Illinois General Assembly - Full Text of HB4348
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Full Text of HB4348  100th General Assembly


Rep. John Connor

Filed: 3/16/2018





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2    AMENDMENT NO. ______. Amend House Bill 4348 by replacing
3everything after the enacting clause with the following:
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



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1examiner shall go to the scene and take charge of the remains.
2    (b) Notwithstanding any other action deemed appropriate
3for the handling of the human remains, the medical examiner or
4coroner, with the help of the assisting law enforcement agency,
5shall make reasonable attempts to promptly identify human
6remains. These actions may include but are not limited to
8        (1) photographs of the human remains (prior to an
9    autopsy);
10        (2) dental or skeletal X-rays;
11        (3) photographs of items found with the human remains;
12        (4) fingerprints from the remains, if possible;
13        (5) samples of tissue suitable for DNA typing, if
14    possible;
15        (6) samples of whole bone or hair suitable for DNA
16    typing, or both;
17        (7) any other information that may support
18    identification efforts.
19    (c) No medical examiner or coroner or any other person
20shall dispose of, or engage in actions that will materially
21affect the unidentified human remains before the medical
22examiner or coroner obtains:
23        (1) samples suitable for DNA identification,
24    archiving;
25        (2) photographs of the unidentified person or human
26    remains; and



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1        (3) all other appropriate steps for identification
2    have been exhausted.
3    (d) Cremation of unidentified human remains is prohibited.
4    (e) The medical examiner or coroner or the Department of
5State Police shall make reasonable efforts to obtain prompt DNA
6analysis of biological samples if the human remains have not
7been identified by other means within 30 days.
8    (f) The medical examiner or coroner or the Department of
9State Police shall seek support from appropriate State and
10federal agencies for human remains identification efforts.
11This support may include, but is not limited to, available
12mitochondrial or nuclear DNA testing, federal grants for DNA
13testing, or federal grants for crime laboratory or medical
14examiner or coroner's office improvement.
15    (g) The medical examiner or coroner with the help of the
16assisting law enforcement agency Department of State Police
17shall promptly enter information in federal and State databases
18that may aid in the identification of human remains.
19Information shall be entered into federal databases as follows:
20        (1) information for the National Crime Information
21    Center shall be entered within 72 hours;
22        (2) DNA profiles and information shall be entered into
23    the National DNA Index System (NDIS) within 5 business days
24    after the completion of the DNA analysis and procedures
25    necessary for the entry of the DNA profile; and
26        (3) information concerning the identification of human



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1    remains shall be entered into the sought by National
2    Missing and Unidentified Persons System created by the
3    United States Department of Justice (NamUs) the Violent
4    Criminal Apprehension Program database shall be entered as
5    soon as practicable; and .
6        (4) information concerning missing persons shall be
7    entered into the National Missing and Unidentified Persons
8    System created by the United States Department of Justice
9    (NamUs) after 30 days.
10    (h) (Blank). If the Department of State Police does not
11input the data directly into the federal databases, the
12Department of State Police shall consult with the medical
13examiner or coroner's office to ensure appropriate training of
14the data entry personnel and the establishment of a quality
15assurance protocol for ensuring the ongoing quality of data
16entered in the federal and State databases.
17    (i) Nothing in this Act shall be interpreted to preclude
18any medical examiner or coroner's office, the Department of
19State Police, or a local law enforcement agency from pursuing
20other efforts to identify unidentified human remains including
21efforts to publicize information, descriptions, or photographs
22that may aid in the identification of the unidentified remains,
23allow family members to identify the missing person, and seek
24to protect the dignity of the missing person.
25(Source: P.A. 95-192, eff. 8-16-07.)".