Public Act 095-0192
 		





HB0194 Enrolled
LRB095 04211 RLC 24251 b






    AN ACT concerning missing persons.

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

 
    Section 1. Short title. This Act may be cited as the 
Missing Persons Identification Act.
 
    Section 5. Missing person reports. 
    (a) Report acceptance. All law enforcement agencies shall 
accept without delay any report of a missing person. Acceptance 
of a missing person report filed in person may not be refused 
on any ground. No law enforcement agency may refuse to accept a 
missing person report:
        (1) on the basis that the missing person is an adult;
        (2) on the basis that the circumstances do not indicate 
    foul play;
        (3) on the basis that the person has been missing for a 
    short period of time;
        (4) on the basis that the person has been missing a 
    long period of time; 
        (5) on the basis that there is no indication that the 
    missing person was in the jurisdiction served by the law 
    enforcement agency at the time of the disappearance;
        (6) on the basis that the circumstances suggest that 
    the disappearance may be voluntary; 
        (7) on the basis that the reporting individual does not 
    have personal knowledge of the facts;
        (8) on the basis that the reporting individual cannot 
    provide all of the information requested by the law 
    enforcement agency;
        (9) on the basis that the reporting individual lacks a 
    familial or other relationship with the missing person; or
        (10) for any other reason.
    (b) Manner of reporting.  All law enforcement agencies shall 
accept missing person reports in person. Law enforcement 
agencies are encouraged to accept reports by phone or by 
electronic or other media to the extent that such reporting is 
consistent with law enforcement policies or practices. 
    (c) Contents of report.  In accepting a report of a missing 
person, the law enforcement agency shall attempt to gather 
relevant information relating to the disappearance.  The law 
enforcement agency shall attempt to gather at the time of the 
report information that shall include, but shall not be limited 
to, the following:
        (1) the name of the missing person, including 
    alternative names used; 
        (2) the missing person's date of birth; 
        (3) the missing person's identifying marks, such as 
    birthmarks, moles, tattoos, and scars; 
        (4) the missing person's height and weight; 
        (5) the missing person's gender;
        (6) the missing person's race;
        (7) the missing person's current hair color and true or 
    natural hair color; 
        (8) the missing person's eye color;
        (9) the missing person's prosthetics, surgical 
    implants, or cosmetic implants; 
        (10) the missing person's physical anomalies;
        (11) the missing person's blood type, if known;
        (12) the missing person's driver's license number, if 
    known;
        (13) the missing person's social security number, if 
    known; 
        (14) a photograph of the missing person; recent 
    photographs are preferable and the agency is encouraged to 
    attempt to ascertain the approximate date the photograph 
    was taken;
        (15) a description of the clothing the missing person 
    was believed to be wearing; 
        (16) a description of items that might be with the 
    missing person, such as  jewelry, accessories, and shoes or 
    boots; 
        (17) information on the missing person's electronic 
    communications devices, such as cellular telephone numbers 
    and  e-mail addresses; 
        (18) the reasons why the reporting individual believes 
    that the person is missing;
        (19)
 the name and location of the missing person's 
    school or employer, if known;

