Illinois Compiled Statutes
Chapter 325 - CHILDREN
325 ILCS 40/ - Intergovernmental Missing Child Recovery Act of 1984.

(325 ILCS 40/1) (from Ch. 23, par. 2251)
Sec. 1.

This Act shall be known and may be cited as the "Intergovernmental
Missing Child Recovery Act of 1984".

(Source: P.A. 83-1354.)

(325 ILCS 40/2) (from Ch. 23, par. 2252)
Sec. 2. As used in this Act:
(a) (Blank).
(b) "Director" means the Director of the Illinois State Police.
(c) "Unit of local government" is defined as in Article VII, Section 1
of the Illinois Constitution and includes both home rule units and units
which are not home rule units. The term is also defined to include all
public school districts subject to the provisions of the School Code.
(d) "Child" means a person under 21 years of age.
(e) A "LEADS terminal" is an interactive computerized communication and
processing unit which permits a direct on-line communication with the Illinois
State Police's central data repository, the Law Enforcement
Agencies Data System (LEADS).
(f) A "primary contact agency" means a law enforcement agency which
maintains a LEADS terminal, or has immediate access to one on a
24-hour-per-day, 7-day-per-week basis by written agreement with another law
enforcement agency.
(g) (Blank).
(h) "Missing child" means any person under 21 years of age whose whereabouts
are unknown to his or her parents or legal guardian.
(i) "Exploitation" means activities and actions which include, but are
not limited to, child pornography, aggravated child pornography, child prostitution, child sexual abuse,
drug and substance abuse by children, and child suicide.
(j) (Blank).

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/3) (from Ch. 23, par. 2253)
Sec. 3.
The Illinois State Police shall establish a State Missing Persons Clearinghouse as a resource to promote an immediate
and effective community response to missing children and may engage in,
but shall not be limited to, the following activities:
(a) To establish and conduct programs to educate parents, children and
communities in ways to prevent the abduction of children.
(b) To conduct training programs and distribute materials providing
guidelines for children when dealing with strangers, casual acquaintances,
or non-custodial parents, in order to avoid abduction or kidnapping situations.
(c) To compile, maintain and make available data upon the request of law
enforcement agencies and other entities deemed appropriate by the Illinois State Police
to assist enforcement agencies in recovering missing children, including
but not limited to data regarding the places of shelter commonly used by
runaway children in a requested geographical area.
(d) To draft and implement plans for the most efficient use of available
resources to publicize information regarding missing children.
(e) To establish and maintain contacts with other state missing persons clearinghouses, law
enforcement agencies, and missing persons non-profit organizations in order to increase the
probability of locating and returning missing children, and to otherwise
assist in the recovery and tracking of missing children.
(f) To coordinate the tracking and recovery of children under the custody
or guardianship of the Department of Children and Family Services whose
disappearance has been reported and to produce an annual report indicating the
number of children under the custody or guardianship of that Department who
have been reported missing and the number who have been recovered.
(g) To conduct other activities as may be necessary
to achieve the goals established by this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/3.5)
Sec. 3.5. Contact with Department of Children and Family Services. For
each child reported missing and entered into the LEADS network,
the Illinois State Police shall, in the form and manner it determines, contact the
Department of Children and Family Services to provide it with the name, age,
and sex of the child, and the geographic area from which the child was reported
missing so that the Department of Children and Family Services can determine if
that child had been abandoned within the previous 2 months.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/3.6)
Sec. 3.6. Department of Children and Family Services; missing persons. The Illinois State Police shall develop and conduct a training advisory for LEADS reporting of missing persons when the missing individual, regardless of age, is under the care and legal custody of the Department of Children and Family Services.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/4)
Sec. 4. (Repealed).

(Source: P.A. 85-1209. Repealed by P.A. 97-938, eff. 1-1-13.)

(325 ILCS 40/5)
Sec. 5. (Repealed).

(Source: P.A. 84-1366. Repealed by P.A. 97-938, eff. 1-1-13.)

