(325 ILCS 55/0.01) (from Ch. 23, par. 2270)
Sec. 0.01.
Short title.
This Article may be cited as the Missing Children Registration Law.
(Source: P.A. 86-1475.)
(325 ILCS 55/1) (from Ch. 23, par. 2271)
Sec. 1. Definitions. As used in this Article, unless the context requires otherwise:
(a) “Custodian” means the State Registrar of Vital Records, local
registrars of vital records appointed by the State Registrar and county clerks.
(b) (Blank).
(c) “Missing child” means a person under the age of 18 years, reported to
any law enforcement authority as abducted, lost or a runaway,
whose identity is entered into the Law Enforcement Agencies Data System.
(d) “Registrar” means the State Registrar of Vital Records.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/2) (from Ch. 23, par. 2272)
Sec. 2. Illinois State Police duties. Upon entry of a report of a missing
child born in Illinois into the Law Enforcement Agencies Data System,
the Illinois State Police shall notify the Registrar of the disappearance and
shall provide the Registrar with information concerning the identity of the
missing child.
If the Illinois State Police has reason to believe that a missing child may be
enrolled in an Illinois elementary or secondary school, it shall
notify the last such known school as to the disappearance,
at which time the school shall flag the missing child’s record pursuant to
Section 5.
Upon learning of the recovery of a missing child, the Illinois State Police shall
so notify the Registrar.
The Illinois State Police shall by rule determine the manner and form of notices and
information required by this Article.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/3) (from Ch. 23, par. 2273)
Sec. 3. Registrar duties. Upon notification by the Illinois State Police that a
person under the age of 18 years who was born in this State is missing,
the Registrar shall flag the birth certificate record of that person in
such a manner that whenever a copy of
the birth certificate or information regarding the birth record is
requested, the Registrar shall be alerted to the fact that the certificate
is that of a missing child. The Registrar shall also notify the
appropriate city or county custodian to likewise flag his records. Upon
notification by the Illinois State Police
that the missing child has been recovered, the Registrar shall
remove the flag from the person’s birth certificate record and shall
notify any other previously notified city or county custodian to remove the
flag from his record.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/4) (from Ch. 23, par. 2274)
Sec. 4. Custodian duties. (a) In response to any inquiry, a
custodian shall not provide a copy of a birth certificate or information
concerning the birth record of any person whose record is flagged
pursuant to Section 3 except as approved by the Illinois State Police.
(b) When a copy of the birth certificate of a person whose record has
been flagged is requested in person, the custodian’s personnel accepting
the request shall immediately notify his supervisor. The person making the
request shall complete a form as prescribed by the Illinois State Police, which may
include the name, address, telephone number and social security number of the
person making the request, his or her relationship to the missing child and
the name, address and birth date of the missing child. The driver’s
license of the person making the request, if available, shall be
photocopied and returned to him. He shall be informed that a copy of the
certificate shall be mailed to him. The custodian’s personnel shall note
the physical description of the person making the request, and, upon the
latter’s departure from the custodian’s office, his supervisor shall
immediately notify the local law enforcement authority as to the request and
the information obtained pursuant to this subsection. The custodian shall
retain the form completed by the person making the request.
(c) When a copy of the birth certificate of a person whose record has
been flagged is requested in writing, the custodian’s personnel receiving the
request shall immediately notify his supervisor. The supervisor shall
immediately notify the local law enforcement authority as to the request and
shall provide a copy of the written request. The custodian shall retain the
original written request.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/5) (from Ch. 23, par. 2275)
Sec. 5. School duties. (a) Upon notification by the Illinois State Police of a
child’s disappearance, a school in which the child is currently or was
previously enrolled shall flag the record of that child in such a manner
that whenever a copy of or information regarding the record is requested,
the school shall be alerted to the fact that the record is that of a
missing child. The school shall immediately report to the local law
enforcement authority any request concerning flagged records or knowledge
as to the whereabouts of any missing child. Upon notification by the Illinois State Police
that the missing child has been recovered, the school shall
remove the flag from the person’s record.
(b) Upon enrollment of a student for the first time in a particular
elementary or secondary school, that school shall notify in writing the
person enrolling the student that within 30 days he must provide either (1)
a certified copy of the student’s birth certificate or (2) other reliable
proof, as determined by the Illinois State Police,
of the student’s identity and age, and an affidavit explaining the
inability to produce a copy of the birth certificate.
Upon the failure of a person enrolling a student to comply with this
subsection, the school shall
immediately notify the local law enforcement agency and shall also
notify the person enrolling the student in writing that, unless he
complies within 10 days, the case shall be referred to the local law
enforcement authority for investigation. If compliance is not obtained
within that 10 day period, the school shall so refer the case.
The school shall immediately report to the local law enforcement authority
any affidavit received pursuant to this subsection which appears inaccurate
or suspicious in form or content.
(c) Within 14 days after enrolling a transfer student, the elementary or
secondary school shall request directly from the student’s previous school
a certified copy of his record. The requesting school shall exercise due
diligence in obtaining the copy of the record requested. Any elementary
or secondary school requested to forward a copy of a transferring student’s
record to the new school shall comply within 10 days of receipt of such
request unless the record has been flagged pursuant to subsection (a), in
which case the copy shall not be forwarded and the requested school shall
notify the local law enforcement authority of the request.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/6) (from Ch. 23, par. 2276)
Sec. 6. Local law enforcement duties. Any local law enforcement
authority notified pursuant to this Article of the request for the birth
certificate or school record of or other information concerning a missing
child shall immediately notify the Illinois State Police of such request and shall
investigate the request.
(Source: P.A. 102-538, eff. 8-20-21.)
(325 ILCS 55/7) (from Ch. 23, par. 2277)
Sec. 7.
Home rule.
This Article shall constitute the exercise of the
State’s exclusive jurisdiction pursuant to subsection (h) of Section 6 of
Article VII of the Illinois Constitution and shall preempt the jurisdiction
of any home rule unit.
(Source: P.A. 84-1279.)