SB3948 103RD GENERAL ASSEMBLY

LRB103 40607 AWJ 73246 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3948

Introduced 5/8/2024, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

See Index

Amends the Missing Persons Identification Act. Removes a provision allowing a law enforcement agency to attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission before 30 days after acceptance of a report. Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of any waiting period before accepting a missing person report. Removes provisions prohibiting refusal of acceptance of missing persons reports based on lack of personal knowledge or for any other reason. Adds provisions about multiple reports for the same missing person. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a missing person remains missing for 30 days after the date of report the law enforcement agency shall immediately (rather than may) generate a report of the missing person within the National Missing and Unidentified Persons System, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the information and materials are required to attempted to obtain. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to the reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency to obtain a biological (rather than DNA) sample from any individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Missing Persons Identification Act is amended by changing Sections 5, 10, 20, and 25 as follows:

(50 ILCS 722/5)

Sec. 5. Missing person reports.

(a) Report acceptance. All law enforcement agencies shall accept without delay any report of a missing person. No law enforcement agency shall establish or maintain any policy that requires the observance of any waiting period before accepting a missing person report and may attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission under paragraph (1) of subsection (c) of Section 10. 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 foul play;

(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) (blank); 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 enforcement agency;

(9) on the basis that the reporting individual lacks a familial or other relationship with the missing person; or

(9-5) on the basis of the missing person's mental state or medical condition. ; or

(10) for any other reason.

(a-5) Multiple reports for same missing person. If the law enforcement agency learns through investigation that a missing person report has been filed by another law enforcement agency for the same missing person and is under active investigation by that agency and a missing person entry is active in the Law Enforcement Agencies Data System (LEADS), then the law enforcement agency may not draft an additional missing person report but shall draft an informational report detailing the interview of the reporting individual. The informational report shall be forwarded to the original law enforcement agency handling the missing person case without delay.

(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 known;

(13) the missing person's social security number, if known;

(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 was taken;

(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 boots;

(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 provider, 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:

(A) name;

(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 vehicle;

(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, a person responsible for the missing person's welfare, or other person in a position to assist the law enforcement agency in its efforts to locate the missing person of the following:

(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; and

(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 Missing and Unidentified Persons System (NamUs) organization shall be given.

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 for after 30 days after the date of the report, but not more than 60 days, the law enforcement agency shall immediately may generate a report of the missing person within the National Missing and Unidentified Persons System (NamUs), and the law enforcement agency shall may attempt to obtain the additional information and materials that have not been received, specified below:

(A) additional photographs of the missing person that may aid the investigation or identification of an unidentified person, including photographs of the missing person's scars, marks, and tattoos. All photographs collected by law enforcement of the missing person shall be added the National Missing and Unidentified Persons System (NamUs) record. The law enforcement agency is not required to obtain written authorization before it releases publicly a photograph that would aid in the investigation or location of the missing person 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), National DNA Index System (NDIS), and National Missing and Unidentified Persons System (NamUs) partner laboratories;

(B) fingerprint records of the missing person from a competent authority or from a criminal history database, if available. The missing person's fingerprint record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS) and the National Missing and Unidentified Persons System (NamUs) on the 30th day after the date of the report. The fingerprint records may be used for direct comparison to the fingerprint records of unidentified persons only an authorization to release dental or skeletal x-rays of the missing person;

(C) an authorization to release dental or skeletal radiographs of the missing person 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 charts and radiographs of the missing person, if available. The missing person's dental record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS) and the National Missing and Unidentified Persons System (NamUs) on the 30th day after the date of report. The dental records may only be used for direct comparison to the dental records of unidentified persons dental information and x-rays; and

(E) biological samples from closely related family members of the missing person or a biological sample from the personal item of the missing person, along with any consent forms, required for the entry of a DNA profile in the Combined DNA Index System, including, but not limited to, the Local DNA Index System (LDIS), State DNA Index System (SDIS), and National DNA Index System (NDIS) fingerprints.

