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1 AN ACT concerning the Illinois State Police.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Gun Trafficking Information Act is amended
5 by changing Section 10-5 as follows:
6 (5 ILCS 830/10-5)
7 Sec. 10-5. Gun trafficking information.
8 (a) The Illinois State Police shall use all reasonable
9 efforts, as allowed by State law and regulations, federal law
10 and regulations, and executed Memoranda of Understanding
11 between Illinois law enforcement agencies and the U.S. Bureau
12 of Alcohol, Tobacco, Firearms and Explosives, in making
13 publicly available, on a regular and ongoing basis, key
14 information related to firearms used in the commission of
15 crimes in this State that are reported to and investigated by
16 the Illinois State Police, including, but not limited to:
17 reports on crimes committed with firearms, locations where the
18 crimes occurred, the number of persons killed or injured in
19 the commission of the crimes, the state where the firearms
20 used originated, the Federal Firearms Licensee that sold the
21 firearm, the type of firearms used, if known, annual
22 statistical information concerning Firearm Owner's
23 Identification Card and concealed carry license applications,
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1 revocations, and compliance with Section 9.5 of the Firearm
2 Owners Identification Card Act, the information required in
3 the report or on the Illinois State Police's website under
4 Section 85 of the Firearms Restraining Order Act firearm
5 restraining order dispositions, and firearm dealer license
6 certification inspections. The Illinois State Police shall
7 make the information available on its website, which may be
8 presented in a dashboard format, in addition to electronically
9 filing a report with the Governor and the General Assembly.
10 The report to the General Assembly shall be filed with the
11 Clerk of the House of Representatives and the Secretary of the
12 Senate in electronic form only, in the manner that the Clerk
13 and the Secretary shall direct.
14 (b) The Illinois State Police shall study, on a regular
15 and ongoing basis, and compile reports on the number of
16 Firearm Owner's Identification Card checks to determine
17 firearms trafficking or straw purchase patterns. The Illinois
18 State Police shall, to the extent not inconsistent with law,
19 share such reports and underlying data with academic centers,
20 foundations, and law enforcement agencies studying firearms
21 trafficking, provided that personally identifying information
22 is protected. For purposes of this subsection (b), a Firearm
23 Owner's Identification Card number is not personally
24 identifying information, provided that no other personal
25 information of the card holder is attached to the record. The
26 Illinois State Police may create and attach an alternate
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1 unique identifying number to each Firearm Owner's
2 Identification Card number, instead of releasing the Firearm
3 Owner's Identification Card number itself.
4 (c) Each department, office, division, and agency of this
5 State shall, to the extent not inconsistent with law,
6 cooperate fully with the Illinois State Police and furnish the
7 Illinois State Police with all relevant information and
8 assistance on a timely basis as is necessary to accomplish the
9 purpose of this Act. The Illinois Criminal Justice Information
10 Authority shall submit the information required in subsection
11 (a) of this Section to the Illinois State Police, and any other
12 information as the Illinois State Police may request, to
13 assist the Illinois State Police in carrying out its duties
14 under this Act.
15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
16 102-813, eff. 5-13-22.)
17 Section 10. The Illinois State Police Law of the Civil
18 Administrative Code of Illinois is amended by changing
19 Sections 2605-10, 2605-30, 2605-35, 2605-40, 2605-45, 2605-51,
20 2605-52, and 2605-200 as follows:
21 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
22 Sec. 2605-10. Powers and duties, generally.
23 (a) The Illinois State Police shall exercise the rights,
24 powers, and duties that have been vested in the Illinois State
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1 Police by the following:
2 The Illinois State Police Act.
3 The Illinois State Police Radio Act.
4 The Criminal Identification Act.
5 The Illinois Vehicle Code.
6 The Firearm Owners Identification Card Act.
7 The Firearm Concealed Carry Act.
8 The Firearm Dealer License Certification Act Gun Dealer
9 Licensing Act.
10 The Intergovernmental Missing Child Recovery Act of 1984.
11 The Intergovernmental Drug Laws Enforcement Act.
12 The Narcotic Control Division Abolition Act.
13 The Illinois Uniform Conviction Information Act.
14 The Murderer and Violent Offender Against Youth
15 Registration Act.
16 (b) The Illinois State Police shall have the powers and
17 duties set forth in the following Sections.
18 (Source: P.A. 102-538, eff. 8-20-21.)
19 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
20 Sec. 2605-30. Division of Patrol Operations (formerly
21 State Troopers). The Division of Patrol Operations shall
22 exercise the following functions and those in Section 2605-35:
23 (1) Cooperate with federal and State authorities
24 requesting utilization of the Illinois State Police's
25 radio network system under the Illinois Aeronautics Act.
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1 (2) Exercise the rights, powers, and duties of the
2 Illinois State Police under the Illinois State Police Act.
3 (2.5) Provide uniformed patrol of Illinois highways
4 and proactively enforce criminal and traffic laws.
5 (3) (Blank).
6 (4) Exercise the rights, powers, and duties of the
7 Illinois State Police vested by law in the Illinois State
8 Police by the Illinois Vehicle Code.
9 (5) Exercise other duties that have been or may be
10 vested by law in the Illinois State Police.
11 (6) Exercise other duties that may be assigned by the
12 Director in order to fulfill the responsibilities and to
13 achieve the purposes of the Illinois State Police.
14 (7) Provide comprehensive law enforcement services to
15 the public and to county, municipal, and federal law
16 enforcement agencies.
17 (8) Patrol Illinois highways with the intent to
18 interdict crime and ensure traffic safety while assisting
19 citizens during times of need.
