. The Department may develop, in consultation with
the Criminal Justice Information Authority, and in a form and manner prescribed
by the Department, an automated data exchange system to compile, to maintain,
and to make this information electronically available to prosecutors and to
other law enforcement agencies. The information may be used by authorized
agencies to combat the operations of organized criminal gangs statewide.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-315) (was 20 ILCS 2605/55a in part)
Sec. 2605-315.
Criminal history record information for Department of
Children and Family Services. Upon the request of the Department of
Children and Family Services,
the Department of
State Police shall provide properly designated employees of the Department of
Children and Family
Services with criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained in the
statewide central juvenile records system as defined in Section 2605-355 if the Department of Children and Family Services
determines the
information
is necessary
to perform its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
The
request shall be in the form and
manner
specified
by the Department of State Police.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-320)
Sec. 2605-320.
Criminal history information for Department of Human
Services. Upon request of the Department of Human Services, to
conduct an
assessment and evaluation of sexually violent persons as mandated by the
Sexually Violent Persons Commitment Act, the Department shall furnish criminal
history information maintained on the requested person. The request shall be
in the form and manner specified by the Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff.
8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
Sec. 2605-325. Conviction information for school board or regional
superintendent. On request of a school board or regional
superintendent of schools,
to conduct a fingerprint-based criminal history records check pursuant to Section 10-21.9 or
34-18.5 of the School
Code. The Department shall furnish the
conviction information to the president of the school board of the school
district that has requested the information or, if the
information was
requested by the regional superintendent, to that regional superintendent.
(Source: P.A. 93-909, eff. 8-12-04.)
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(20 ILCS 2605/2605-327)
Sec. 2605-327. Conviction and sex offender information for medical school. Upon the inquiry of a medical school under the Medical School Matriculant Criminal History Records Check Act, to ascertain whether a matriculant of the medical school has been convicted of any violent felony or has been adjudicated a sex offender.
The Department shall make sex offender information available to the inquiring medical school through the Statewide Sex Offender Database. Medical schools in this State must conduct an inquiry into the Statewide Sex Offender Database on all matriculants as part of the admissions process.
Pursuant to the Medical School Matriculant Criminal History Records Check Act, the Department shall conduct a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database upon the request of a public medical school. Pursuant to the Medical School Matriculant Criminal History Records Check Act, the Department shall conduct a fingerprint-based, Illinois Uniform Conviction Information Act check of the Illinois criminal history records database upon the request of a private medical school. The Department may charge the requesting public or private medical school a fee for conducting the fingerprint-based criminal history records check. The fee shall not exceed the cost of the inquiry and shall be deposited into the State Police Services Fund.
(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
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(20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
Sec. 2605-330. Firefighter applicant criminal history records checks. Upon
the request of the chief of a fire department or the board of trustees of a fire protection district, the Department shall
conduct fingerprint-based criminal history records checks of both State and Federal Bureau of Investigation criminal history record databases concerning prospective firefighters and
report to the requesting chief or the board of trustees of a fire protection district any conviction information about those persons. The Department may charge the requesting chief or board of trustees a fee for conducting the criminal history records check. The fee shall be deposited into the State Police Services Fund and shall not exceed the cost of the inquiry. The Department may prescribe the form and manner
for requesting and furnishing conviction information under this Section.
(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
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(20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)
Sec. 2605-335.
Conviction information for private child services
organization. Upon the request of any private organization
that devotes a major portion of its time to the provision of
recreational, social, educational, or child safety services to children, to
conduct, pursuant to positive identification, criminal background
investigations of all of that organization's current employees, current
volunteers, prospective employees, or prospective volunteers
charged with the care and custody of children during the provision of the
organization's services, and to report to the requesting organization
any record of convictions maintained in the Department's files about those
persons. The Department shall charge an application fee, based on actual
costs, for the dissemination of conviction information pursuant to this
Section. The Department is empowered to establish this fee
and shall
prescribe the form and manner for requesting and furnishing conviction
information pursuant to this Section.
Information received by the
organization from the Department concerning an individual shall be provided
to the individual. Any such information obtained by the
organization
shall be confidential and may not be transmitted outside the organization
and may not be transmitted to anyone within the organization except as
needed for the purpose of evaluating the individual.
Only information and standards that bear a reasonable and
rational
relation to the performance of child care shall be used by the organization.
