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  1. #1
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    IL Laws/Alerts in Place

    Please post here any current laws/alerts in place relating to the Missing/UID.

  2. #2
    Join Date
    Jul 2008
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    Public Act 095-0192

    HB0194 Enrolled LRB095 04211 RLC 24251 b

    AN ACT concerning missing persons.


    Be it enacted by the People of the State of Illinois,
    represented in the General Assembly:

    Section 1. Short title. This Act may be cited as the
    Missing Persons Identification Act.

    Section 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
    (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;
    (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.
    Section 10. Law enforcement analysis and reporting of
    missing person information.
    (a) Prompt determination of high-risk missing person.
    (1) Definition. "High-risk missing person" means a
    person whose whereabouts are not currently known and whose
    circumstances indicate that the person may be at risk of
    injury or death. The circumstances that indicate that a
    person is a high-risk missing person include, but are not
    limited to, any of the following:
    (A) the person is missing as a result of a stranger
    abduction;
    (B) the person is missing under suspicious
    circumstances;
    (C) the person is missing under unknown
    circumstances;
    (D) the person is missing under known dangerous
    circumstances;
    (E) the person is missing more than 30 days;
    (F) the person has already been designated as a
    high-risk missing person by another law enforcement
    agency;
    (G) there is evidence that the person is at risk
    because:
    (i) the person is in need of medical attention
    or prescription medication;
    (ii) the person does not have a pattern of
    running away or disappearing;
    (iii) the person may have been abducted by a
    non-custodial parent;
    (iv) the person is mentally impaired;
    (v) the person is under the age of 21;
    (vi) the person has been the subject of past
    threats or acts of violence;
    (vii) the person has eloped from a nursing
    home; or
    (H) any other factor that may, in the judgment of
    the law enforcement official, indicate that the
    missing person may be at risk.
    (2) Law enforcement risk assessment.
    (A) Upon initial receipt of a missing person
    report, the law enforcement agency shall immediately
    determine whether there is a basis to determine that
    the missing person is a high-risk missing person.
    (B) If a law enforcement agency has previously
    determined that a missing person is not a high-risk
    missing person, but obtains new information, it shall
    immediately determine whether the information
    indicates that the missing person is a high-risk
    missing person.
    (C) Law enforcement agencies are encouraged to
    establish written protocols for the handling of
    missing person cases to accomplish the purposes of this
    Act.
    (3) Law enforcement agency reports.
    (A) The responding local law enforcement agency
    shall immediately enter all collected information
    relating to the missing person case in the Law
    Enforcement Agencies Data System (LEADS) and the
    National Crime Information Center (NCIC) databases.
    The information shall be provided in accordance with
    applicable guidelines relating to the databases. The
    information shall be entered as follows:
    (i) All appropriate DNA profiles, as
    determined by the Department of State Police,
    shall be uploaded into the missing person
    databases of the State DNA Index System (SDIS) and
    National DNA Index System (NDIS) after completion
    of the DNA analysis and other procedures required
    for database entry.
    (ii) Information relevant to the Federal
    Bureau of Investigation's Violent Criminal
    Apprehension Program shall be entered as soon as
    possible.
    (iii) The Department of State Police shall
    ensure that persons entering data relating to
    medical or dental records in State or federal
    databases are specifically trained to understand
    and correctly enter the information sought by
    these databases. The Department of State Police
    shall either use a person with specific expertise
    in medical or dental records for this purpose or
    consult with a chief medical examiner, forensic
    anthropologist, or odontologist to ensure the
    accuracy and completeness of information entered
    into the State and federal databases.
    (B) The Department of State Police shall
    immediately notify all law enforcement agencies within
    this State and the surrounding region of the
    information that will aid in the prompt location and
    safe return of the high-risk missing person.
    (C) The local law enforcement agencies that
    receive the notification from the Department of State
    Police shall notify officers to be on the lookout for
    the missing person or a suspected abductor.
    (D) Pursuant to any applicable State criteria,
    local law enforcement agencies shall also provide for
    the prompt use of an Amber Alert in cases involving
    abducted children; or public dissemination of
    photographs in appropriate high risk cases.
    Section 15. Reporting of unidentified persons and human
    remains.
    (a) Handling of death scene investigations.
    (1) The Department of State Police shall provide
    information to local law enforcement agencies about best
    practices for handling death scene investigations.
    (2) The Department of State Police shall identify any
    publications or training opportunities that may be
    available to local law enforcement agencies or law
    enforcement officers and coroners and medical examiners
    concerning the handling of death scene investigations.
    (b) Law enforcement reports.
    (1) Before performing any death scene investigation
    deemed appropriate under the circumstances, the official
    with custody of the human remains shall ensure that the
    coroner or medical examiner of the county in which the
    deceased was found has been notified.
    (2) Any coroner or medical examiner with custody of
    human remains that are not identified within 24 hours of
    discovery shall promptly notify the Department of State
    Police of the location of those remains.
    (3) If the coroner or medical examiner with custody of
    remains cannot determine whether or not the remains found
    are human, the coroner or medical examiner shall notify the
    Department of State Police of the existence of possible
    human remains.