(325 ILCS 40/6) (from Ch. 23, par. 2256)
Sec. 6. The Illinois State Police shall:
(a) Utilize the statewide Law Enforcement Agencies Data
System (LEADS) for the purpose of effecting an immediate law enforcement
response to reports of missing children. The Illinois State Police shall implement an
automated data exchange system to compile, to maintain and to make
available for dissemination to Illinois and out-of-State law enforcement
agencies, data which can assist appropriate agencies in recovering missing
children.
(b) Establish contacts and exchange information regarding lost, missing or
runaway children with nationally recognized "missing person and runaway"
service organizations and monitor national research and publicize important
developments.
(c) Provide a uniform reporting format for the entry of pertinent
information regarding reports of missing children into LEADS.
(d) Develop and implement a policy whereby a statewide or regional alert
would be used in situations relating to the disappearances of children,
based on criteria and in a format established by the Illinois State Police. Such a
format shall include, but not be limited to, the age and physical description
of the missing child and the suspected circumstances of the disappearance.
(e) Notify all law enforcement agencies that reports of missing persons
shall be entered as soon as the minimum level of data specified by the Illinois State Police
is available to the reporting agency and that no waiting period
for entry of such data exists.
(f) Provide a procedure for prompt confirmation of the receipt and entry of
the missing child report into LEADS to the parent or guardian of the missing
child.
(g) Compile and retain information regarding missing children in a
separate data file, in a manner that allows such information to be used by
law enforcement and other agencies deemed appropriate by the Director, for
investigative purposes. Such files shall be updated to reflect and include
information relating to the disposition of the case.
(h) Compile and maintain an historic data repository relating to missing
children in order (1) to develop and improve techniques utilized by law
enforcement agencies when responding to reports of missing children and (2)
to provide a factual and statistical base for research that would address
the problem of missing children.
(i) Create a quality control program to monitor timeliness of entries of
missing children reports into LEADS and conduct performance audits of all
entering agencies.
(j) Prepare a periodic information bulletin concerning missing children
who it determines may be present in this State, compiling such bulletin from
information contained in both the National Crime Information Center computer
and from reports, alerts and other information entered into LEADS or
otherwise compiled and retained by the Illinois State Police pursuant to this Act. The
bulletin shall indicate the name, age, physical description, suspected
circumstances of disappearance if that information is available, a photograph
if one is available, the name of the law enforcement agency investigating the
case, and such other information as the Director considers appropriate
concerning each missing child who the Illinois State Police determines may be present in
this State. The Illinois State Police shall send a copy of each periodic information
bulletin to the State Board of Education for its use in accordance with Section
2-3.48 of the School Code. The Illinois State Police shall provide a copy of the bulletin,
upon request, to law enforcement agencies of this or any other state or of the
federal government, and may provide a copy of the bulletin, upon request, to
other persons or entities, if deemed appropriate by the Director, and may
establish limitations on its use and a reasonable fee for so providing the
same, except that no fee shall be charged for providing the periodic
information bulletin to the State Board of Education, appropriate units of
local government, State agencies, or law enforcement agencies of this or any
other state or of the federal government.
(k) Provide for the entry into LEADS of the names and addresses of sex
offenders as defined in the Sex Offender Registration Act who are required to
register under that Act. The information shall be immediately accessible to
law enforcement agencies and peace officers of this State or any other state or
of the federal government. Similar information may be requested from any other
state or of the federal government for purposes of this Act.
(l) Provide for the entry into LEADS of the names and addresses of violent offenders against youth as defined in the Murderer and Violent Offender Against Youth Registration Act who are required to
register under that Act. The information shall be immediately accessible to
law enforcement agencies and peace officers of this State or any other state or
of the federal government. Similar information may be requested from any other
state or of the federal government for purposes of this Act.

(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/7) (from Ch. 23, par. 2257)
Sec. 7.
(a) All law enforcement agencies and policing bodies of this
State shall, upon receipt of a report of a missing person, enter that
report into LEADS as soon as the minimum level of data specified pursuant
to subsection (e) of Section 6 is available and shall furnish the Illinois State Police, in the form and detail the Illinois State Police requires, (1) reports of
cases of lost, missing or runaway children as they arise and the disposition of
such cases, (2) information relating to sex crimes which occurred in their
respective jurisdictions and which they investigated, and (3) the names and
addresses of sex offenders required to register in their
respective jurisdictions under the Sex Offender Registration
Act. Such information shall be submitted on a regular basis, as deemed
necessary by the Illinois State Police, and shall be kept in a central automated data
repository for the purpose of establishing profiles of sex offenders and
victims and to assist all law enforcement agencies in the identification and
apprehension of sex offenders.
(b) In addition to entering the report of a missing child into LEADS
as prescribed by subsection (a), all law enforcement agencies shall, upon
receipt of a report of a missing child:
(Source: P.A. 102-538, eff. 8-20-21.)

(325 ILCS 40/7.1) (from Ch. 23, par. 2257.1)
Sec. 7.1. In addition to any requirement of Section 601.2
of the
Illinois Marriage and Dissolution of Marriage Act or
applicable provisions of the Uniform Child-Custody Jurisdiction
and Enforcement Act regarding a parental responsibility allocation
proceeding
of an out-of-state party, every court in this State, prior to granting or
modifying a parental responsibility allocation
judgment, shall inquire with LEADS and the National
Crime Information Center to ascertain whether the child or children in
question have been reported missing or have been involved in or are the
victims of a parental or noncustodial abduction. Such inquiry may be
conducted with any law enforcement agency in this State that maintains a
LEADS terminal or has immediate access to one on a 24-hour-per-day,
7-day-per-week basis through a written agreement with another law enforcement
agency.

(Source: P.A. 99-90, eff. 1-1-16.)

(325 ILCS 40/7.2)
Sec. 7.2. Report of missing child under 18 years of age; information.
(a) At the time of first contact with an individual making a report of a missing child who is under 18 years of age, the local law enforcement agency shall provide the individual with information, the contents of which shall be prepared by the Office of the Attorney General and posted on its website, that includes, but is not limited to, the following:
(b) The information required under subsection (a) may be provided by the local law enforcement agency in a format that includes, but is not limited to, written materials for distribution or a posting on the official website of the local law enforcement agency.

(Source: P.A. 100-438, eff. 1-1-18.)

(325 ILCS 40/8) (from Ch. 23, par. 2258)
Sec. 8.
The Director shall report by June 30 of each year to the
Governor and the General Assembly on the operations of the State Missing Persons Clearinghouse for the previous
calendar year.

(Source: P.A. 97-938, eff. 1-1-13.)