Any employee of the Department or any member, employee, or volunteer of
the
organization receiving confidential information under this Section who
gives or causes to be given any confidential information concerning any
criminal convictions of an individual shall be guilty of a Class A
misdemeanor unless release of the information is authorized by
this
Section.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)
Sec. 2605-340.
Conviction information for private carrier company under
Metropolitan Transit Authority Act. Upon the request of a private
carrier company that provides
transportation under Section 28b of the Metropolitan Transit Authority Act,
to ascertain whether an applicant for a driver position has been
convicted of
any criminal or drug offense enumerated in that Section. The Department shall
furnish the conviction
information to the private carrier company that requested the information.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-345)
Sec. 2605-345. Conviction information for financial institutions. Upon the request of (i) an insured depository institution, as defined by the Federal Deposit Insurance Corporation Act, (ii) a depository institution holding company, as defined by the Federal Deposit Insurance Corporation Act, (iii) a foreign banking corporation, as defined by the Foreign Banking Office Act, (iv) a corporate fiduciary, as defined by the Corporate Fiduciary Act, (v) a credit union, as defined in the Illinois Credit Union Act, or (vi) a subsidiary of any entity listed in items (i) through (v) of this Section (each such entity or subsidiary hereinafter referred to as a "requesting institution"), to ascertain whether any employee of the requesting institution, applicant for employment by the requesting institution, or officer, director, agent, institution-affiliated party, or any other party who owns or controls, directly or indirectly, or participates, directly or indirectly, in the affairs of the requesting institution, has been convicted of a felony or of any criminal offense relating to dishonesty, breach of trust, or money laundering, the Department shall furnish the conviction information to the requesting institution.
(Source: P.A. 97-1120, eff. 1-1-13.)
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(20 ILCS 2605/2605-350) (was 20 ILCS 2605/55a in part)
Sec. 2605-350.
Juveniles; police contact record keeping system.
To develop a
separate statewide statistical police contact
record keeping system for the study of juvenile delinquency. The records
of this police contact system shall be limited to statistical
information. No individually identifiable information shall be
maintained in the police contact statistical record system.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-355) (was 20 ILCS 2605/55a in part)
Sec. 2605-355.
Delinquent minors; statewide central juvenile
records system. To develop a separate statewide
central juvenile
records system for persons arrested prior to the age of 17 under Section 5-401
of the Juvenile Court Act of 1987 or
adjudicated delinquent minors and to make information available to
local law enforcement
officers so that law enforcement officers will be able to obtain rapid access
to the background of the minor from other jurisdictions to the end that the
juvenile police
officers can make appropriate decisions that will best serve the
interest of the child and the community.
The Department shall submit a quarterly report to the General Assembly and
Governor. The report shall contain the number of juvenile records
that the Department
has received in that quarter and a list, by category, of offenses that
minors were arrested for or convicted of by age, race, and gender.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-360) (was 20 ILCS 2605/55a in part)
Sec. 2605-360.
Rules for confidentiality of juvenile records.
To
develop rules that guarantee the confidentiality of the
individually identifiable juvenile records described in
Section 2605-355
except to juvenile authorities who
request information concerning the minor and who certify in writing that the
information will not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section, "juvenile authorities"
means:
(1) A judge of the circuit court and members of the
| | staff of the court designated by the judge.
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(2) Parties to the proceedings under the Juvenile
| | Court Act of 1987 and their attorneys.
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(3) Probation officers and court appointed advocates
| | for the juvenile authorized by the judge hearing the case.
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(4) Any individual or public or private agency having
| | custody of the child pursuant to court order.
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(5) Any individual or public or private agency
| | providing education, medical, or mental health services to the child when the requested information is needed to determine the appropriate service or treatment for the minor.
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(6) Any potential placement provider when the release
| | is authorized by the court for the limited purpose of determining the appropriateness of the potential placement.
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(7) Law
enforcement officers and prosecutors.
(8) Adult and juvenile prisoner review
boards.
(9) Authorized military personnel.
(10) Individuals authorized by
court.
(11) The Illinois General Assembly or any committee
| | or commission of the General Assembly.
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(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-365) (was 20 ILCS 2605/55a in part)
Sec. 2605-365.
Access to juvenile records by minors and others.
To develop
administrative rules and administrative hearing
procedures that allow a minor, his or her attorney, and his or
her parents or
guardian access to individually identifiable juvenile
records for the purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to the provisions
of the Administrative Review Law.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
Sec. 2605-375. Missing persons; Law Enforcement Agencies Data System
(LEADS).
