HB4348 EnrolledLRB100 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 Sections 20 and 25 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 law enforcement agency with jurisdiction acting under
11the request and direction of the medical examiner or coroner to
12assist with human remains identification.
13    (a-5) If the official with custody of the human remains is
14not a coroner or medical examiner, the official shall
15immediately 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 assisting law
20enforcement agency, medical examiner, or coroner shall make
21reasonable attempts to promptly identify human remains. This
22does not include historic or prehistoric skeletal remains.
23These actions shall may include, but are not limited to,



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1obtaining the following when possible:
2        (1) photographs of the human remains (prior to an
3    autopsy);
4        (2) dental and or skeletal X-rays;
5        (3) photographs of items found on or with the human
6    remains;
7        (4) fingerprints from the remains, if possible;
8        (5) samples of tissue samples suitable for DNA analysis
9    typing, if possible;
10        (6) (blank); and samples of whole bone or hair suitable
11    for DNA typing, or both;
12        (7) any other information that may support
13    identification efforts.
14    (c) No medical examiner or coroner or any other person
15shall dispose of, or engage in actions that will materially
16affect the unidentified human remains before the assisting law
17enforcement agency, medical examiner, or coroner obtains items
18essential for human identification efforts listed in
19subsection (b) of this Section. :
20        (1) samples suitable for DNA identification,
21    archiving;
22        (2) photographs of the unidentified person or human
23    remains; and
24        (3) all other appropriate steps for identification
25    have been exhausted.
26    (d) Cremation of unidentified human remains is prohibited.



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1    (e) (Blank). The medical examiner or coroner or the
2Department of State Police shall make reasonable efforts to
3obtain prompt DNA analysis of biological samples if the human
4remains have not been identified by other means within 30 days.
5    (f) The assisting law enforcement agency, medical
6examiner, or coroner or the Department of State Police shall
7seek support from appropriate State and federal agencies,
8including National Missing and Unidentified Persons System
9resources to facilitate prompt identification of human remains
10for human remains identification efforts. This support may
11include, but is not limited to, fingerprint comparison;
12forensic odontology; nuclear or mitochondrial DNA analysis, or
13both; and forensic anthropology. available mitochondrial or
14nuclear DNA testing, federal grants for DNA testing, or federal
15grants for crime laboratory or medical examiner or coroner's
16office improvement.
17    (f-5) Fingerprints from the unidentified remains,
18including partial prints, shall be submitted to the Department
19of State Police or other resource for the purpose of attempting
20to identify the deceased. The coroner or medical examiner shall
21cause a dental examination to be performed by a forensic
22odontologist for the purpose of dental charting, comparison to
23missing person records, or both. Tissue samples collected for
24DNA analysis shall be submitted within 30 days of the recovery
25of the remains to a National Missing and Unidentified Persons
26System partner laboratory or other resource where DNA profiles



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1are entered into the National DNA Index System upon completion
2of testing. Forensic anthropological analysis of the remains
3shall also be considered.
4    (g) (Blank). The Department of State Police shall promptly
5enter information in federal and State databases that may aid
6in the identification of human remains. Information shall be
7entered into federal databases as follows:
8        (1) information for the National Crime Information
9    Center shall be entered within 72 hours;
10        (2) DNA profiles and information shall be entered into
11    the National DNA Index System (NDIS) within 5 business days
12    after the completion of the DNA analysis and procedures
13    necessary for the entry of the DNA profile; and
14        (3) information sought by the Violent Criminal
15    Apprehension Program database shall be entered as soon as
16    practicable.
17    (g-2) The medical examiner or coroner shall report the
18unidentified human remains and the location where the remains
19were found to the Department of State Police within 24 hours of
20discovery as mandated by Section 15 of this Act. The assisting
21law enforcement agency, medical examiner, or coroner shall
22contact the Department of State Police to request the creation
23of an National Crime Information Center Unidentified Person
24record within 5 days of the discovery of the remains. The
25assisting law enforcement agency, medical examiner, or coroner
26shall provide the Department of State Police all information



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1required for National Crime Information Center entry. Upon
2notification, the Department of State Police shall create the
3Unidentified Person record without unnecessary delay.
4    (g-5) The assisting law enforcement agency, medical
5examiner, or coroner shall obtain a National Crime Information
6Center number from the Department of State Police to verify
7entry and maintain this number within the unidentified human
8remains case file. A National Crime Information Center
9Unidentified Person record shall remain on file indefinitely or
10until action is taken by the originating agency to clear or
11cancel the record. The assisting law enforcement agency,
12medical examiner, or coroner shall notify the Department of
13State Police of necessary record modifications or cancellation
14if identification is made.
15    (h) (Blank). If the Department of State Police does not
16input the data directly into the federal databases, the
17Department of State Police shall consult with the medical
18examiner or coroner's office to ensure appropriate training of
19the data entry personnel and the establishment of a quality
20assurance protocol for ensuring the ongoing quality of data
21entered in the federal and State databases.
22    (h-5) The assisting law enforcement agency, medical
23examiner, or coroner shall create an unidentified person record
24in the National Missing and Unidentified Persons System prior
25to the submission of samples or within 30 days of the discovery
26of the remains, if no identification has been made. The entry



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1shall include all available case information including
2fingerprint data and dental charts. Samples shall be submitted
3to a National Missing and Unidentified Persons System partner
4laboratory for DNA analysis within 30 Days. A notation of DNA
5submission shall be made within the National Missing and
6Unidentified Persons System Unidentified Person record.
7    (i) Nothing in this Act shall be interpreted to preclude
8any assisting law enforcement agency, medical examiner,
9coroner or coroner's office, or the Department of State Police,
10or a local law enforcement agency from pursuing other efforts
11to identify unidentified human remains including efforts to
12publicize information, descriptions, or photographs related to
13the investigation that may aid in the identification of the
14unidentified remains, allow family members to identify the
15missing person, and seek to protect the dignity of the missing
17    (j) For historic or prehistoric human skeletal remains
18determined by an anthropologist to be older than 100 years,
19jurisdiction shall be transferred to the Department of Natural
20Resources for further investigation under the Archaeological
21and Paleontological Resources Protection Act.
22(Source: P.A. 95-192, eff. 8-16-07.)
23    (50 ILCS 722/25)
24    Sec. 25. Unidentified persons. The coroner or medical
25examiner shall obtain a DNA sample from any individual whose



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1remains are not identifiable. The DNA sample shall be forwarded
2to a National Missing and Unidentified Persons System partner
3laboratory or other resource for analysis and inclusion in the
4National DNA Index System the Department of State Police for
5inclusion in the State and National DNA Databases.
6    Prior to the burial or interment of any unknown
7individual's remains or any unknown individual's body part, the
8medical examiner or coroner in possession of the remains or
9body part must assign a DNA log number to the unknown
10individual or body part. The medical examiner or coroner shall
11place a tag that is stamped or inscribed with the DNA log
12number on the individual or body part. The DNA log number shall
13be stamped on the unidentified individual's toe tag, if
15(Source: P.A. 97-679, eff. 2-6-12.)