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| | HB4348 Engrossed | | LRB100 17440 SLF 32608 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Missing Persons Identification Act is |
| 5 | | amended by changing Section 20 as follows:
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| 6 | | (50 ILCS 722/20)
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| 7 | | Sec. 20. Unidentified persons or human remains |
| 8 | | identification responsibilities. |
| 9 | | (a) In this Section, "assisting law enforcement agency" |
| 10 | | means a local law enforcement agency responsible for the |
| 11 | | jurisdiction in which the human remains were found or any other |
| 12 | | law enforcement agency assisting with the investigation or |
| 13 | | identification efforts. If the official with custody of human |
| 14 | | remains is not a coroner or medical
examiner, the official |
| 15 | | shall immediately notify the coroner or medical examiner of the |
| 16 | | county in which the remains were found.
The coroner or medical |
| 17 | | examiner shall go to the scene and take charge of the remains. |
| 18 | | (b) Notwithstanding any other action deemed appropriate |
| 19 | | for the handling of
the human remains, the medical examiner or |
| 20 | | coroner, with the help of the assisting law enforcement agency, |
| 21 | | shall make reasonable attempts
to promptly identify human |
| 22 | | remains. These actions may include but
are not limited to |
| 23 | | 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 | | (c) No medical examiner or coroner or any other person |
| 13 | | shall dispose of, or engage in
actions that will materially |
| 14 | | affect the unidentified human remains before
the medical |
| 15 | | examiner or coroner obtains:
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| 16 | | (1) samples suitable for DNA identification, |
| 17 | | archiving; |
| 18 | | (2) photographs of the unidentified person or human |
| 19 | | remains; and |
| 20 | | (3) all other appropriate steps for identification |
| 21 | | have been exhausted. |
| 22 | | (d) Cremation of unidentified human remains is prohibited. |
| 23 | | (e) The medical examiner or coroner or the
Department of |
| 24 | | State Police shall make reasonable efforts to obtain
prompt DNA |
| 25 | | analysis of biological samples if the human remains have
not |
| 26 | | been identified by other means within 30 days.
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| 1 | | (f) The medical examiner or coroner or the
Department of |
| 2 | | State Police shall seek support from appropriate State
and |
| 3 | | federal agencies for human remains identification efforts. |
| 4 | | This
support may include, but is not limited to, available |
| 5 | | mitochondrial or
nuclear DNA testing, federal grants for DNA |
| 6 | | testing, or federal grants for
crime laboratory or medical |
| 7 | | examiner or coroner's office improvement.
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| 8 | | (g) The medical examiner or coroner with the help of the |
| 9 | | assisting law enforcement agency Department of State Police
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| 10 | | shall promptly enter information in federal and State
databases |
| 11 | | that may aid in the identification of human remains.
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| 12 | | Information shall be entered into federal databases as follows:
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| 13 | | (1) information for the National Crime Information |
| 14 | | Center shall be entered within 72
hours;
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| 15 | | (2) DNA profiles and information shall be entered into |
| 16 | | the National
DNA Index System (NDIS) within 5 business days |
| 17 | | after the
completion of the DNA analysis and procedures |
| 18 | | necessary for the
entry of the DNA profile; and
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| 19 | | (3) information concerning the identification of human |
| 20 | | remains shall be entered into the sought by National |
| 21 | | Missing and Unidentified Persons System created by the |
| 22 | | United States Department of Justice (NamUs) the Violent |
| 23 | | Criminal Apprehension
Program database shall be entered as |
| 24 | | soon as practicable; and .
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| 25 | | (4) information concerning missing persons shall be |
| 26 | | entered into the National Missing and Unidentified Persons |
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| 1 | | System created by the United States Department of Justice |
| 2 | | (NamUs) after 30 days. |
| 3 | | (h) (Blank). If the Department of State Police does not |
| 4 | | input the data directly into the
federal databases, the |
| 5 | | Department of State Police shall consult with
the medical |
| 6 | | examiner or coroner's office to ensure appropriate training of |
| 7 | | the data
entry personnel and the establishment of a quality |
| 8 | | assurance protocol for
ensuring the ongoing quality of data |
| 9 | | entered in the federal and State
databases.
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| 10 | | (i) Nothing in this Act shall be interpreted to preclude |
| 11 | | any medical examiner
or coroner's office, the Department of |
| 12 | | State Police, or a local law
enforcement agency from pursuing |
| 13 | | other efforts to identify unidentified
human remains including |
| 14 | | efforts to publicize information, descriptions, or
photographs |
| 15 | | that may aid in the identification of the unidentified remains,
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| 16 | | allow family members to identify the missing person, and seek |
| 17 | | to protect
the dignity of the missing person.
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| 18 | | (Source: P.A. 95-192, eff. 8-16-07.)
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