(a) To establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of providing electronic access
by authorized entities to criminal justice data repositories and effecting an
immediate law enforcement response to reports of missing persons, including
lost, missing or runaway minors and missing endangered seniors. The Department shall implement an automatic
data exchange system to compile, to maintain, and to make available to
other law
enforcement agencies for immediate dissemination data that can
assist
appropriate agencies in recovering missing persons and provide access by
authorized entities to various data repositories available through LEADS for
criminal justice and related purposes. To assist the Department in
this effort, funds may be appropriated from the LEADS Maintenance Fund. Funds may be appropriated from the LEADS Maintenance Fund to the Department to finance any of its lawful purposes or functions in relation to defraying the expenses associated with establishing, maintaining, and supporting the issuance of electronic citations.
(b) In exercising its duties under this Section, the
Department shall provide a uniform reporting format (LEADS) for the entry of pertinent
information regarding the report of a missing person into LEADS. The report must include all of the following:
(1) Relevant information obtained from the
| | notification concerning the missing person, including all of the following:
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| (A) a physical description of the missing person;
(B) the date, time, and place that the missing
| | person was last seen; and
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| (C) the missing person's address.
(2) Information gathered by a preliminary
| | investigation, if one was made.
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| (3) A statement by the law enforcement officer in
| | charge stating the officer's assessment of the case based on the evidence and information received.
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| (b-5) The Department of State Police shall:
(1) Develop and implement a policy whereby a
| | statewide or regional alert would be used in situations relating to the disappearances of individuals, based on criteria and in a format established by the Department. Such a format shall include, but not be limited to, the age of the missing person and the suspected circumstance of the disappearance.
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(2) Notify all law enforcement agencies that reports
| | of missing persons shall be entered as soon as the minimum level of data specified by the Department is available to the reporting agency and that no waiting period for the entry of the data exists.
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(3) Compile and retain information regarding lost,
| | abducted, missing, or runaway minors in a separate data file, in a manner that allows that information to be used by law enforcement and other agencies deemed appropriate by the Director, for investigative purposes. The information shall include the disposition of all reported lost, abducted, missing, or runaway minor cases.
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(4) Compile and maintain an historic data repository
| | relating to lost, abducted, missing, or runaway minors and other missing persons, including, but not limited to, missing endangered seniors, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons.
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(5) Create a quality control program regarding
| | confirmation of missing person data, timeliness of entries of missing person reports into LEADS, and performance audits of all entering agencies.
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(c) The Illinois Law Enforcement Training Standards Board shall conduct a training program for law enforcement personnel of local governmental agencies in the Missing Persons Identification Act.
(d) The Department of State Police shall perform the duties prescribed in the Missing Persons Identification Act, subject to appropriation.
(Source: P.A. 97-402, eff. 8-16-11.)
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(20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
Sec. 2605-377. Department of Healthcare and Family Services; LEADS access.
(a) The Department of Healthcare and Family Services is an authorized entity under this
Law for the purpose of exchanging information, in the form and manner required
by the Department of State Police, to facilitate the location of individuals
for establishing paternity, and establishing, modifying, and enforcing child
support obligations, pursuant to the Illinois Public Aid Code and Title IV,
Part D of the Social Security Act.
(b) The Department of Healthcare and Family Services is an authorized entity under
this Section for the purpose of obtaining access to various data repositories
available through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and enforcing child
support obligations, pursuant to the Illinois Public Aid Code and Title IV,
Part D of the Social Security Act. The Department shall enter into an
agreement with the Department of Healthcare and Family Services consistent with these
purposes.
(Source: P.A. 95-331, eff. 8-21-07.)
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(20 ILCS 2605/2605-378)
Sec. 2605-378. I-CLEAR. The Department of State Police shall provide for the entry into the Illinois Citizens and Law Enforcement Analysis and Reporting System (I-CLEAR) of the names and
addresses of arsonists as defined in the Arsonist
Registration Act who are required to register under that
Act. The information shall be immediately accessible to law
enforcement agencies and peace officers of this State or
any other state or of the federal government. Similar
information may be requested from any other state or of the
federal government for the purposes of that Act.
(Source: P.A. 93-949, eff. 1-1-05.)
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(20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
Sec. 2605-380.
Dental records.