20 (Source: P.A. 102-538, eff. 8-20-21.)
21 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
22 Sec. 2605-35. Division of Criminal Investigation.
23 (a) The Division of Criminal Investigation shall exercise
24 the following functions and those in Section 2605-30:
25 (1) Exercise the rights, powers, and duties vested by
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1 law in the Illinois State Police by the Illinois Horse
2 Racing Act of 1975, including those set forth in Section
3 2605-215.
4 (2) Investigate the origins, activities, personnel,
5 and incidents of crime and enforce the criminal laws of
6 this State related thereto.
7 (3) Enforce all laws regulating the production, sale,
8 prescribing, manufacturing, administering, transporting,
9 having in possession, dispensing, delivering,
10 distributing, or use of controlled substances and
11 cannabis.
12 (4) Cooperate with the police of cities, villages, and
13 incorporated towns and with the police officers of any
14 county in enforcing the laws of the State and in making
15 arrests and recovering property.
16 (5) Apprehend and deliver up any person charged in
17 this State or any other state with treason or a felony or
18 other crime who has fled from justice and is found in this
19 State.
20 (6) Investigate recipients and providers under the
21 Illinois Public Aid Code and any personnel involved in the
22 administration of the Code who are suspected of any
23 violation of the Code pertaining to fraud in the
24 administration, receipt, or provision of assistance and
25 pertaining to any violation of criminal law; and exercise
26 the functions required under Section 2605-220 in the
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1 conduct of those investigations.
2 (7) Conduct other investigations as provided by law,
3 including, but not limited to, investigations of human
4 trafficking, illegal drug trafficking, and illegal
5 firearms trafficking, and cybercrimes that can be
6 investigated and prosecuted in Illinois.
7 (8) Investigate public corruption.
8 (9) Exercise other duties that may be assigned by the
9 Director in order to fulfill the responsibilities and
10 achieve the purposes of the Illinois State Police, which
11 may include the coordination of gang, terrorist, and
12 organized crime prevention, control activities, and
13 assisting local law enforcement in their crime control
14 activities.
15 (10) Conduct investigations (and cooperate with
16 federal law enforcement agencies in the investigation) of
17 any property-related crimes, such as money laundering,
18 involving individuals or entities listed on the sanctions
19 list maintained by the U.S. Department of Treasury's
20 Office of Foreign Asset Control.
21 (11) Oversee special weapons and tactics (SWAT) teams.
22 (12) Oversee Illinois State Police air operations.
23 (13) Investigate criminal domestic terrorism
24 incidents, and otherwise deter all criminal threats to
25 Illinois.
26 (a-5) The Division of Criminal Investigation shall gather
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1 information, intelligence, and evidence to facilitate the
2 identification, apprehension, and prosecution of persons
3 responsible for committing crime; to provide specialized
4 intelligence and analysis, investigative, tactical, and
5 technological services in support of law enforcement
6 operations throughout the State of Illinois; and to oversee
7 and operate a statewide criminal intelligence fusion center.
8 (b) (Blank).
9 (c) The Division of Criminal Investigation shall provide
10 statewide coordination and strategy pertaining to
11 firearm-related intelligence, firearms trafficking
12 interdiction, and investigations reaching across all divisions
13 of the Illinois State Police, including providing crime gun
14 intelligence support for suspects and firearms involved in
15 firearms trafficking or the commission of a crime involving
16 firearms that is investigated by the Illinois State Police and
17 other federal, State, and local law enforcement agencies, with
18 the objective of reducing and preventing illegal possession
19 and use of firearms, firearms trafficking, firearm-related
20 homicides, and other firearm-related violent crimes in
21 Illinois.
22 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
23 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
24 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
25 Sec. 2605-40. Division of Forensic Services. The Division
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1 of Forensic Services shall exercise the following functions:
2 (1) Provide crime scene services and traffic crash
3 reconstruction.
4 (2) Exercise the rights, powers, and duties vested by
5 law in the Illinois State Police by Section 2605-300 of
6 this Law.
7 (3) Provide assistance to local law enforcement
8 agencies through training, management, and consultant
9 services.
10 (4) (Blank).
11 (5) Exercise other duties that may be assigned by the
12 Director in order to fulfill the responsibilities and
13 achieve the purposes of the Illinois State Police.
14 (6) Establish and operate a forensic science
15 laboratory system, including a forensic toxicological
16 laboratory service, for the purpose of testing specimens
17 submitted by coroners and other law enforcement officers
18 in their efforts to determine whether alcohol, drugs, or
19 poisonous or other toxic substances have been involved in
20 deaths, accidents, or illness. Forensic toxicological
21 laboratories shall be established in Springfield, Chicago,
22 and elsewhere in the State as needed.
23 (6.5) Establish administrative rules in order to set
24 forth standardized requirements for the disclosure of
25 toxicology results and other relevant documents related to
26 a toxicological analysis. These administrative rules are
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1 to be adopted to produce uniform and sufficient
2 information to allow a proper, well-informed determination
3 of the admissibility of toxicology evidence and to ensure
4 that this evidence is presented competently. These
5 administrative rules are designed to provide a minimum
6 standard for compliance of toxicology evidence and are not
7 intended to limit the production and discovery of material
8 information.
9 (7) Subject to specific appropriations made for these
10 purposes, establish and coordinate a system for providing
11 accurate and expedited forensic science and other
12 investigative and laboratory services to local law
13 enforcement agencies and local State's Attorneys in aid of
14 the investigation and trial of capital cases.
