Public Act 100-0901
 
HB4348 EnrolledLRB100 17440 SLF 32608 b


  
    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 Sections 20 and 25 as follows:
 
    (50 ILCS 722/20)

    Sec. 20. Unidentified persons or human remains 
identification responsibilities. 
    (a) In this Section, "assisting law enforcement agency" 
means a law enforcement agency with jurisdiction acting under 
the request and direction of the medical examiner or coroner to 
assist with human remains identification. 
    (a-5) If the official with custody of the 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 assisting law 
enforcement agency, medical examiner, or coroner shall make 
reasonable attempts
to promptly identify human remains. This 
does not include historic or prehistoric skeletal remains. 
These actions shall may include, but
are not limited to, 
obtaining the following when possible:

        (1) photographs of the human remains (prior to an 
    autopsy); 
        (2) dental and or skeletal X-rays; 
        (3) photographs of items found on or with the human 
    remains; 
        (4) fingerprints from the remains, if possible; 
        (5) samples of tissue samples suitable for DNA analysis 
    typing, if possible; 
        (6) (blank); and samples of whole bone or hair suitable 
    for DNA typing, or both; 
        (7) any other information that may support 
    identification efforts. 
    (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 assisting law 
enforcement agency, medical examiner, or coroner obtains items 
essential for human identification efforts listed in 
subsection (b) of this Section. :

        (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) (Blank). 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 assisting law enforcement agency, medical 
examiner, or coroner or the
Department of State Police shall 
seek support from appropriate State
and federal agencies, 
including National Missing and Unidentified Persons System 
resources to facilitate prompt identification of human remains 
for human remains identification efforts. This
support may 
include, but is not limited to, fingerprint comparison; 
forensic odontology; nuclear or mitochondrial DNA analysis, or 
both; and forensic anthropology. 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.

    (f-5) Fingerprints from the unidentified remains, 
including partial prints, shall be submitted to the Department 
of State Police or other resource for the purpose of attempting 
to identify the deceased. The coroner or medical examiner shall 
cause a dental examination to be performed by a forensic 
odontologist for the purpose of dental charting, comparison to 
missing person records, or both. Tissue samples collected for 
DNA analysis shall be submitted within 30 days of the recovery 
of the remains to a National Missing and Unidentified Persons 
System partner laboratory or other resource where DNA profiles 
are entered into the National DNA Index System upon completion 
of testing. Forensic anthropological analysis of the remains 
shall also be considered. 
    (g) (Blank). 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.

    (g-2) The medical examiner or coroner shall report the 
unidentified human remains and the location where the remains 
were found to the Department of State Police within 24 hours of 
discovery as mandated by Section 15 of this Act. The assisting 
law enforcement agency, medical examiner, or coroner shall 
contact the Department of State Police to request the creation 
of an National Crime Information Center Unidentified Person 
record within 5 days of the discovery of the remains.  The 
assisting law enforcement agency, medical examiner, or coroner 
shall provide the Department of State Police all information 
required for National Crime Information Center entry.  Upon 
notification, the Department of State Police shall create the 
Unidentified Person record without unnecessary delay. 
    (g-5) The assisting law enforcement agency, medical 
examiner, or coroner shall obtain a National Crime Information 
Center number from the Department of State Police to verify 
entry and  maintain this number within the unidentified human 
remains case file.  A National Crime Information Center 
Unidentified Person record shall remain on file indefinitely or 
until action is taken by the originating agency to clear or 
cancel the record.  The assisting law enforcement agency, 
medical examiner, or coroner shall notify the Department of 
State Police of necessary record modifications or cancellation 
if identification is made. 
    (h) (Blank). 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.

    (h-5) The assisting law enforcement agency, medical 
examiner, or coroner shall create an unidentified person record 
in the National Missing and Unidentified Persons System prior 
to the submission of samples or within 30 days of the discovery 
of the remains, if no identification has been made.  The entry 
shall include all available case information including 
fingerprint data and dental charts.  Samples shall be submitted 
to a National Missing and Unidentified Persons System partner 
laboratory for DNA analysis within 30 Days.  A notation of DNA 
submission shall be made within the National Missing and 
Unidentified Persons System Unidentified Person record. 
    (i) Nothing in this Act shall be interpreted to preclude 
any assisting law enforcement agency, medical examiner, 
coroner or coroner's office, or 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 related to 
the investigation 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.


    (j) For historic or prehistoric human skeletal remains 
determined by an anthropologist to be older than 100 years, 
jurisdiction shall be transferred to the Department of Natural 
Resources  for further investigation under the Archaeological 
and Paleontological Resources Protection Act. 
(Source: P.A. 95-192, eff. 8-16-07.)
 
    (50 ILCS 722/25)
    Sec. 25. Unidentified persons.  The coroner or medical 
examiner shall obtain a DNA sample from any individual whose 
remains are not identifiable.  The DNA sample shall be forwarded 
to a National Missing and Unidentified Persons System partner 
laboratory or other resource for analysis and inclusion in the 
National DNA Index System the Department of State Police for 
inclusion in the State and National DNA Databases.
    Prior to the burial or interment of any unknown 
individual's remains or any unknown individual's body part, the 
medical examiner or coroner in possession of the remains or 
body part must assign a DNA log number to the unknown 
individual or body part.  The medical examiner or coroner shall 
place a tag that is stamped or inscribed with the DNA log 
number on the individual or body part.  The DNA log number shall 
be stamped on the unidentified individual's toe tag, if 
possible.

(Source: P.A. 97-679, eff. 2-6-12.)