The Department shall do the following:
(1) Coordinate State participation in a national
| | central repository for dental records of missing persons and unidentified dead bodies.
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(2) Receive and file dental records submitted by
| | county medical examiners and coroners from unidentified dead bodies and submitted by law enforcement agencies from persons reported missing for more than 30 days.
|
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(3) Provide information from the file on possible
| | identifications resulting from the comparison of dental records submitted with those records on file, to county medical examiners, coroners, and law enforcement agencies.
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|
(4) Expunge the dental records of those missing
| | persons who are found, and expunge from the file the dental records of missing persons who are positively identified as a result of comparisons made with this file or the files maintained by other states, territories, insular possessions of the United States, or the United States.
|
|
(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
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(20 ILCS 2605/2605-390) (was 20 ILCS 2605/55a in part)
Sec. 2605-390. Hate crimes.
(a) To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal Code of 2012
contingent upon the availability of State or
federal funds to revise and upgrade the Illinois Uniform Crime Reporting
System. All law enforcement agencies shall report monthly to the Department concerning those offenses in the
form and in the manner prescribed by rules and regulations adopted by the Department. The information shall be compiled by the Department and
be
disseminated upon request to any local law enforcement agency, unit of
local government, or State agency. Dissemination of the
information shall
be subject to all confidentiality requirements otherwise imposed by law.
(b) The Department shall provide training for State
Police
officers in identifying, responding to, and reporting all hate crimes.
The Illinois Law Enforcement Training Standards Board
shall develop and certify a course of such training to be made available to
local law enforcement officers.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)
Sec. 2605-400.
Fees; State Police Services Fund; audit.
(a) To charge, collect, and receive fees or moneys equivalent to the
cost
of providing Department personnel, equipment, and services
to local governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental agreement as provided
by this Law, other State agencies, and federal
agencies, including but not limited to fees or moneys equivalent to
the cost of
providing dispatching services, radio and radar repair, and training to
local governmental agencies on terms and conditions that in the judgment of the Director are in the best interest of the State;
and to establish, charge, collect, and receive fees or moneys based on the
cost of providing responses to requests for criminal history record
information pursuant to positive identification and any Illinois or federal
law authorizing access to some aspect of that information and to
prescribe
the form and manner for requesting and furnishing the information
to the
requestor on terms and conditions that in the judgment of
the Director
are in the best interest of the State, provided fees for
requesting and furnishing criminal history record information may be waived
for requests in the due administration of the criminal laws. The Department
may also charge, collect, and receive fees or moneys equivalent to the cost
of
providing electronic data processing lines or related telecommunication
services to local governments, but only when those services can be
provided
by the Department at a cost less than that experienced by those
local
governments through other means. All services provided by the Department
shall be conducted pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication services
shall be provided pursuant to the provisions of Section 405-270
of
the Department of Central Management Services Law (20 ILCS 405/405-270).
(b) All fees received by the Department under the
Civil Administrative Code of Illinois
or the Illinois Uniform Conviction Information Act shall be deposited in a
special fund in the State treasury to be known as the State Police Services
Fund. The money deposited in the State Police Services Fund shall be
appropriated to the Department for expenses of the
Department.
(c) Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act, which audit includes an
audit of the State Police Services Fund, the Department shall make the audit open to inspection by any interested person.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)
Sec. 2605-405.
Applying for grants or contracts; moneys from other
entities. To apply for grants or contracts and receive,
expend, allocate, or
disburse funds and moneys made available by public or private entities,
including, but not limited to, contracts, bequests, grants, or receiving
equipment from corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department from these
sources shall be deposited into the appropriate fund
in the State treasury to be appropriated to the Department for purposes as
indicated by the grantor or contractor or, in the case of funds or moneys
bequeathed or granted for no specific purpose, for any purpose deemed
appropriate by the Director in administering the responsibilities of the
Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-407)
Sec. 2605-407. Illinois State Police Federal Projects Fund. The Illinois State Police Federal Projects Fund is established as a federal trust fund in the State treasury. This federal Trust Fund is established to receive funds awarded to the Department of State Police from the following: (i) all federal departments and agencies for the specific purposes established by the terms and conditions of the federal awards and (ii) federal pass-through grants from State departments and agencies for the specific purposes established by the terms and conditions of the grant agreements. Any interest earnings that are attributable to moneys in the federal trust fund must be deposited into the Fund.
(Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)
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(20 ILCS 2605/2605-410)
Sec. 2605-410. Over Dimensional Load Police Escort Fund. To charge, collect, and receive fees or moneys as described in Section 15-312 of the Illinois Vehicle Code. All fees received by the Illinois State Police under Section 15-312 of the Illinois Vehicle Code shall be deposited into the Over Dimensional Load Police Escort Fund, a special fund that is created in the State treasury. Subject to appropriation, the money in the Over Dimensional Load Police Escort Fund shall be used by the Department for its expenses in providing police escorts and commercial vehicle enforcement activities.
(Source: P.A. 95-787, eff. 1-1-09.)
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(20 ILCS 2605/2605-420) (was 20 ILCS 2605/55a in part)
Sec. 2605-420.
Assisting victims and witnesses of gang crime.
To
assist victims and witnesses in gang crime prosecutions
through the administration of funds appropriated from the Gang Violence
Victims and Witnesses Fund to the Department. Those funds shall
be
appropriated to the Department and shall only be used to assist victims and
witnesses in gang crime prosecutions. The assistance may
include any of
the following:
(1) Temporary living costs.
(2) Moving expenses.
(3) Closing costs on the sale of a private
residence.
(4) First month's rent.
(5) Security deposits.
(6) Apartment location assistance.
(7) Other expenses that the Department considers
| |
(8) Compensation for any loss of or injury to real or
| | personal property resulting from a gang crime to a maximum of $5,000, subject to the following provisions:
|
|
(A) In the case of loss of property, the amount
| | of compensation shall be measured by the replacement cost of similar or like property that has been incurred by and that is substantiated by the property owner.
|
|
(B) In the case of injury to property, the amount
| | of compensation shall be measured by the cost of repair incurred and that can be substantiated by the property owner.
|
|
(C) Compensation under this provision is a
| | secondary source of compensation and shall be reduced by any amount the property owner receives from any other source as compensation for the loss or injury, including, but not limited to, personal insurance coverage.
|
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(D) No compensation may be awarded if the
| | property owner was an offender or an accomplice of the offender or if the award would unjustly benefit the offender or offenders or an accomplice of the offender or offenders.
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|
No victim or witness may receive assistance under this Section
if he or she is not a
part of or fails to fully cooperate in the prosecution of gang crime
members by law enforcement authorities.
The Department shall promulgate any rules necessary for the
implementation of this amendatory Act of 1985.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-430) (was 20 ILCS 2605/55a in part)
Sec. 2605-430.
Assistance to local law enforcement agencies.
To provide, as
required by law, assistance to local law
enforcement agencies through (i) training, management, and
consultant
services for local law enforcement agencies and (ii) the
pursuit
of
research and the publication of studies pertaining to local law
enforcement activities.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-435) (was 20 ILCS 2605/55a in part)
Sec. 2605-435.
Electronic criminal surveillance; assistance to local
authorities. To do the following:
(1) Promulgate rules pertaining to the certification,
| | revocation of certification, and training of law enforcement officers as electronic criminal surveillance officers.
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(2) Provide training and technical assistance to
| | State's Attorneys and local law enforcement agencies pertaining to the interception of private oral communications.
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(3) Promulgate rules necessary for the administration
| | of Article 108B of the Code of Criminal Procedure of 1963, including but not limited to standards for recording and minimization of electronic criminal surveillance intercepts, documentation required to be maintained during an intercept, and procedures in relation to evidence developed by an intercept.
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(4) Charge a reasonable fee to each law enforcement
| | agency that sends officers to receive training as electronic criminal surveillance officers.
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(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
Sec. 2605-475.
Wireless Emergency Telephone Safety Act.
To exercise the powers and perform the duties specifically assigned to
the Department under the Wireless Emergency Telephone Safety Act with respect
to the development and improvement of emergency communications procedures and
facilities in such a manner as to facilitate a quick response to any person
calling the number "9-1-1" seeking police, fire, medical, or other emergency
services through a wireless carrier as defined in Section 10 of the Wireless
Emergency Telephone Safety Act. Nothing in the Wireless Emergency Telephone
Safety Act shall require the Illinois State Police to provide
wireless enhanced 9-1-1 services.
(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
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(20 ILCS 2605/2605-480)
Sec. 2605-480.
Statewide kidnapping alert and prevention program;
Child Safety Coordinator.