15 (8) Exercise the rights, powers, and duties vested by
16 law in the Illinois State Police under the Sexual Assault
17 Evidence Submission Act.
18 (9) Serve as the State central repository for all
19 genetic marker grouping analysis information and exercise
20 the rights, powers, and duties vested by law in the
21 Illinois State Police under Section 5-4-3 of the Unified
22 Code of Corrections.
23 (10) Issue reports required under Section 5-4-3a of
24 the Unified Code of Corrections.
25 (11) Oversee the Electronic Laboratory Information
26 Management System under Section 5-4-3b of the Unified Code
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1 of Corrections.
2 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
3 102-813, eff. 5-13-22.)
4 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
5 Sec. 2605-45. Division of Justice Services. The Division
6 of Justice Services shall provide administrative and technical
7 services and support to the Illinois State Police, criminal
8 justice agencies, and the public and shall exercise the
9 following functions:
10 (1) Operate and maintain the Law Enforcement Agencies
11 Data System (LEADS), a statewide, computerized
12 telecommunications system designed to provide services,
13 information, and capabilities to the law enforcement and
14 criminal justice community in the State of Illinois. The
15 Director is responsible for establishing policy,
16 procedures, and regulations consistent with State and
17 federal rules, policies, and law by which LEADS operates.
18 The Director shall designate a statewide LEADS
19 Administrator for management of the system. The Director
20 may appoint a LEADS Advisory Policy Board to reflect the
21 needs and desires of the law enforcement and criminal
22 justice community and to make recommendations concerning
23 policies and procedures.
24 (2) Pursue research and the publication of studies
25 pertaining to local law enforcement activities.
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1 (3) Serve as the State's point of contact for the
2 Federal Bureau of Investigation's Uniform Crime Reporting
3 Program and National Incident-Based Reporting System.
4 (4) Operate an electronic data processing and computer
5 center for the storage and retrieval of data pertaining to
6 criminal activity.
7 (5) Exercise the rights, powers, and duties vested in
8 the Illinois State Police by the Cannabis Regulation and
9 Tax Act and the Compassionate Use of Medical Cannabis
10 Program Act.
11 (6) (Blank).
12 (6.5) Exercise the rights, powers, and duties vested
13 in the Illinois State Police by the Firearm Owners
14 Identification Card Act, the Firearm Concealed Carry Act,
15 the Firearm Transfer Inquiry Program, the prohibited
16 persons portal under Section 2605-304, and the Firearm
17 Dealer License Certification Act.
18 (7) Exercise other duties that may be assigned by the
19 Director to fulfill the responsibilities and achieve the
20 purposes of the Illinois State Police.
21 (8) Exercise the rights, powers, and duties vested by
22 law in the Illinois State Police by the Criminal
23 Identification Act and the Illinois Uniform Conviction
24 Information Act.
25 (9) Exercise the powers and perform the duties that
26 have been vested in the Illinois State Police by the
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1 Murderer and Violent Offender Against Youth Registration
2 Act, the Sex Offender Registration Act, and the Sex
3 Offender Community Notification Law and adopt reasonable
4 rules necessitated thereby.
5 (10) Serve as the State central repository for
6 criminal history record information.
7 (11) Liaise with the Concealed Carry Licensing Review
8 Board and the Firearms Owner's Identification Card Review
9 Board.
10 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
11 (20 ILCS 2605/2605-51)
12 Sec. 2605-51. Division of the Academy and Training.
13 (a) The Division of the Academy and Training shall
14 exercise, but not be limited to, the following functions:
15 (1) Oversee and operate the Illinois State Police
16 Training Academy.
17 (2) Train and prepare new officers for a career in law
18 enforcement, with innovative, quality training and
19 educational practices.
20 (3) Offer continuing training and educational programs
21 for Illinois State Police employees.
22 (4) Oversee the Illinois State Police's recruitment
23 initiatives.
24 (5) Oversee and operate the Illinois State Police's
25 quartermaster.
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1 (6) Duties assigned to the Illinois State Police in
2 Article 5, Chapter 11 of the Illinois Vehicle Code
3 concerning testing and training officers on the detection
4 of impaired driving.
5 (7) Duties assigned to the Illinois State Police in
6 Article 108B of the Code of Criminal Procedure.
7 (b) The Division of the Academy and Training shall
8 exercise the rights, powers, and duties vested in the former
9 Division of State Troopers by Section 17 of the Illinois State
10 Police Act.
11 (c) Specialized training.
12 (1) Training; cultural diversity. The Division of the
13 Academy and Training shall provide training and continuing
14 education to State police officers concerning cultural
15 diversity, including sensitivity toward racial and ethnic
16 differences. This training and continuing education shall
17 include, but not be limited to, an emphasis on the fact
18 that the primary purpose of enforcement of the Illinois
19 Vehicle Code is safety and equal and uniform enforcement
20 under the law.
21 (2) Training; death and homicide investigations. The
22 Division of the Academy and Training shall provide
23 training in death and homicide investigation for State
24 police officers. Only State police officers who
25 successfully complete the training may be assigned as lead
26 investigators in death and homicide investigations.
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1 Satisfactory completion of the training shall be evidenced
2 by a certificate issued to the officer by the Division of
3 the Academy and Training. The Director shall develop a
4 process for waiver applications for officers whose prior
5 training and experience as homicide investigators may
6 qualify them for a waiver. The Director may issue a
7 waiver, at his or her discretion, based solely on the
8 prior training and experience of an officer as a homicide
9 investigator.
10 (A) The Division shall require all homicide
11 investigator training to include instruction on
12 victim-centered, trauma-informed investigation. This
13 training must be implemented by July 1, 2023.
