(50 ILCS 722/20)
Sec. 20. Unidentified persons or human remains identification responsibilities. (a) 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 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 |
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(2) dental or skeletal X-rays;
(3) photographs of items found with the human
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(4) fingerprints from the remains, if possible;
(5) samples of tissue suitable for DNA typing, if
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(6) samples of whole bone or hair suitable for DNA
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(7) any other information that may support
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(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,
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(2) photographs of the unidentified person or human
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(3) all other appropriate steps for identification
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(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
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(2) DNA profiles and information shall be entered
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(3) information sought by the Violent Criminal
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(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.)
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