(a) The Department of
State Police shall develop a coordinated program for a statewide emergency
alert system when a child is missing or kidnapped.
The system shall include, but is not limited to, the use in coordination with
the Illinois
Department of Transportation, of electronic message signs on roads and highways
in the
vicinity of a child abduction to immediately provide critical information to
the public.
(b) The Department of State Police shall establish an AMBER Plan Task Force
to
monitor and review the implementation and operation of the system developed
under
subsection (a), including procedures, budgetary requirements, and response
protocols.
The Task Force shall also develop additional network resources for use in the
system.
(c) The Department of State Police, in coordination with the Illinois
Emergency
Management Agency, shall develop and implement a community outreach program to
promote awareness among the State's parents and children of child abduction
prevention
and response.
(d) The Department of State Police, in coordination with the State Board of
Education, shall develop child abduction prevention instruction for inclusion
in elementary and secondary school curricula throughout the State. The
Department and
State Board of Education shall encourage the inclusion of the child abduction
prevention
instruction in private elementary and secondary school curricula throughout the
State.
(e) The Department shall appoint a Child Safety Coordinator to assist in the
establishment of State standards for child safety from kidnap and abduction and
to advocate for the achievement of those standards. The Child Safety
Coordinator shall have the
qualifications and experience that the Department shall require by rule. The
Child Safety Coordinator shall receive no compensation but shall be reimbursed
for his or her expenses from the Department's operations budget. No funds shall
be appropriated solely
for the expenses of the Child Safety Coordinator. The Department shall provide
technical assistance for the Child Safety Coordinator from its existing
resources.
(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01; 93-310, eff.
7-23-03.)
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(20 ILCS 2605/2605-485)
Sec. 2605-485. Endangered Missing Person Advisory.
(a) A coordinated program known as the Endangered Missing Person Advisory is established within the Department of State Police. The purpose of the Endangered Missing Person Advisory is to provide a regional system for the rapid dissemination of information regarding a missing person who is believed to be a high-risk missing person as defined in Section 10 of the Missing Persons Identification Act.
(b) The AMBER Plan Task Force, established under Section 2605-480 of the Department of State Police Law, shall serve as the task force for the Endangered Missing Person Advisory. The AMBER Plan Task Force shall monitor and review the implementation and operation of the regional system developed under subsection (a), including procedures, budgetary requirements, and response protocols. The AMBER Plan Task Force shall also develop additional network resources for use in the system.
(c) The Department of State Police, in coordination with the Illinois Department on Aging, shall develop and implement a community outreach program to promote awareness among the State's healthcare facilities, nursing homes, assisted living facilities, and other senior centers. The guidelines and procedures shall ensure that specific health information about the missing person is not made public through the alert or otherwise.
(d) The Child Safety Coordinator, created under Section 2605-480 of the Department of State Police Law, shall act in the dual capacity of Child Safety Coordinator and Endangered Missing Person Coordinator. The Coordinator shall assist in the establishment of State standards and monitor the availability of federal funding that may become available to further the objectives of the Endangered Missing Person Advisory. The Department shall provide technical assistance for the Coordinator from its existing resources.
(Source: P.A. 96-149, eff. 1-1-10.)
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(20 ILCS 2605/2605-500) (was 20 ILCS 2605/55a in part)
Sec. 2605-500.
Communication activities.
To do the following:
(1) Acquire and operate one or more radio
| | broadcasting stations in the State to be used for police purposes.
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(2) Operate a statewide communications network to
| | gather and disseminate information for law enforcement agencies.
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(3) Operate an electronic data processing and
| | computer center for the storage and retrieval of data pertaining to criminal activity.
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(4) Undertake other communication activities that may
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(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-505) (was 20 ILCS 2605/55b)
Sec. 2605-505.
Local citizens radio groups.
The Department is authorized to
use local
citizens radio groups in connection with its communication duties under the
Civil Administrative Code of Illinois and to coordinate
those local citizens radio groups with the
functions of local law enforcement agencies as the Department deems
advisable. With the approval of the Department, those local
citizens radio
groups shall be eligible for law enforcement grants.
(Source: P.A. 91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-525)
Sec. 2605-525. (Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 96-371, eff. 8-13-09.)
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(20 ILCS 2605/2605-550) (was 20 ILCS 2605/55a in part)
Sec. 2605-550.