14 (B) The Division shall cooperate with the Division
15 of Criminal Investigation to develop a model
16 curriculum on victim-centered, trauma-informed
17 investigation. This curriculum must be implemented by
18 July 1, 2023.
19 (3) Training; police dog training standards. All
20 police dogs used by the Illinois State Police for drug
21 enforcement purposes pursuant to the Cannabis Control Act,
22 the Illinois Controlled Substances Act, and the
23 Methamphetamine Control and Community Protection Act shall
24 be trained by programs that meet the certification
25 requirements set by the Director or the Director's
26 designee. Satisfactory completion of the training shall be
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1 evidenced by a certificate issued by the Division of the
2 Academy and Training.
3 (4) Training; post-traumatic stress disorder. The
4 Division of the Academy and Training shall conduct or
5 approve a training program in post-traumatic stress
6 disorder for State police officers. The purpose of that
7 training shall be to equip State police officers to
8 identify the symptoms of post-traumatic stress disorder
9 and to respond appropriately to individuals exhibiting
10 those symptoms.
11 (5) Training; opioid antagonists. The Division of the
12 Academy and Training shall conduct or approve a training
13 program for State police officers in the administration of
14 opioid antagonists as defined in paragraph (1) of
15 subsection (e) of Section 5-23 of the Substance Use
16 Disorder Act that is in accordance with that Section. As
17 used in this Section, "State police officers" includes
18 full-time or part-time State police officers,
19 investigators, and any other employee of the Illinois
20 State Police exercising the powers of a peace officer.
21 (6) Training; sexual assault and sexual abuse.
22 (A) Every 3 years, the Division of the Academy and
23 Training shall present in-service training on sexual
24 assault and sexual abuse response and report writing
25 training requirements, including, but not limited to,
26 the following:
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1 (i) recognizing the symptoms of trauma;
2 (ii) understanding the role trauma has played
3 in a victim's life;
4 (iii) responding to the needs and concerns of
5 a victim;
6 (iv) delivering services in a compassionate,
7 sensitive, and nonjudgmental manner;
8 (v) interviewing techniques in accordance with
9 the curriculum standards in this paragraph (6);
10 (vi) understanding cultural perceptions and
11 common myths of sexual assault and sexual abuse;
12 and
13 (vii) report writing techniques in accordance
14 with the curriculum standards in this paragraph
15 (6).
16 (B) This training must also be presented in all
17 full and part-time basic law enforcement academies.
18 (C) Instructors providing this training shall have
19 successfully completed training on evidence-based,
20 trauma-informed, victim-centered responses to cases of
21 sexual assault and sexual abuse and have experience
22 responding to sexual assault and sexual abuse cases.
23 (D) The Illinois State Police shall adopt rules,
24 in consultation with the Office of the Attorney
25 General and the Illinois Law Enforcement Training
26 Standards Board, to determine the specific training
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1 requirements for these courses, including, but not
2 limited to, the following:
3 (i) evidence-based curriculum standards for
4 report writing and immediate response to sexual
5 assault and sexual abuse, including
6 trauma-informed, victim-centered interview
7 techniques, which have been demonstrated to
8 minimize retraumatization, for all State police
9 officers; and
10 (ii) evidence-based curriculum standards for
11 trauma-informed, victim-centered investigation
12 and interviewing techniques, which have been
13 demonstrated to minimize retraumatization, for
14 cases of sexual assault and sexual abuse for all
15 State police officers who conduct sexual assault
16 and sexual abuse investigations.
17 (7) Training; human trafficking. The Division of the
18 Academy and Training shall conduct or approve a training
19 program in the detection and investigation of all forms of
20 human trafficking, including, but not limited to,
21 involuntary servitude under subsection (b) of Section 10-9
22 of the Criminal Code of 2012, involuntary sexual servitude
23 of a minor under subsection (c) of Section 10-9 of the
24 Criminal Code of 2012, and trafficking in persons under
25 subsection (d) of Section 10-9 of the Criminal Code of
26 2012. This program shall be made available to all cadets
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1 and State police officers.
2 (8) Training; hate crimes. The Division of the Academy
3 and Training shall provide training for State police
4 officers in identifying, responding to, and reporting all
5 hate crimes.
6 (d) The Division of the Academy and Training shall
7 administer and conduct a program consistent with 18 U.S.C.
8 926B and 926C for qualified active and retired Illinois State
9 Police officers.
10 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
11 102-813, eff. 5-13-22.)
12 (20 ILCS 2605/2605-52)
13 Sec. 2605-52. Division of Statewide 9-1-1.
14 (a) There shall be established an Office of the Statewide
15 9-1-1 Administrator within the Division of Statewide 9-1-1.
16 Beginning January 1, 2016, the Office of the Statewide 9-1-1
17 Administrator shall be responsible for developing,
18 implementing, and overseeing a uniform statewide 9-1-1 system
19 for all areas of the State outside of municipalities having a
20 population over 500,000.