(3) Biological samples Samples collected for DNA analysis shall may be submitted to a National Missing and Unidentified Persons System (NamUs) partner laboratory or other accredited laboratory resource where DNA profiles are entered into local, State, and national DNA Index Systems within 90 60 days from the date of the report. The Illinois State Police laboratories shall establish procedures for determining how to prioritize analysis of the samples relating to missing person cases. All biological DNA samples and subsequent DNA profiles obtained in missing person cases from family members of the missing person or personal items of the missing person may not be retained after the location or identification of the remains of the missing person unless there is a search warrant signed by a court of competent jurisdiction.

(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 specified periods. 30-day period. The responsible law enforcement agency may make a National Missing and Unidentified Persons System (NamUs) report on the missing person within 60 days after the report of the disappearance of the missing person.

(5) Law enforcement agencies are encouraged to establish written protocols for the handling of missing person cases to accomplish the purposes of this Act. Law enforcement agencies may not close a missing person case until the missing person has returned or been located, either alive or deceased. Law enforcement agencies shall keep cases under active investigation until the person is located or returned. Reasons for closing a missing person case may not include exhaustion of leads and the life expectancy of the missing person.

(Source: P.A. 101-266, eff. 1-1-21; 102-538, eff. 8-20-21.)

(50 ILCS 722/10)

Sec. 10. Law enforcement analysis and reporting of missing person information.

(a) Prompt determination and definition of a 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 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, including, but not limited to, a person having a developmental disability, as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code, or a person having an intellectual disability, as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code;

(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 gone missing eloped from a facility licensed under the Nursing Home Care Act nursing home;

(G-5) the person is a veteran or active duty member of the United States Armed Forces, the National Guard, or any reserve component of the United States Armed Forces who is believed to have a physical or mental health condition that is related to his or her service; or

(H) any other factor that may, in the judgment of the law enforcement official, indicate that the missing person may be at risk.

(b) Law enforcement risk assessment.

(1) 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.

(2) 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.

(3) Law enforcement agencies are encouraged to establish written protocols for the handling of missing person cases to accomplish the purposes of this Act.

(c) Law enforcement reporting.

(1) Upon receipt of a missing person report, the 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). The database entries shall remain on file indefinitely or until action is taken by the originating agency to clear or cancel the record. In addition, if the missing person remains missing for 30 days from the date of report, the law enforcement agency shall immediately generate a report of the missing person within the National Missing and Unidentified Persons System (NamUs) databases and the National Missing and Unidentified Persons System (NamUs) within 45 days after the receipt of the report, or in the case of a high risk missing person, within 30 days after the receipt of the report. If the DNA sample submission is to a National Missing and Unidentified Persons System (NamUs) partner laboratory, the DNA profile may be uploaded by the partner laboratory to the National DNA Index System (NDIS). A packet submission of all relevant reports and DNA samples may be sent to the National Missing and Unidentified Persons System (NamUs) within 30 days for any high-risk missing person cases. The information shall be provided in accordance with applicable guidelines relating to the databases. The information shall be entered as follows:

(A) If Illinois State Police laboratories are utilized in lieu of National Missing and Unidentified Persons System (NamUs) partner laboratories, all appropriate DNA profiles, as determined by the Illinois State Police, shall be uploaded into the appropriate index 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. The responding local law enforcement agency may submit any DNA samples voluntarily obtained from family members to a National Missing and Unidentified Persons System (NamUs) partner laboratory for DNA analysis within 90 30 days. A notation of DNA submission may be made within the National Missing and Unidentified Persons System (NamUs) record.

(B) If the missing person remains missing for 30 days from the date of report and if reporting requirements for entry into Information relevant to the Federal Bureau of Investigation's Violent Criminal Apprehension Program are met, the law enforcement agency shall enter the missing person case into the Federal Bureau of Investigation's Violent Criminal Apprehension Program database be entered as soon as possible.

