Discussion in 'Illinois' started by imamaze, Nov 2, 2008.
Please post here any current laws/alerts in place relating to the Missing/UID.
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
(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
(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
(13) the missing person's social security number, if
(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
(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
(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:
(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
(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
(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;
(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
(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
(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
(B) the person is missing under suspicious
(C) the person is missing under unknown
(D) the person is missing under known dangerous
(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
(G) there is evidence that the person is at risk
(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
(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
(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
(C) Law enforcement agencies are encouraged to
establish written protocols for the handling of
missing person cases to accomplish the purposes of this
(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
(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
(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
(continued next post)
Public Act 095-0192
HB0194 Enrolled LRB095 04211 RLC 24251 b
AN ACT concerning missing persons. (continued)
Section 20. Unidentified persons or human remains
(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
(1) photographs of the human remains (prior to an
(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
(6) samples of whole bone or hair suitable for DNA
typing, or both;
(7) any other information that may support
(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,
(2) photographs of the unidentified person or human
(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
(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
(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
(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
(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
The Illinois AMBER Alert Notification Plan
To activate the AMBER Alert Notification Plan in Illinois, law enforcement agencies must ensure the following criteria
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 suspects vehicle to believe an immediate broadcast alert will help.