21 (b) The Governor shall appoint, with the advice and
22 consent of the Senate, a Statewide 9-1-1 Administrator. The
23 Administrator shall serve for a term of 2 years, and until a
24 successor is appointed and qualified; except that the term of
25 the first 9-1-1 Administrator appointed under this Act shall
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1 expire on the third Monday in January, 2017. The Administrator
2 shall not hold any other remunerative public office. The
3 Administrator shall receive an annual salary as set by the
4 Governor.
5 (c) The Illinois State Police, from appropriations made to
6 it for that purpose, shall make grants to 9-1-1 Authorities
7 for the purpose of defraying costs associated with 9-1-1
8 system consolidations awarded by the Administrator under
9 Section 15.4b of the Emergency Telephone System Act.
10 (d) The Division of Statewide 9-1-1 shall exercise the
11 rights, powers, and duties vested by law in the Illinois State
12 Police by the State Police Radio Act and shall oversee the
13 Illinois State Police radio network, including the Illinois
14 State Police Emergency Radio Network and Illinois State
15 Police's STARCOM21.
16 (e) The Division of Statewide 9-1-1 shall also conduct the
17 following communication activities:
18 (1) Acquire and operate one or more radio broadcasting
19 stations in the State to be used for police purposes.
20 (2) Operate a statewide communications network to
21 gather and disseminate information for law enforcement
22 agencies.
23 (3) Undertake other communication activities that may
24 be required by law.
25 (4) Oversee Illinois State Police telecommunications.
26 (f) The Division of Statewide 9-1-1 shall oversee the
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1 Illinois State Police fleet operations.
2 (Source: P.A. 102-538, eff. 8-20-21.)
3 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
4 Sec. 2605-200. Investigations of crime; enforcement of
5 laws; records; crime laboratories; personnel.
6 (a) To do the following:
7 (1) Investigate the origins, activities, personnel,
8 and incidents of crime and the ways and means to redress
9 the victims of crimes; study the impact, if any, of
10 legislation relative to the effusion of crime and growing
11 crime rates; and enforce the criminal laws of this State
12 related thereto.
13 (2) Enforce all laws regulating the production, sale,
14 prescribing, manufacturing, administering, transporting,
15 having in possession, dispensing, delivering,
16 distributing, or use of controlled substances and
17 cannabis.
18 (3) Employ skilled experts, scientists, technicians,
19 investigators, or otherwise specially qualified persons to
20 aid in preventing or detecting crime, apprehending
21 criminals, or preparing and presenting evidence of
22 violations of the criminal laws of the State.
23 (4) Cooperate with the police of cities, villages, and
24 incorporated towns and with the police officers of any
25 county in enforcing the laws of the State and in making
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1 arrests and recovering property.
2 (5) Apprehend and deliver up any person charged in
3 this State or any other state of the United States with
4 treason or a felony or other crime who has fled from
5 justice and is found in this State.
6 (6) Conduct other investigations as provided by law.
7 (7) Be a central repository and custodian of criminal
8 statistics for the State.
9 (8) Be a central repository for criminal history
10 record information.
11 (9) Procure and file for record information that is
12 necessary and helpful to plan programs of crime
13 prevention, law enforcement, and criminal justice.
14 (10) Procure and file for record copies of
15 fingerprints that may be required by law.
16 (11) Establish general and field crime laboratories.
17 (12) Register and file for record information that may
18 be required by law for the issuance of firearm owner's
19 identification cards under the Firearm Owners
20 Identification Card Act and concealed carry licenses under
21 the Firearm Concealed Carry Act.
22 (13) Employ laboratory technicians and other specially
23 qualified persons to aid in the identification of criminal
24 activity and the identification, collection, and recovery
25 of cyber forensics, including, but not limited to, digital
26 evidence, and may employ polygraph operators and forensic
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1 anthropologists.
2 (14) Undertake other identification, information,
3 laboratory, statistical, or registration activities that
4 may be required by law.
5 (b) Persons exercising the powers set forth in subsection
6 (a) within the Illinois State Police are conservators of the
7 peace and as such have all the powers possessed by policemen in
8 cities and sheriffs, except that they may exercise those
9 powers anywhere in the State in cooperation with and after
10 contact with the local law enforcement officials. Those
11 persons may use false or fictitious names in the performance
12 of their duties under this Section, upon approval of the
13 Director, and shall not be subject to prosecution under the
14 criminal laws for that use.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 Section 15. The Illinois State Police Act is amended by
17 changing Sections 16 and 20 as follows:
18 (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
19 Sec. 16. State policemen shall enforce the provisions of
20 The Illinois Vehicle Code, approved September 29, 1969, as
21 amended, and Article 9 of the "Illinois Highway Code" as
22 amended; and shall patrol the public highways and rural
23 districts to make arrests for violations of the provisions of
24 such Acts. They are conservators of the peace and as such have
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1 all powers possessed by policemen in cities, and sheriffs,
2 except that they may exercise such powers anywhere in this
3 State. The State policemen shall cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State and
6 in making arrests and recovering property. They may be
7 equipped with standardized and tested devices for weighing
8 motor vehicles and may stop and weigh, acting reasonably, or
9 cause to be weighed, any motor vehicle which appears to weigh
10 in excess of the weight permitted by law. It shall also be the
11 duty of the Illinois State Police to determine, whenever
12 possible, the person or persons or the causes responsible for
13 the breaking or destruction of any improved hard-surfaced
14 roadway; to arrest all persons criminally responsible for such
15 breaking or destruction and bring them before the proper
16 officer for trial. The Illinois State Police shall divide the
17 State into zones, troops, or regions Districts and assign each
18 zone, troop, or region district to one or more policemen. No
19 person employed under this Act, however, shall serve or
20 execute civil process, except for process issued under the
21 authority of the General Assembly, or a committee or
22 commission thereof vested with subpoena powers when the county
23 sheriff refuses or fails to serve such process, and except for
24 process allowed by statute or issued under the authority of
25 the Illinois Department of Revenue.
26 (Source: P.A. 102-538, eff. 8-20-21.)
