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


Sen. Antonio Muñoz

Filed: 5/8/2018





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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 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



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



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



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1to identify the deceased. The coroner or medical examiner shall
2cause a dental examination to be performed by a forensic
3odontologist for the purpose of dental charting, comparison to
4missing person records, or both. Tissue samples collected for
5DNA analysis shall be submitted within 30 days of the recovery
6of the remains to a National Missing and Unidentified Persons
7System partner laboratory or other resource where DNA profiles
8are entered into the National DNA Index System upon completion
9of testing. Forensic anthropological analysis of the remains
10shall also be considered.
11    (g) (Blank). The Department of State Police shall promptly
12enter information in federal and State databases that may aid
13in the identification of human remains. Information shall be
14entered into federal databases as follows:
15        (1) information for the National Crime Information
16    Center shall be entered within 72 hours;
17        (2) DNA profiles and information shall be entered into
18    the National DNA Index System (NDIS) within 5 business days
19    after the completion of the DNA analysis and procedures
20    necessary for the entry of the DNA profile; and
21        (3) information sought by the Violent Criminal
22    Apprehension Program database shall be entered as soon as
23    practicable.
24    (g-2) The medical examiner or coroner shall report the
25unidentified human remains and the location where the remains
26were found to the Department of State Police within 24 hours of



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1discovery as mandated by Section 15 of this Act. The assisting
2law enforcement agency, medical examiner, or coroner shall
3contact the Department of State Police to request the creation
4of an National Crime Information Center Unidentified Person
5record within 5 days of the discovery of the remains. The
6assisting law enforcement agency, medical examiner, or coroner
7shall provide the Department of State Police all information
8required for National Crime Information Center entry. Upon
9notification, the Department of State Police shall create the
10Unidentified Person record without unnecessary delay.
11    (g-5) The assisting law enforcement agency, medical
12examiner, or coroner shall obtain a National Crime Information
13Center number from the Department of State Police to verify
14entry and maintain this number within the unidentified human
15remains case file. A National Crime Information Center
16Unidentified Person record shall remain on file indefinitely or
17until action is taken by the originating agency to clear or
18cancel the record. The assisting law enforcement agency,
19medical examiner, or coroner shall notify the Department of
20State Police of necessary record modifications or cancellation
21if identification is made.
22    (h) (Blank). If the Department of State Police does not
23input the data directly into the federal databases, the
24Department of State Police shall consult with the medical
25examiner or coroner's office to ensure appropriate training of
26the data entry personnel and the establishment of a quality



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1assurance protocol for ensuring the ongoing quality of data
2entered in the federal and State databases.
3    (h-5) The assisting law enforcement agency, medical
4examiner, or coroner shall create an unidentified person record
5in the National Missing and Unidentified Persons System prior
6to the submission of samples or within 30 days of the discovery
7of the remains, if no identification has been made. The entry
8shall include all available case information including
9fingerprint data and dental charts. Samples shall be submitted
10to a National Missing and Unidentified Persons System partner
11laboratory for DNA analysis within 30 Days. A notation of DNA
12submission shall be made within the National Missing and
13Unidentified Persons System Unidentified Person record.
14    (i) Nothing in this Act shall be interpreted to preclude
15any assisting law enforcement agency, medical examiner,
16coroner or coroner's office, or the Department of State Police,
17or a local law enforcement agency from pursuing other efforts
18to identify unidentified human remains including efforts to
19publicize information, descriptions, or photographs related to
20the investigation that may aid in the identification of the
21unidentified remains, allow family members to identify the
22missing person, and seek to protect the dignity of the missing
24    (j) For historic or prehistoric human skeletal remains
25determined by an anthropologist to be older than 100 years,
26jurisdiction shall be transferred to the Department of Natural



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1Resources for further investigation under the Archaeological
2and Paleontological Resources Protection Act.
3(Source: P.A. 95-192, eff. 8-16-07.)
4    (50 ILCS 722/25)
5    Sec. 25. Unidentified persons. The coroner or medical
6examiner shall obtain a DNA sample from any individual whose
7remains are not identifiable. The DNA sample shall be forwarded
8to a National Missing and Unidentified Persons System partner
9laboratory or other resource for analysis and inclusion in the
10National DNA Index System the Department of State Police for
11inclusion in the State and National DNA Databases.
12    Prior to the burial or interment of any unknown
13individual's remains or any unknown individual's body part, the
14medical examiner or coroner in possession of the remains or
15body part must assign a DNA log number to the unknown
16individual or body part. The medical examiner or coroner shall
17place a tag that is stamped or inscribed with the DNA log
18number on the individual or body part. The DNA log number shall
19be stamped on the unidentified individual's toe tag, if
21(Source: P.A. 97-679, eff. 2-6-12.)".