(C) The Illinois 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 Illinois 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.

(2) The Illinois 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.

(3) The local law enforcement agencies that receive the notification from the Illinois State Police shall notify officers to be on the lookout for the missing person or a suspected abductor.

(4) 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 use of the Endangered Missing Person Advisory in appropriate high-risk missing person high risk cases.

(Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21; 102-538, eff. 8-20-21.)

(50 ILCS 722/20)

Sec. 20. Unidentified persons or human remains identification responsibilities.

(a) In this Section, "assisting law enforcement agency" means a law enforcement agency with jurisdiction acting under the request and direction of the medical examiner or coroner to assist with human remains identification.

(a-5) If the official with custody of the 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 assisting law enforcement agency, medical examiner, or coroner shall make reasonable attempts to promptly identify human remains. This does not include historic or prehistoric skeletal remains. These actions shall include, but are not limited to, obtaining the following when possible:

(1) photographs of the human remains (prior to an autopsy);

(2) dental and skeletal radiographs X-rays;

(3) photographs of items found on or with the human remains;

(4) fingerprints from the remains;

(5) tissue samples suitable for DNA analysis;

(6) (blank); and

(7) any other information that may support identification efforts.

(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 assisting law enforcement agency, medical examiner, or coroner obtains items essential for human identification efforts listed in subsection (b) of this Section.

(d) Cremation of unidentified human remains is prohibited.

(e) (Blank).

(f) The assisting law enforcement agency, medical examiner, or coroner shall seek support from appropriate State and federal agencies, including National Missing and Unidentified Persons System resources to facilitate prompt identification of human remains. This support may include, but is not limited to, fingerprint comparison; forensic odontology; nuclear or mitochondrial DNA analysis, or both; and forensic anthropology.

(f-5) In this subsection, "local, State, and federal automated fingerprint identification system databases" includes:

(1) local criminal history repositories;

(2) the Illinois State Police Automated Biometric Identification System (ABIS), both criminal and civil, and any successor databases; and

(3) the Next Generation Integrated Automated Fingerprint Identification System (NGI) and other federal fingerprint databases, including the Immigration, Military, and Repository for Individuals of Special Concern (RISC), and any successor databases.

Fingerprints from the unidentified remains, including partial prints, shall be submitted for analysis within 7 days of recovery of the remains by the assisting law enforcement agency, medical examiner, or coroner to all local, State, and federal automated fingerprint identification system databases, and the submitting agency shall ensure fingerprints are appropriately searched for identification purposes. It is the responsibility of the submitting agency to ensure that all these steps are accomplished in the above order and in their entirety. If there are no matches at any of the aforementioned local, State, or federal levels, the unidentified fingerprint records shall be uploaded to the National Missing and Unidentified Persons System (NamUs) on the 30th day after recovery of the remains. If no matches are made on the local, State, or federal level, the submitting agency may contact the International Criminal Police Organization (INTERPOL) for search through the automated fingerprint identification system databases of member countries if remains are believed to have an international nexus. If the fingerprint analysis does not aid in the identification of the remains, then the assisting law enforcement agency, coroner, or medical examiner shall cause a dental examination to be performed by a forensic odontologist within 45 days of recovery of the remains for the purpose of dental charting, direct comparison to missing person dental records, and uploading to the National Crime Information Center (NCIC) and National Missing and Unidentified Persons System (NamUs). If the fingerprint and dental analysis does not aid in the identification of the remains, then blood, tissue, or bone samples from the unidentified remains shall be submitted for DNA analysis within 90 days of the recovery of the remains to a National Missing and Unidentified Persons System (NamUs) partner laboratory or other accredited laboratory where DNA profiles are entered into the National DNA Index System upon completion of testing. In the case of markedly decomposed or skeletal remains, a forensic anthropological analysis of the remains shall also be performed within 30 days from the recovery of the remains.