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1 (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
2 Sec. 20. The Illinois State Police from time to time may
3 enter into contracts with The Illinois State Toll Highway
4 Authority, hereinafter called the Authority, with respect to
5 the policing of toll highways by the Illinois State Police.
6 Such contracts shall provide among other matters for the
7 compensation or reimbursement of the Illinois State Police by
8 the Authority for the costs incurred by this State with
9 respect to such policing service, including, but not limited
10 to, the costs of: (1) compensation and training of the State
11 policemen and the clerical employees assigned to such policing
12 service; and (2) uniforms, equipment, and supplies, which
13 shall be Illinois State Police property, and housing used by
14 such personnel; and (3) reimbursement of such sums as the
15 State expends in connection with payments of claims for
16 injuries or illnesses suffered by such personnel in the line
17 of duty. Each such contract may provide for the methods of
18 ascertaining such costs, and shall be of such duration and may
19 contain such other appropriate terms as the Illinois State
20 Police and the Authority may agree upon. The Illinois State
21 Police is not obliged to furnish policing service on any
22 highway under the jurisdiction of the Authority except as
23 required by contract.
24 (Source: P.A. 102-538, eff. 8-20-21.)
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1 Section 20. The Illinois State Police Radio Act is amended
2 by changing Section 10 as follows:
3 (20 ILCS 2615/10)
4 Sec. 10. Public safety radio interoperability. Upon their
5 establishment and thereafter, the Director of the Illinois
6 State Police, or his or her designee, shall serve as the
7 chairman of the Illinois Statewide Interoperability Executive
8 Committee (SIEC) and as the chairman of the STARCOM21
9 Oversight Committee. The Director or his or her designee, as
10 chairman, may increase the size and makeup of the voting
11 membership of each committee when deemed necessary for
12 improved public safety radio interoperability, but the voting
13 membership of each committee must represent public safety
14 users (police, fire, or EMS) and must, at a minimum, include
15 the representatives specified in this Section.
16 The STARCOM21 Oversight Committee must comprise public
17 safety users accessing the system and shall include the
18 Statewide Interoperability Coordinator. The members of the
19 STARCOM21 Oversight Committee shall serve without compensation
20 and may, at the call of the Chair, meet in person or remotely.
21 The Illinois State Police shall provide administrative and
22 other support to the STARCOM21 Oversight Committee. The
23 STARCOM21 Oversight Committee shall:
24 (1) review existing statutory law and make
25 recommendations for legislative changes to ensure
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1 efficient, effective, reliable, and sustainable radio
2 interoperability statewide;
3 (2) make recommendations concerning better integration
4 of the Integrated Public Alert and Warning System
5 statewide; and
6 (3) develop a plan to sustainably fund radio
7 infrastructure, radio equipment, and interoperability
8 statewide.
9 The SIEC shall have at a minimum one representative from
10 each of the following: the Illinois Fire Chiefs Association,
11 the Rural Fire Protection Association, the Office of the State
12 Fire Marshal, the Illinois Association of Chiefs of Police,
13 the Illinois Sheriffs' Association, the Illinois State Police,
14 the Illinois Emergency Management Agency, the Department of
15 Public Health, and the Secretary of State Police (which
16 representative shall be the Director of the Secretary of State
17 Police or his or her designee).
18 (Source: P.A. 102-538, eff. 8-20-21.)
19 Section 25. The State Finance Act is amended by changing
20 Section 6z-82 as follows:
21 (30 ILCS 105/6z-82)
22 Sec. 6z-82. State Police Operations Assistance Fund.
23 (a) There is created in the State treasury a special fund
24 known as the State Police Operations Assistance Fund. The Fund
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1 shall receive revenue under the Criminal and Traffic
2 Assessment Act. The Fund may also receive revenue from grants,
3 donations, appropriations, and any other legal source.
4 (a-5) Notwithstanding any other provision of law to the
5 contrary, and in addition to any other transfers that may be
6 provided by law, on August 20, 2021 (the effective date of
7 Public Act 102-505), or as soon thereafter as practical, the
8 State Comptroller shall direct and the State Treasurer shall
9 transfer the remaining balance from the Over Dimensional Load
10 Police Escort Fund into the State Police Operations Assistance
11 Fund. Upon completion of the transfer, the Over Dimensional
12 Load Police Escort Fund is dissolved, and any future deposits
13 due to that Fund and any outstanding obligations or
14 liabilities of that Fund shall pass to the State Police
15 Operations Assistance Fund.
16 This Fund may charge, collect, and receive fees or moneys
17 as described in Section 15-312 of the Illinois Vehicle Code,
18 and receive all fees received by the Illinois State Police
19 under that Section. The moneys shall be used by the Illinois
20 State Police for its expenses in providing police escorts and
21 commercial vehicle enforcement activities.
22 (b) The Illinois State Police may use moneys in the Fund to
23 finance any of its lawful purposes or functions.
24 (c) Expenditures may be made from the Fund only as
25 appropriated by the General Assembly by law.
26 (d) Investment income that is attributable to the
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1 investment of moneys in the Fund shall be retained in the Fund
2 for the uses specified in this Section.
3 (e) The State Police Operations Assistance Fund shall not
4 be subject to administrative chargebacks.
5 (f) (Blank).
6 (g) Notwithstanding any other provision of State law to
7 the contrary, on or after July 1, 2021, in addition to any
8 other transfers that may be provided for by law, at the
9 direction of and upon notification from the Director of the
10 Illinois State Police, the State Comptroller shall direct and
11 the State Treasurer shall transfer amounts not exceeding
12 $7,000,000 into the State Police Operations Assistance Fund
13 from the State Police Services Fund.