Transfer of realty to State agency; acquisition of
federal land. To transfer jurisdiction of any realty title to
which is held by
the State of Illinois under the control of the Department to any other
department of the State government or to the State Employees Housing
Commission or to acquire or accept federal land when the
transfer,
acquisition, or acceptance is advantageous to the State and is approved
in writing by the Governor.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98;
91-239, eff. 1-1-00.)
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(20 ILCS 2605/2605-555)
Sec. 2605-555. Pilot program; Project Exile.
(a) The Department shall establish a Project Exile pilot program
to combat gun violence.
(b) Through the pilot program, the Department, in coordination with local
law enforcement agencies, State's Attorneys, and United States Attorneys,
shall, to the extent possible, encourage the prosecution in federal court of
all persons who illegally use, attempt to use, or threaten to use firearms
against the person or property of another, of all persons who use or
possess a firearm in connection with a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, all persons who have been convicted
of a felony under the laws of this State or any other jurisdiction who possess
any weapon prohibited under Section 24-1 of the Criminal Code of 1961 or any
firearm or any firearm ammunition, and of all persons who use or possess a
firearm in connection with a violation of an order of protection issued
under the Illinois Domestic Violence Act of 1986 or Article 112A of the Code
of Criminal Procedure of 1963 or in connection with the offense of domestic
battery. The program shall also encourage public outreach by law enforcement
agencies.
(c) There is created the Project Exile Fund, a special fund in the State
treasury. Moneys appropriated for the purposes of Project Exile and moneys
from any other private or public source, including without limitation grants
from the Department of Commerce and Economic Opportunity, shall be deposited into
the Fund. Moneys in the Fund, subject to appropriation, may be used by the
Department of State Police to develop and administer the Project Exile pilot
program.
(d) The Department shall report to the General Assembly by March 1, 2003
regarding the implementation and effects of the Project Exile pilot program and
shall by that date make recommendations to the General Assembly for changes in
the program that the Department deems appropriate.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader, and
the Clerk of the House of Representatives, with the President, the
Minority Leader, and the Secretary of the Senate, and with the Legislative
Research Unit, as required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required under paragraph
(t) of Section 7 of the State Library Act.
(Source: P.A. 94-556, eff. 9-11-05.)
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(20 ILCS 2605/2605-575)
Sec. 2605-575. Children's fingerprints. With the written permission of the child's parent or guardian, the Department may retain the fingerprint record of a child fingerprinted by the Department at any location of collection, such as a State fair, county fair, or other place the Department collects such data. The record may be retained and used only if the child is later missing or abducted, if an Amber Alert is issued for that child, or if a missing person report is filed for that child with one or more local law enforcement agencies, and for no other purpose. After the child reaches the age of 18, the record must be destroyed unless the Department, within a reasonable period after the fingerprinted person's 18th birthday, obtains the permission of the fingerprinted person to retain the fingerprint record.
(Source: P.A. 94-481, eff. 1-1-06.)
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(20 ILCS 2605/2605-580)
Sec. 2605-580. Pilot program; Cyber Gang Units.
(a) The Department of State Police shall establish a pilot program from moneys available
under which Cyber Gang Units shall be created in the Lake County Metropolitan Enforcement Group and the Cook County Sheriff's Office. Under the pilot program for the operation of Cyber Gang Units, 50% shall be allocated to the Lake County Metropolitan Enforcement Group and 50% shall be allocated to the Cook County Sheriff's Office.
(b) Under the pilot program, the Cyber Gang Units
shall investigate criminal activities of organized gangs that involve the use of the Internet. For the duration of the pilot program and in accordance with protocols for inter-jurisdictional cooperation established by the Department of State Police, peace officers in each Cyber Gang Unit shall, notwithstanding any other provision of law, have extra-jurisdictional authority to conduct investigations and make arrests anywhere in the State of Illinois regarding criminal activities of organized gangs that involve the use of the Internet.
(c) Notwithstanding any other provision of law, if any criminal statute of this State authorizes the distribution of all or a portion of the proceeds realized from property seized or forfeited under that statute to participating law enforcement agencies or the delivery of property forfeited and
seized under that statute to participating law enforcement agencies, a law enforcement agency in which a Cyber Gang Unit has been created is eligible to receive such a distribution or delivery if that law enforcement agency participated through its Internet Gang Crime Unit, regardless of the jurisdiction in which the seizure or forfeiture occurs.