    (continued next post)

  3. #3
    Join Date
    Jul 2008
    Posts
    2,523
    Public Act 095-0192
    HB0194 Enrolled LRB095 04211 RLC 24251 b
    AN ACT concerning missing persons. (continued)


    Section 20. Unidentified persons or human remains
    identification responsibilities.
    (a) If the official with custody of human remains is not a
    coroner or medical examiner, the official shall immediately
    notify the coroner or medical examiner of the county in which
    the remains were found. The coroner or medical examiner shall
    go to the scene and take charge of the remains.
    (b) Notwithstanding any other action deemed appropriate
    for the handling of the human remains, the medical examiner or
    coroner shall make reasonable attempts to promptly identify
    human remains. These actions may include but are not limited to
    obtaining:
    (1) photographs of the human remains (prior to an
    autopsy);
    (2) dental or skeletal X-rays;
    (3) photographs of items found with the human remains;
    (4) fingerprints from the remains, if possible;
    (5) samples of tissue suitable for DNA typing, if
    possible;
    (6) samples of whole bone or hair suitable for DNA
    typing, or both;
    (7) any other information that may support
    identification efforts.
    (c) No medical examiner or coroner or any other person
    shall dispose of, or engage in actions that will materially
    affect the unidentified human remains before the medical
    examiner or coroner obtains:
    (1) samples suitable for DNA identification,
    archiving;
    (2) photographs of the unidentified person or human
    remains; and
    (3) all other appropriate steps for identification
    have been exhausted.
    (d) Cremation of unidentified human remains is prohibited.
    (e) The medical examiner or coroner or the Department of
    State Police shall make reasonable efforts to obtain prompt DNA
    analysis of biological samples if the human remains have not
    been identified by other means within 30 days.
    (f) The medical examiner or coroner or the Department of
    State Police shall seek support from appropriate State and
    federal agencies for human remains identification efforts.
    This support may include, but is not limited to, available
    mitochondrial or nuclear DNA testing, federal grants for DNA
    testing, or federal grants for crime laboratory or medical
    examiner or coroner's office improvement.
    (g) The Department of State Police shall promptly enter
    information in federal and State databases that may aid in the
    identification of human remains. Information shall be entered
    into federal databases as follows:
    (1) information for the National Crime Information
    Center shall be entered within 72 hours;
    (2) DNA profiles and information shall be entered into
    the National DNA Index System (NDIS) within 5 business days
    after the completion of the DNA analysis and procedures
    necessary for the entry of the DNA profile; and
    (3) information sought by the Violent Criminal
    Apprehension Program database shall be entered as soon as
    practicable.
    (h) If the Department of State Police does not input the
    data directly into the federal databases, the Department of
    State Police shall consult with the medical examiner or
    coroner's office to ensure appropriate training of the data
    entry personnel and the establishment of a quality assurance
    protocol for ensuring the ongoing quality of data entered in
    the federal and State databases.
    (i) Nothing in this Act shall be interpreted to preclude
    any medical examiner or coroner's office, the Department of
    State Police, or a local law enforcement agency from pursuing
    other efforts to identify unidentified human remains including
    efforts to publicize information, descriptions, or photographs
    that may aid in the identification of the unidentified remains,
    allow family members to identify the missing person, and seek
    to protect the dignity of the missing person.
    Section 95. The Department of State Police Law of the Civil
    Administrative Code of Illinois is amended by changing Section
    2605-375 as follows:
    (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.
    (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:
    (A) a physical description of the missing
    person;
    (B) the date, time, and place that the missing
    person was last seen; and
    (C) the missing person's address.
    (2) Information gathered by a preliminary
    investigation, if one was made.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (d) The Department of State Police shall perform the duties
    prescribed in the Missing Persons Identification Act, subject
    to appropriation.
    (Source: P.A. 94-145, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
    becoming law. Effective Date: 8/16/2007

    http://www.ilga.gov/legislation/publ...nt=true&write=

  4. #4
    Join Date
    Jul 2008
    Posts
    2,523
    The Illinois AMBER Alert Notification Plan

    To activate the AMBER Alert Notification Plan in Illinois, law enforcement agencies must ensure the following criteria
    are met:

    1. Law enforcement must confirm a child has been abducted.

    2. The child must be under the age of 16 or have a proven mental or physical disability.

    3. Law enforcement must believe the child is in danger of serious bodily harm or death.

    4. There is enough descriptive information about the child, abductor, and/or suspectís vehicle to believe an immediate broadcast alert will help.

    http://www.amberillinois.org/



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