        (20) the name and location of the missing person's 
    dentist or primary care physician, or both, if known;
        (21) any circumstances that may indicate that the 
    disappearance was not voluntary;
        (22) any circumstances that may indicate that the 
    missing person may be at risk of injury or death; 
        (23) a description of the possible means of 
    transportation of the missing person, including make, 
    model, color, license number, and Vehicle Identification 
    Number of a vehicle;
        (24) any identifying information about a known or 
    possible abductor or person last seen with the missing 
    person, or both, including:
            (A) name; 
            (B) a physical description;
            (C) date of birth;
            (D) identifying marks; 
            (E) the description of possible means of 
        transportation, including make, model, color, license 
        number, and Vehicle Identification Number of a 
        vehicle; 
            (F) known associates; 
        (25) any other information that may aid in locating the 
    missing person; and 
        (26)  the date of last contact.
    (d) Notification and follow up action.
        (1) Notification. The law enforcement agency shall 
    notify the person making the report, a family member, or 
    other person in a position to assist the law enforcement 
    agency in its efforts to locate the missing person of the 
    following: 
            (A) general information about the handling of the 
        missing person case or about intended efforts in the 
        case to the extent that the law enforcement agency 
        determines that disclosure would not adversely affect 
        its ability to locate or protect the missing person or  
        to apprehend or prosecute any person criminally 
        involved in the disappearance; 
            (B) that the person should promptly contact the law 
        enforcement agency if the missing person remains 
        missing in order to provide additional information and 
        materials that will aid in locating the missing person 
        such as the missing person's credit cards, debit cards, 
        banking information, and cellular telephone records; 
        and
            (C) that any DNA samples provided for the missing 
        person case are provided on a voluntary basis and will 
        be used solely to help locate or identify the missing 
        person and will not be used for any other purpose.
        The law enforcement agency, upon acceptance of a 
    missing person report, shall inform the reporting citizen 
    of one of 2 resources, based upon the age of the missing 
    person.  If the missing person is under 18 years of age, 
    contact information for the National Center for Missing and 
    Exploited Children shall be given.  If the missing person is 
    age 18 or older, contact information for the National 
    Center for Missing Adults shall be given.
        Agencies handling the remains of a missing person who 
    is deceased must notify the agency handling the missing 
    person's case.  Documented efforts must be made to locate 
    family members of the deceased person to inform them of the 
    death and location of the remains of their family member.
        The law enforcement agency is encouraged to make 
    available informational materials, through publications or 
    electronic or other media, that advise the public about how 
    the information or materials identified in this subsection 
    are used to help locate or identify missing persons. 
        (2) Follow up action. If the person identified in the 
    missing person report remains missing after 30 days, and 
    the additional information and materials specified below  
    have not been received, the law enforcement agency shall 
    attempt to obtain:
            (A) DNA samples from family members or from the 
        missing person along with any needed documentation, or 
        both, including any consent forms, required for the use 
        of State or federal DNA databases, including, but not 
        limited to, the Local DNA Index System (LDIS), State 
        DNA Index System (SDIS), and National DNA Index System 
        (NDIS);
            (B) an authorization to release dental or skeletal 
        x-rays of the missing person; 
            (C) any additional photographs of the missing 
        person that may aid the investigation or an 
        identification; the law enforcement agency is not 
        required to obtain written authorization before it 
        releases publicly any photograph that would aid in the 
        investigation or identification of the missing person; 
            (D) dental information and x-rays; and 
            (E) fingerprints. 
        (3) All DNA samples obtained in missing person cases 
    shall be immediately forwarded to the Department of State 
    Police for analysis. The Department of State Police shall 
    establish procedures for determining how to prioritize 
    analysis of the samples relating to missing person cases.
        (4) This subsection  shall not be interpreted to 
    preclude a law enforcement agency from attempting to obtain 
    the materials identified in this subsection before the 
    expiration of the 30-day period. 
 