(d) The Lake County Metropolitan Enforcement Group and the Cook County Sheriff's Office shall report to the Department of State Police on a quarterly basis on the activities of their Cyber Gang Units in accordance with reporting guidelines established by the Department of State Police. The Department of State Police shall file a consolidated report on a quarterly basis with the General Assembly and the Governor. The Department's
consolidated report may also contain any evaluations or recommendations that the Department deems appropriate.
(e) The pilot program shall terminate on July 1, 2012.
(f) As used in this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-423, eff. 8-24-07; 96-303, eff. 8-11-09.)
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(20 ILCS 2605/2605-585)
Sec. 2605-585. Money Laundering Asset Recovery Fund. Moneys and the sale proceeds distributed to the Department of State Police pursuant to clause (h)(6)(C) of Section 29B-1 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be deposited in a special fund in the State treasury to be known as the Money Laundering Asset Recovery Fund. The moneys deposited in the Money Laundering Asset Recovery Fund shall be appropriated to and administered by the Department of State Police for State law enforcement purposes.
(Source: P.A. 96-1234, eff. 7-23-10; 97-1150, eff. 1-25-13.)
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(20 ILCS 2605/2605-590)
Sec. 2605-590. Drug Traffic Prevention Fund. Moneys deposited into the Drug Traffic Prevention Fund pursuant to subsection (e) of Section 5-9-1.1 and subsection (c) of Section 5-9-1.1-5 of the Unified Code of Corrections shall be appropriated to and administered by the Department of State Police for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.
(Source: P.A. 98-463, eff. 8-16-13.)
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(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund known as the State Police Firearm Services Fund. The Fund shall receive revenue under the Firearm Concealed Carry Act and Section 5 of the Firearm Owners Identification Card Act. The Fund may also receive revenue from grants, pass-through grants, donations, appropriations, and any other legal source.
(b) The Department of State Police may use moneys in the Fund to finance any of its lawful purposes, mandates, functions, and duties under the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act, including the cost of sending notices of expiration of Firearm Owner's Identification Cards, concealed carry licenses, the prompt and efficient processing of applications under the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act, the improved efficiency and reporting of the LEADS and federal NICS law enforcement data systems, and support for investigations required under these Acts and law. Any surplus funds beyond what is needed to comply with the aforementioned purposes shall be used by the Department to improve the Law Enforcement Agencies Data System (LEADS) and criminal history background check system.
(c) Investment income that is attributable to the investment of moneys in the Fund shall be retained in the Fund for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
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(20 ILCS 2605/2605-600)
Sec. 2605-600. Crimes Against Police Officers Advisory.
(a) For purposes of this Section:
"Attempt" has the meaning ascribed to that term in
| | Section 8-4 of the Criminal Code of 2012.
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| "Concealment of homicidal death" has the meaning
| | ascribed to that term in Section 9-3.4 of the Criminal Code of 2012.
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| "First degree murder" has the meaning ascribed to
| | that term in Section 9-1 of the Criminal Code of 2012.
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| "Involuntary manslaughter" and "reckless homicide"
| | have the meanings ascribed to those terms in Section 9-3 of the Criminal Code of 2012.
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| "Second degree murder" has the meaning ascribed to
| | that term in Section 9-2 of the Criminal Code of 2012.
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| (b) A coordinated program known as the Crimes Against Police Officers Advisory is established within
the Department of State Police. The purpose of the Crimes Against Police Officers Advisory is to
provide a regional system for the rapid dissemination of information regarding a person who is suspected of committing or attempting to commit any of the offenses described in subsection (c).
(c) The Department of State Police shall develop an advisory to assist law enforcement agencies when the commission or attempted commission of the following offenses against a peace officer occur:
(1) first degree murder;
(2) second degree murder;
(3) involuntary manslaughter;
(4) reckless homicide; and
(5)
concealment of homicidal death.
(d) Law enforcement agencies participating in the advisory may request assistance when:
(1) the agency believes that a suspect has not been
| | (2) the agency believes that the suspect may be a
| | serious threat to the public; and
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| (3) sufficient information is available to
| | disseminate to the public that could assist in locating the suspect.
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| (e) The Department of State Police shall reserve the authority to determine if dissemination of the information will pose a significant risk to the public or jeopardize the investigation.
(f) The Department of State Police may partner with media and may request a media broadcast concerning details of the suspect in order to obtain the public's assistance in locating the suspect or vehicle used in the offense, or both.
(Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)
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