Fingerprints from the unidentified remains, including partial prints, shall be submitted to the Illinois State Police or other resource for the purpose of attempting to identify the deceased. The coroner or medical examiner shall cause a dental examination to be performed by a forensic odontologist for the purpose of dental charting, comparison to missing person records, or both. Tissue samples collected for DNA analysis shall be submitted within 30 days of the recovery of the remains to a National Missing and Unidentified Persons System partner laboratory or other resource where DNA profiles are entered into the National DNA Index System upon completion of testing. Forensic anthropological analysis of the remains shall also be considered.

(g) (Blank).

(g-2) The medical examiner or coroner shall report the unidentified human remains and the location where the remains were found to the Illinois State Police within 24 hours of discovery and then to the Federal Bureau of Investigation within 72 hours of discovery if the remains are not identified as mandated by Section 15 of this Act. The assisting law enforcement agency, medical examiner, or coroner shall contact the Illinois State Police to request the creation of a National Crime Information Center Unidentified Person record within 5 days of the discovery of the remains. In the case of markedly decomposed or skeletal remains, the creation of a National Crime Information Center Unidentified Person record shall be made upon receipt of the anthropological analysis report. The assisting law enforcement agency, medical examiner, or coroner shall provide the Illinois State Police all information required for National Crime Information Center entry. Upon notification, the Illinois State Police shall create the Unidentified Person record without unnecessary delay.

(g-5) The assisting law enforcement agency, medical examiner, or coroner shall obtain a National Crime Information Center number from the Illinois State Police to verify entry and maintain this number within the unidentified human remains case file. A National Crime Information Center Unidentified Person record shall remain on file indefinitely or until action is taken by the originating agency to clear or cancel the record. The assisting law enforcement agency, medical examiner, or coroner shall notify the Illinois State Police of necessary record modifications or cancellation if identification is made.

(h) (Blank).

(h-5) The assisting law enforcement agency, medical examiner, or coroner shall create an unidentified person record in the National Missing and Unidentified Persons System prior to the submission of samples and on the 30th day after or within 30 days of the discovery of the remains, if no identification has been made. The entry shall include all available case information, including fingerprint data and dental radiographs and charts. Samples shall be submitted to a National Missing and Unidentified Persons System partner laboratory for DNA analysis within 30 Days. A notation of DNA submission shall be made within the National Missing and Unidentified Persons System Unidentified Person record.

(i) Nothing in this Act shall be interpreted to preclude any assisting law enforcement agency, medical examiner, coroner, or the Illinois State Police from pursuing other efforts to identify human remains including efforts to publicize information, descriptions, or photographs related to the investigation. An assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified. Law enforcement agencies, medical examiners, and coroners shall keep such cases under active investigation until the person is identified. Reasons for closing an unidentified person case may not include exhaustion of leads and the life expectancy of the unidentified person's next of kin.

(j) For historic or prehistoric human skeletal remains determined by an anthropologist to be older than 100 years, jurisdiction shall be transferred to the Department of Natural Resources for further investigation under the Archaeological and Paleontological Resources Protection Act.

(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-869, eff. 1-1-23.)

(50 ILCS 722/25)

Sec. 25. Unidentified deceased persons. The coroner, or medical examiner, or assisting law enforcement agency shall obtain a biological DNA sample from any individual whose remains are not identifiable. The biological DNA sample shall be forwarded to a National Missing and Unidentified Persons System partner laboratory or other accredited laboratory where DNA profiles are entered into resource for analysis and inclusion in the National DNA Index System.

Prior to the burial or interment of any unknown individual's remains or any unknown individual's body part, the medical examiner or coroner in possession of the remains or body part must assign a case DNA log number to the unknown individual or body part. The medical examiner or coroner shall place a stainless-steel tag that is stamped or inscribed with the assigned case DNA log number on the individual or body part and on the outside of the burial container. The DNA log number shall be stamped on the unidentified individual's toe tag, if possible.

(Source: P.A. 100-901, eff. 1-1-19.)