14 (h) Notwithstanding any other provision of law, in
15 addition to any other transfers that may be provided by law, on
16 the effective date of this amendatory Act of the 103rd General
17 Assembly, or as soon thereafter as practical, the State
18 Comptroller shall direct and the State Treasurer shall
19 transfer the remaining balance from the State Police
20 Streetgang-Related Crime Fund to the State Police Operations
21 Assistance Fund. Upon completion of the transfers, the State
22 Police Streetgang-Related Crime Fund is dissolved, and any
23 future deposits into the State Police Streetgang-Related Crime
24 Fund and any outstanding obligations or liabilities of the
25 State Police Streetgang-Related Crime Fund pass to the State
26 Police Operations Assistance Fund.
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1 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
2 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
3 (30 ILCS 105/5.783 rep.)
4 (30 ILCS 105/8p rep.)
5 Section 30. The State Finance Act is amended by repealing
6 Sections 5.783 and 8p.
7 Section 35. The School Code is amended by changing Section
8 10-27.1A as follows:
9 (105 ILCS 5/10-27.1A)
10 Sec. 10-27.1A. Firearms in schools.
11 (a) All school officials, including teachers, school
12 counselors, and support staff, shall immediately notify the
13 office of the principal in the event that they observe any
14 person in possession of a firearm on school grounds; provided
15 that taking such immediate action to notify the office of the
16 principal would not immediately endanger the health, safety,
17 or welfare of students who are under the direct supervision of
18 the school official or the school official. If the health,
19 safety, or welfare of students under the direct supervision of
20 the school official or of the school official is immediately
21 endangered, the school official shall notify the office of the
22 principal as soon as the students under his or her supervision
23 and he or she are no longer under immediate danger. A report is
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1 not required by this Section when the school official knows
2 that the person in possession of the firearm is a law
3 enforcement official engaged in the conduct of his or her
4 official duties. Any school official acting in good faith who
5 makes such a report under this Section shall have immunity
6 from any civil or criminal liability that might otherwise be
7 incurred as a result of making the report. The identity of the
8 school official making such report shall not be disclosed
9 except as expressly and specifically authorized by law.
10 Knowingly and willfully failing to comply with this Section is
11 a petty offense. A second or subsequent offense is a Class C
12 misdemeanor.
13 (b) Upon receiving a report from any school official
14 pursuant to this Section, or from any other person, the
15 principal or his or her designee shall immediately notify a
16 local law enforcement agency. If the person found to be in
17 possession of a firearm on school grounds is a student, the
18 principal or his or her designee shall also immediately notify
19 that student's parent or guardian. Any principal or his or her
20 designee acting in good faith who makes such reports under
21 this Section shall have immunity from any civil or criminal
22 liability that might otherwise be incurred or imposed as a
23 result of making the reports. Knowingly and willfully failing
24 to comply with this Section is a petty offense. A second or
25 subsequent offense is a Class C misdemeanor. If the person
26 found to be in possession of the firearm on school grounds is a
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1 minor, the law enforcement agency shall detain that minor
2 until such time as the agency makes a determination pursuant
3 to clause (a) of subsection (1) of Section 5-401 of the
4 Juvenile Court Act of 1987, as to whether the agency
5 reasonably believes that the minor is delinquent. If the law
6 enforcement agency determines that probable cause exists to
7 believe that the minor committed a violation of item (4) of
8 subsection (a) of Section 24-1 of the Criminal Code of 2012
9 while on school grounds, the agency shall detain the minor for
10 processing pursuant to Section 5-407 of the Juvenile Court Act
11 of 1987.
12 (c) Upon On or after January 1, 1997, upon receipt of any
13 written, electronic, or verbal report from any school
14 personnel regarding a verified incident involving a firearm in
15 a school or on school owned or leased property, including any
16 conveyance owned, leased, or used by the school for the
17 transport of students or school personnel, the superintendent
18 or his or her designee shall report all such firearm-related
19 incidents occurring in a school or on school property to the
20 local law enforcement authorities immediately, who shall
21 report and to the Illinois State Police in a form, manner, and
22 frequency as prescribed by the Illinois State Police.
23 The State Board of Education shall receive an annual
24 statistical compilation and related data associated with
25 incidents involving firearms in schools from the Illinois
26 State Police. The State Board of Education shall compile this
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1 information by school district and make it available to the
2 public.
3 (d) As used in this Section, the term "firearm" shall have
4 the meaning ascribed to it in Section 1.1 of the Firearm Owners
5 Identification Card Act.
6 As used in this Section, the term "school" means any
7 public or private elementary or secondary school.
8 As used in this Section, the term "school grounds"
9 includes the real property comprising any school, any
10 conveyance owned, leased, or contracted by a school to
11 transport students to or from school or a school-related
12 activity, or any public way within 1,000 feet of the real
13 property comprising any school.
14 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
15 102-813, eff. 5-13-22.)
16 Section 40. The Intergovernmental Missing Child Recovery
17 Act of 1984 is amended by changing Section 6 as follows:
18 (325 ILCS 40/6) (from Ch. 23, par. 2256)
19 Sec. 6. The Illinois State Police shall:
20 (a) Utilize the statewide Law Enforcement Agencies Data
21 System (LEADS) for the purpose of effecting an immediate law
22 enforcement response to reports of missing children. The
23 Illinois State Police shall implement an automated data
24 exchange system to compile, to maintain and to make available
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1 for dissemination to Illinois and out-of-State law enforcement
2 agencies, data which can assist appropriate agencies in
3 recovering missing children.
