Full Text of HB4348 100th General Assembly
HB4348 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4348 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED: |
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Amends the Missing Persons Identification Act. Provides that the responsible investigative agency shall send the National Missing and Unidentified Persons System created by the United States Department of Justice, if possible, with copies of fingerprints on standardized 8 inch by 8 inch fingerprint cards or the equivalent digital image, prints or partial prints of any fingers, a forensic odontology report concerning the body, detailed personal descriptions, DNA samples for nuclear and mitochondrial DNA analysis, available DNA analysis results, and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the coroner or medical examiner and who remain unidentified after all available methods have been exhausted. Provides that the medical examiner, coroner, or responsible investigative agency shall make reasonable attempts to promptly identify human remains. Defines "responsible investigative authority".
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Missing Persons Identification Act is | 5 | | amended by changing Section 20 as follows: | 6 | | (50 ILCS 722/20)
| 7 | | Sec. 20. Unidentified persons or human remains | 8 | | identification responsibilities. | 9 | | (a) In this Section, "responsible investigative agency" | 10 | | means a local law enforcement agency with jurisdiction over | 11 | | unidentified human remains for the purpose of assisting the | 12 | | coroner or medical examiner with investigating the identity or | 13 | | the manner and cause of death for the unidentified human | 14 | | remains. If the official with custody of human remains is not a | 15 | | coroner or medical
examiner, the official shall immediately | 16 | | notify the coroner or medical examiner of the county in which | 17 | | the remains were found.
The coroner or medical examiner shall | 18 | | go to the scene and take charge of the remains. | 19 | | (b) Notwithstanding any other action deemed appropriate | 20 | | for the handling of
the human remains, the medical examiner , or | 21 | | coroner , or responsible investigative agency shall make | 22 | | reasonable attempts
to promptly identify human remains. These | 23 | | actions may include but
are not limited to obtaining:
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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 | | (b-5) The responsible investigative agency shall send the | 13 | | National Missing and Unidentified Persons System created by the | 14 | | United States Department of Justice (NamUs), if possible, with | 15 | | copies of fingerprints on standardized 8 inch by 8 inch | 16 | | fingerprint cards or the equivalent digital image, prints or | 17 | | partial prints of any fingers, a forensic odontology report | 18 | | concerning the body, detailed personal descriptions, DNA | 19 | | samples for nuclear and mitochondrial DNA analysis, available | 20 | | DNA analysis results, and all other identifying data, including | 21 | | date and place of death, of all deceased persons whose deaths | 22 | | are in a classification requiring inquiry by the coroner or | 23 | | medical examiner and who remain unidentified after all | 24 | | available methods have been exhausted. | 25 | | (c) No medical examiner or coroner or any other person | 26 | | shall dispose of, or engage in
actions that will materially |
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| 1 | | affect the unidentified human remains before
the medical | 2 | | examiner or coroner obtains:
| 3 | | (1) samples suitable for DNA identification, | 4 | | archiving; | 5 | | (2) photographs of the unidentified person or human | 6 | | remains; and | 7 | | (3) all other appropriate steps for identification | 8 | | have been exhausted. | 9 | | (d) Cremation of unidentified human remains is prohibited. | 10 | | (e) The medical examiner or coroner or the
Department of | 11 | | State Police shall make reasonable efforts to obtain
prompt DNA | 12 | | analysis of biological samples if the human remains have
not | 13 | | been identified by other means within 30 days.
| 14 | | (f) The medical examiner or coroner or the
Department of | 15 | | State Police shall seek support from appropriate State
and | 16 | | federal agencies for human remains identification efforts. | 17 | | This
support may include, but is not limited to, available | 18 | | mitochondrial or
nuclear DNA testing, federal grants for DNA | 19 | | testing, or federal grants for
crime laboratory or medical | 20 | | examiner or coroner's office improvement.
| 21 | | (g) The Department of State Police
shall promptly enter | 22 | | information in federal and State
databases that may aid in the | 23 | | identification of human remains.
Information shall be entered | 24 | | into federal databases as follows:
| 25 | | (1) information for the National Crime Information | 26 | | Center shall be entered within 72
hours;
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| 1 | | (2) DNA profiles and information shall be entered into | 2 | | the National
DNA Index System (NDIS) within 5 business days | 3 | | after the
completion of the DNA analysis and procedures | 4 | | necessary for the
entry of the DNA profile; and
| 5 | | (3) information sought by the Violent Criminal | 6 | | Apprehension
Program database shall be entered as soon as | 7 | | practicable.
| 8 | | (h) If the Department of State Police does not input the | 9 | | data directly into the
federal databases, the Department of | 10 | | State Police shall consult with
the medical examiner or | 11 | | coroner's office to ensure appropriate training of the data
| 12 | | entry personnel and the establishment of a quality assurance | 13 | | protocol for
ensuring the ongoing quality of data entered in | 14 | | the federal and State
databases.
| 15 | | (i) Nothing in this Act shall be interpreted to preclude | 16 | | any medical examiner
or coroner's office, the Department of | 17 | | State Police, or a local law
enforcement agency from pursuing | 18 | | other efforts to identify unidentified
human remains including | 19 | | efforts to publicize information, descriptions, or
photographs | 20 | | that may aid in the identification of the unidentified remains,
| 21 | | allow family members to identify the missing person, and seek | 22 | | to protect
the dignity of the missing person.
| 23 | | (Source: P.A. 95-192, eff. 8-16-07.)
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