HB4348 100TH GENERAL ASSEMBLY

LRB100 17440 SLF 32608 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4348

Introduced , by Rep. John Connor

SYNOPSIS AS INTRODUCED:

50 ILCS 722/20

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".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Missing Persons Identification Act is amended by changing Section 20 as follows:

(50 ILCS 722/20)

Sec. 20. Unidentified persons or human remains identification responsibilities.

(a) In this Section, "responsible investigative agency" means a local law enforcement agency with jurisdiction over unidentified human remains for the purpose of assisting the coroner or medical examiner with investigating the identity or the manner and cause of death for the unidentified human remains. If the official with custody of human remains is not a coroner or medical examiner, the official shall immediately notify the coroner or medical examiner of the county in which the remains were found. The coroner or medical examiner shall go to the scene and take charge of the remains.

(b) Notwithstanding any other action deemed appropriate for the handling of the human remains, the medical examiner, or coroner, or responsible investigative agency shall make reasonable attempts to promptly identify human remains. These actions may include but are not limited to obtaining:

(1) photographs of the human remains (prior to an autopsy);

(2) dental or skeletal X-rays;

(3) photographs of items found with the human remains;

(4) fingerprints from the remains, if possible;

(5) samples of tissue suitable for DNA typing, if possible;

(6) samples of whole bone or hair suitable for DNA typing, or both;

(7) any other information that may support identification efforts.

(b-5) The responsible investigative agency shall send the National Missing and Unidentified Persons System created by the United States Department of Justice (NamUs), 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.

(c) No medical examiner or coroner or any other person shall dispose of, or engage in actions that will materially affect the unidentified human remains before the medical examiner or coroner obtains:

(1) samples suitable for DNA identification, archiving;

(2) photographs of the unidentified person or human remains; and

(3) all other appropriate steps for identification have been exhausted.

(d) Cremation of unidentified human remains is prohibited.

(e) The medical examiner or coroner or the Department of State Police shall make reasonable efforts to obtain prompt DNA analysis of biological samples if the human remains have not been identified by other means within 30 days.

(f) The medical examiner or coroner or the Department of State Police shall seek support from appropriate State and federal agencies for human remains identification efforts. This support may include, but is not limited to, available mitochondrial or nuclear DNA testing, federal grants for DNA testing, or federal grants for crime laboratory or medical examiner or coroner's office improvement.

(g) The Department of State Police shall promptly enter information in federal and State databases that may aid in the identification of human remains. Information shall be entered into federal databases as follows:

(1) information for the National Crime Information Center shall be entered within 72 hours;

(2) DNA profiles and information shall be entered into the National DNA Index System (NDIS) within 5 business days after the completion of the DNA analysis and procedures necessary for the entry of the DNA profile; and

(3) information sought by the Violent Criminal Apprehension Program database shall be entered as soon as practicable.

(h) If the Department of State Police does not input the data directly into the federal databases, the Department of State Police shall consult with the medical examiner or coroner's office to ensure appropriate training of the data entry personnel and the establishment of a quality assurance protocol for ensuring the ongoing quality of data entered in the federal and State databases.

(i) Nothing in this Act shall be interpreted to preclude any medical examiner or coroner's office, the Department of State Police, or a local law enforcement agency from pursuing other efforts to identify unidentified human remains including efforts to publicize information, descriptions, or photographs that may aid in the identification of the unidentified remains, allow family members to identify the missing person, and seek to protect the dignity of the missing person.

(Source: P.A. 95-192, eff. 8-16-07.)