    Section 10. Law enforcement analysis and reporting of 
missing person information. 
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a 
    person whose whereabouts are not currently known and whose 
    circumstances indicate that the person may be at risk of 
    injury or death. The circumstances that indicate that a 
    person is a high-risk missing person include, but are not 
    limited to, any of the following: 
            (A) the person is missing as a result of a stranger 
        abduction; 
            (B) the person is missing under suspicious 
        circumstances;
            (C) the person is missing under unknown 
        circumstances; 
            (D) the person is missing under known dangerous 
        circumstances; 
            (E) the person is missing more than 30 days; 
            (F) the person has already been designated as a 
        high-risk missing person by another law enforcement 
        agency; 
            (G) there is evidence that the person is at risk 
        because: 
                (i) the person is in need of medical attention 
            or prescription medication; 
                (ii) the person does not have a pattern of 
            running away or disappearing; 
                (iii) the person may have been abducted by a 
            non-custodial parent; 
                (iv) the person is mentally impaired; 
                (v) the person is under the age of 21; 
                (vi) the person has been the subject of past 
            threats or acts of violence; 
                (vii) the person has eloped from a nursing 
            home; or
            (H) any other factor that may, in the judgment of 
        the law enforcement official, indicate that the 
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person 
        report, the law enforcement agency shall immediately 
        determine whether there is a basis to determine that 
        the missing person is a high-risk missing person. 
            (B) If a law enforcement agency has previously 
        determined that a missing person is not a high-risk 
        missing person, but obtains new information, it shall 
        immediately determine whether the information 
        indicates that the missing person is a high-risk 
        missing person. 
            (C) Law enforcement agencies are encouraged to 
        establish written protocols for the handling of 
        missing person cases to accomplish the purposes of this 
        Act. 
        (3) Law enforcement agency reports. 
            (A) The responding local law enforcement agency 
        shall immediately enter all collected information 
        relating to the missing person case in the Law 
        Enforcement Agencies Data System (LEADS) and the 
        National Crime Information Center (NCIC) databases. 
        The information shall be provided in accordance with 
        applicable guidelines relating to the databases. The 
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as 
            determined by the Department of State Police, 
            shall be uploaded into the missing person 
            databases of the State DNA Index System (SDIS) and 
            National DNA Index System (NDIS) after completion 
            of the DNA analysis and other procedures required 
            for database entry. 
                (ii) Information relevant to the Federal 
            Bureau of Investigation's Violent Criminal 
            Apprehension Program shall be entered as soon as 
            possible. 
                (iii) The Department of State Police shall 
            ensure that persons entering data relating to 
            medical or dental records in State or federal 
            databases are specifically trained to understand 
            and correctly enter the information sought by 
            these databases. The Department of State Police 
            shall either use a person with specific expertise 
            in
medical or dental records for this purpose or 
            consult with  a chief medical examiner, forensic 
            anthropologist, or odontologist to ensure the 
            accuracy and completeness of information entered 
            into the State and federal databases.

            (B) The Department of State Police shall 
        immediately notify all law enforcement agencies within 
        this State and the surrounding region of the 
        information that will aid in the prompt location and 
        safe return of the high-risk missing person. 
            (C) The local law enforcement agencies that 
        receive the notification from the Department of State 
        Police shall notify officers to be on the lookout for 
        the missing person or a suspected abductor. 
            (D) Pursuant to any applicable State criteria, 
        local law enforcement agencies shall also provide for 
        the prompt use of an Amber Alert in cases involving 
        abducted children;  or public dissemination of 
        photographs in appropriate high risk cases.
 
    Section 15. Reporting of unidentified persons and human 
remains.  
    (a) Handling of death scene investigations.
        (1) The Department of State Police shall provide 
    information to local law enforcement agencies about best 
    practices for handling death scene investigations. 
        (2) The Department of State Police shall identify any 
    publications or training opportunities that may be 
    available to local law enforcement agencies or law 
    enforcement officers and coroners and medical examiners 
    concerning the handling of death scene investigations. 
    (b) Law enforcement reports. 
        (1) Before performing any death scene investigation 
    deemed appropriate under the circumstances, the official 
    with custody of the human remains shall ensure that the 
    coroner or medical examiner of the county in which the 
    deceased was found has been notified. 
        (2) Any coroner or medical examiner with custody of 
    human remains that are not identified within 24 hours of 
    discovery shall promptly notify the Department of State 
    Police of the location of those remains. 
        (3) If the coroner or medical examiner with custody of 
    remains cannot determine whether or not the remains found 
    are human, the coroner or medical examiner shall notify the 
    Department of State Police of the existence of possible 
    human remains. 
 
    Section 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 
    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. 
    (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.

 
    Section 95. The Department of State Police Law of the
Civil 
Administrative Code of Illinois is amended  by changing Section 
2605-375 as follows:
 



    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)


    Sec. 2605-375. Missing persons; Law Enforcement Agencies 
Data System
(LEADS).