4 (b) Establish contacts and exchange information regarding
5 lost, missing or runaway children with nationally recognized
6 "missing person and runaway" service organizations and monitor
7 national research and publicize important developments.
8 (c) Provide a uniform reporting format for the entry of
9 pertinent information regarding reports of missing children
10 into LEADS.
11 (d) Develop and implement a policy whereby a statewide or
12 regional alert would be used in situations relating to the
13 disappearances of children, based on criteria and in a format
14 established by the Illinois State Police. Such a format shall
15 include, but not be limited to, the age and physical
16 description of the missing child and the suspected
17 circumstances of the disappearance.
18 (e) Notify all law enforcement agencies that reports of
19 missing persons shall be entered as soon as the minimum level
20 of data specified by the Illinois State Police is available to
21 the reporting agency and that no waiting period for entry of
22 such data exists.
23 (f) Provide a procedure for prompt confirmation of the
24 receipt and entry of the missing child report into LEADS to the
25 parent or guardian of the missing child.
26 (g) Compile and retain information regarding missing
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1 children in a separate data file, in a manner that allows such
2 information to be used by law enforcement and other agencies
3 deemed appropriate by the Director, for investigative
4 purposes. Such files shall be updated to reflect and include
5 information relating to the disposition of the case.
6 (h) Compile and maintain an historic data repository
7 relating to missing children in order (1) to develop and
8 improve techniques utilized by law enforcement agencies when
9 responding to reports of missing children and (2) to provide a
10 factual and statistical base for research that would address
11 the problem of missing children.
12 (i) Create a quality control program to assess the monitor
13 timeliness of entries of missing children reports into LEADS
14 and conduct performance audits of all entering agencies.
15 (j) Prepare a periodic information bulletin concerning
16 missing children who it determines may be present in this
17 State, compiling such bulletin from information contained in
18 both the National Crime Information Center computer and from
19 reports, alerts and other information entered into LEADS or
20 otherwise compiled and retained by the Illinois State Police
21 pursuant to this Act. The bulletin shall indicate the name,
22 age, physical description, suspected circumstances of
23 disappearance if that information is available, a photograph
24 if one is available, the name of the law enforcement agency
25 investigating the case, and such other information as the
26 Director considers appropriate concerning each missing child
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1 who the Illinois State Police determines may be present in
2 this State. The Illinois State Police shall send a copy of each
3 periodic information bulletin to the State Board of Education
4 for its use in accordance with Section 2-3.48 of the School
5 Code. The Illinois State Police shall provide a copy of the
6 bulletin, upon request, to law enforcement agencies of this or
7 any other state or of the federal government, and may provide a
8 copy of the bulletin, upon request, to other persons or
9 entities, if deemed appropriate by the Director, and may
10 establish limitations on its use and a reasonable fee for so
11 providing the same, except that no fee shall be charged for
12 providing the periodic information bulletin to the State Board
13 of Education, appropriate units of local government, State
14 agencies, or law enforcement agencies of this or any other
15 state or of the federal government.
16 (k) Provide for the entry into LEADS of the names and
17 addresses of sex offenders as defined in the Sex Offender
18 Registration Act who are required to register under that Act.
19 The information shall be immediately accessible to law
20 enforcement agencies and peace officers of this State or any
21 other state or of the federal government. Similar information
22 may be requested from any other state or of the federal
23 government for purposes of this Act.
24 (l) Provide for the entry into LEADS of the names and
25 addresses of violent offenders against youth as defined in the
26 Murderer and Violent Offender Against Youth Registration Act
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1 who are required to register under that Act. The information
2 shall be immediately accessible to law enforcement agencies
3 and peace officers of this State or any other state or of the
4 federal government. Similar information may be requested from
5 any other state or of the federal government for purposes of
6 this Act.
7 (Source: P.A. 102-538, eff. 8-20-21.)
8 Section 45. The Sex Offender Registration Act is amended
9 by changing Section 11 as follows:
10 (730 ILCS 150/11)
11 Sec. 11. Offender Registration Fund. There is created the
12 Offender Registration Fund (formerly known as the Sex Offender
13 Registration Fund). Moneys in the Fund shall be used to cover
14 costs incurred by the criminal justice system to administer
15 this Article and the Murderer and Violent Offender Against
16 Youth Registration Act, and for purposes as authorized under
17 this Section 5-9-1.15 of the Unified Code of Corrections. The
18 Illinois State Police shall establish and promulgate rules and
19 procedures regarding the administration of this Fund. Fifty
20 percent of the moneys in the Fund shall be allocated by the
21 Department for sheriffs' offices and police departments. The
22 remaining moneys in the Fund received under this amendatory
23 Act of the 101st General Assembly shall be allocated to the
24 Illinois State Police for education and administration of the
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1 Act.
2 Notwithstanding any other provision of law, in addition to
3 any other transfers that may be provided by law, on the
4 effective date of this amendatory Act of the 103rd General
5 Assembly, or as soon thereafter as practical, the State
6 Comptroller shall direct and the State Treasurer shall
7 transfer the remaining balance from the Sex Offender
8 Investigation Fund to the Offender Registration Fund. Upon
9 completion of the transfers, the Sex Offender Investigation
10 Fund is dissolved, and any future deposits into the Sex
11 Offender Investigation Fund and any outstanding obligations or
12 liabilities of the Sex Offender Investigation Fund pass to the
13 Offender Registration Fund. Subject to appropriation, moneys
14 in the Offender Registration Fund received under this Section
15 shall be used by the Illinois State Police for purposes
16 authorized under this Section.
17 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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