Bill Text: IL HB3673 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall develop a coordinated program for a statewide emergency alert system when a developmentally disabled adult is missing or kidnapped. Provides that 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 developmentally disabled adult abduction to immediately provide critical information to the public. Provides that the Department of State Police shall establish a Developmentally Disabled Adult Plan Task Force to monitor and review the implementation and operation of the system. Provides that 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 guardians of developmentally disabled adults of developmentally disabled adult abduction prevention and response. Provides that the Department shall appoint a Developmentally Disabled Adult Safety Coordinator to assist in the establishment of State standards for developmentally disabled adult safety from kidnap and abduction and to advocate for the achievement of those standards. Amends the Missing Persons Identification Act and the Video Gaming Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3673 Detail]

Download: Illinois-2013-HB3673-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3673 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
20 ILCS 2605/2605-481 new
20 ILCS 2605/2605-575
50 ILCS 722/10
230 ILCS 40/15.1 new
Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall develop a coordinated program for a statewide emergency alert system when a developmentally disabled adult is missing or kidnapped. Provides that 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 developmentally disabled adult abduction to immediately provide critical information to the public. Provides that the Department of State Police shall establish a Developmentally Disabled Adult Plan Task Force to monitor and review the implementation and operation of the system. Provides that 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 guardians of developmentally disabled adults of developmentally disabled adult abduction prevention and response. Provides that the Department shall appoint a Developmentally Disabled Adult Safety Coordinator to assist in the establishment of State standards for developmentally disabled adult safety from kidnap and abduction and to advocate for the achievement of those standards. Amends the Missing Persons Identification Act and the Video Gaming Act to make conforming changes. Effective immediately.
LRB098 13098 RLC 47612 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3673 LRB098 13098 RLC 47612 b
AN ACT concerning developmentally disabled adults.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-575 and adding Section 2605-481 as follows:
(20 ILCS 2605/2605-481 new)
Sec. 2605-481. Statewide developmentally disabled adult
kidnapping alert and prevention program; Developmentally
Disabled Adult Safety Coordinator.
(a) For purposes of this Section, "developmentally
disabled adult" means a person at least 18 years of age who has
a developmental disability as defined in Section 1-106 of the
Mental Health and Developmental Disabilities Code.
(b) The Department of State Police shall develop a
coordinated program for a statewide emergency alert system when
a developmentally disabled adult 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 developmentally disabled adult abduction to
immediately provide critical information to the public.
(c) The Department of State Police shall establish a

HB3673 - 2 - LRB098 13098 RLC 47612 b
Developmentally Disabled Adult Plan Task Force to monitor and
review the implementation and operation of the system developed
under subsection (b), including procedures, budgetary
requirements, and response protocols. The Task Force shall also
develop additional network resources for use in the system.
(d) 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 guardians of developmentally disabled adults
of developmentally disabled adult abduction prevention and
response.
(e) The Department shall appoint a Developmentally
Disabled Adult Safety Coordinator to assist in the
establishment of State standards for developmentally disabled
adult safety from kidnap and abduction and to advocate for the
achievement of those standards. The Developmentally Disabled
Adult Safety Coordinator shall have the qualifications and
experience that the Department shall require by rule. The
Developmentally Disabled Adult 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
Developmentally Disabled Adult Safety Coordinator. The
Department shall provide technical assistance for the
Developmentally Disabled Adult Safety Coordinator from its
existing resources.

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(20 ILCS 2605/2605-575)
Sec. 2605-575. Children's and developmentally disabled
adult fingerprints. With the written permission of the child's
parent or guardian or the guardian of a developmentally
disabled adult, the Department may retain the fingerprint
record of a child or developmentally disabled adult
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 or developmentally disabled adult is
later missing or abducted, if an Amber Alert or Developmentally
Disabled Adult Alert is issued for that child or
developmentally disabled adult, or if a missing person report
is filed for that child or developmentally disabled adult with
one or more local law enforcement agencies, and for no other
purpose. In the case of a child, after 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.)
Section 10. The Missing Persons Identification Act is
amended by changing Section 10 as follows:

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(50 ILCS 722/10)
Sec. 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,
including but not limited to persons with

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dementia-like symptoms, 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.

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(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

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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; use of a Developmentally Disabled
Adult Alert in cases involving abducted
developmentally disabled adults; or use of the
Endangered Missing Person Advisory in appropriate high

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risk cases.
(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)
Section 15. The Video Gaming Act is amended by adding
Section 15.1 as follows:
(230 ILCS 40/15.1 new)
Sec. 15.1. Developmentally Disabled Adult Alert. The
Board, in its discretion, may require video gaming terminals to
display Developmentally Disabled Adult Alert messages if the
Board makes a finding that it would be economically and
technically feasible and pose no risk to the integrity and
security of the central communications system and video gaming
terminals.
Section 99. Effective date. This Act takes effect upon
becoming law.