    (a) To establish and maintain a statewide Law Enforcement

Agencies Data System (LEADS) for the purpose of providing 
electronic access
by authorized entities to criminal justice 
data repositories and effecting an
immediate law enforcement 
response to reports of missing persons, including
lost, missing 
or runaway minors and missing endangered seniors.  The 
Department shall implement an automatic
data exchange system to 
compile, to maintain, and to make available to
other law

enforcement agencies for immediate dissemination data that can

assist
appropriate agencies in recovering missing persons and 
provide access by
authorized entities to various data 
repositories available through LEADS for
criminal justice and 
related purposes.  To assist the Department in
this effort, 
funds may be appropriated from the LEADS Maintenance Fund.

    (b) In exercising its duties under this Section, the

Department shall provide
do the following:
(1) Provide a 
uniform reporting format (LEADS) for the entry of pertinent

information regarding the report of a missing person into 
LEADS. The report must include all of the following:


        (1)
(A) Relevant information obtained from the 
    notification concerning the missing person, including all 
    of the following:
            (A)
(i) a physical description of the missing 
        person;
            (B)
(ii) the date, time, and place that the missing 
        person was last seen; and
            (C)
(iii) the missing person's address.
        (2)
(B) Information gathered by a preliminary 
    investigation, if one was made.
        (3)
(C) A statement by the law enforcement officer in 
    charge stating the officer's assessment of the case based 
    on the evidence and information received.
    (b-5) The Department of State Police shall:
prepare the 
report required by this paragraph (1) as soon as practical, but 
not later than 5 hours after the Department receives 
notification of a missing person.

        (1)
(2) Develop and implement a policy whereby a 
    statewide or regional alert
would be used in situations 
    relating to the disappearances of individuals,
based on 
    criteria and in a format established by the Department.  
    Such a
format shall include, but not be limited to, the age 
    of the missing person
and the suspected circumstance of the 
    disappearance.


        (2)
(3) Notify all law enforcement agencies that 
    reports of missing persons
shall be entered as soon as the 
    minimum level of data specified by the
Department is 
    available to the reporting agency and that no waiting 
    period
for the entry of the data exists.


        (3)
(4) Compile and retain information regarding lost, 
    abducted, missing,
or
runaway minors in a separate data 
    file, in a manner that allows that
information to be used 
    by law enforcement and other agencies deemed
appropriate by 
    the Director, for investigative purposes.  The
information

    shall include the disposition of all reported lost, 
    abducted, missing, or
runaway minor cases.


        (4)
(5) Compile and maintain an historic data 
    repository relating to lost,
abducted, missing, or runaway 
    minors and other missing persons, including, but not 
    limited to, missing endangered seniors, in order to
develop 
    and improve techniques utilized by law enforcement 
    agencies when
responding to reports of missing persons.


        (5)
(6) Create a quality control program regarding 
    confirmation of missing
person data, timeliness of entries 
    of missing person reports into LEADS,
and
performance 
    audits of all entering agencies.

        (7) Upon completion of the report required by paragraph 
    (1), the Department of State Police shall immediately 
    forward the contents of the report to all of the following:
            (A) all law enforcement agencies that have 
        jurisdiction in the location where the missing person 
        lives and all law enforcement agencies that have 
        jurisdiction in the location where the missing person 
        was last seen;
            (B) all law enforcement agencies to which the 
        person who made the notification concerning the 
        missing person requests the report be sent, if the 
        Department determines that the request is reasonable 
        in light of the information received;
            (C) all law enforcement agencies that request a 
        copy of the report; and
            (D) the National Crime Information Center's 
        Missing Person File, if appropriate.

        (8) The Department of State Police shall begin an 
    investigation concerning the missing person not later than 
    24 hours after receiving notification of a missing person.
    (c) The Illinois Law Enforcement Training Standards Board 
shall conduct a training program for law enforcement personnel 
of local governmental agencies in the Missing Persons 
Identification Act
statewide coordinated missing endangered 
senior alert system established under this Section.

    (d) The Department of State Police shall perform the duties 
prescribed in the Missing Persons Identification Act, subject 
to appropriation.

(Source: P.A. 94-145, eff. 1-1-06.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.