HB4348 EngrossedLRB100 17440 SLF 32608 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Missing Persons Identification Act is
5amended by changing Section 20 as follows:
6    (50 ILCS 722/20)
7    Sec. 20. Unidentified persons or human remains
8identification responsibilities.
9    (a) In this Section, "assisting law enforcement agency"
10means a local law enforcement agency responsible for the
11jurisdiction in which the human remains were found or any other
12law enforcement agency assisting with the investigation or
13identification efforts. If the official with custody of human
14remains is not a coroner or medical examiner, the official
15shall immediately notify the coroner or medical examiner of the
16county in which the remains were found. The coroner or medical
17examiner shall go to the scene and take charge of the remains.
18    (b) Notwithstanding any other action deemed appropriate
19for the handling of the human remains, the medical examiner or
20coroner, with the help of the assisting law enforcement agency,
21shall make reasonable attempts to promptly identify human
22remains. These actions may include but are not limited to



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1        (1) photographs of the human remains (prior to an
2    autopsy);
3        (2) dental or skeletal X-rays;
4        (3) photographs of items found with the human remains;
5        (4) fingerprints from the remains, if possible;
6        (5) samples of tissue suitable for DNA typing, if
7    possible;
8        (6) samples of whole bone or hair suitable for DNA
9    typing, or both;
10        (7) any other information that may support
11    identification efforts.
12    (c) No medical examiner or coroner or any other person
13shall dispose of, or engage in actions that will materially
14affect the unidentified human remains before the medical
15examiner or coroner obtains:
16        (1) samples suitable for DNA identification,
17    archiving;
18        (2) photographs of the unidentified person or human
19    remains; and
20        (3) all other appropriate steps for identification
21    have been exhausted.
22    (d) Cremation of unidentified human remains is prohibited.
23    (e) The medical examiner or coroner or the Department of
24State Police shall make reasonable efforts to obtain prompt DNA
25analysis of biological samples if the human remains have not
26been identified by other means within 30 days.



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1    (f) The medical examiner or coroner or the Department of
2State Police shall seek support from appropriate State and
3federal agencies for human remains identification efforts.
4This support may include, but is not limited to, available
5mitochondrial or nuclear DNA testing, federal grants for DNA
6testing, or federal grants for crime laboratory or medical
7examiner or coroner's office improvement.
8    (g) The medical examiner or coroner with the help of the
9assisting law enforcement agency Department of State Police
10shall promptly enter information in federal and State databases
11that may aid in the identification of human remains.
12Information shall be entered into federal databases as follows:
13        (1) information for the National Crime Information
14    Center shall be entered within 72 hours;
15        (2) DNA profiles and information shall be entered into
16    the National DNA Index System (NDIS) within 5 business days
17    after the completion of the DNA analysis and procedures
18    necessary for the entry of the DNA profile; and
19        (3) information concerning the identification of human
20    remains shall be entered into the sought by National
21    Missing and Unidentified Persons System created by the
22    United States Department of Justice (NamUs) the Violent
23    Criminal Apprehension Program database shall be entered as
24    soon as practicable; and .
25        (4) information concerning missing persons shall be
26    entered into the National Missing and Unidentified Persons



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1    System created by the United States Department of Justice
2    (NamUs) after 30 days.
3    (h) (Blank). If the Department of State Police does not
4input the data directly into the federal databases, the
5Department of State Police shall consult with the medical
6examiner or coroner's office to ensure appropriate training of
7the data entry personnel and the establishment of a quality
8assurance protocol for ensuring the ongoing quality of data
9entered in the federal and State databases.
10    (i) Nothing in this Act shall be interpreted to preclude
11any medical examiner or coroner's office, the Department of
12State Police, or a local law enforcement agency from pursuing
13other efforts to identify unidentified human remains including
14efforts to publicize information, descriptions, or photographs
15that may aid in the identification of the unidentified remains,
16allow family members to identify the missing person, and seek
17to protect the dignity of the missing person.
18(Source: P.A. 95-192, eff. 8-16-07.)