Full Text of HB4348 100th General Assembly
HB4348enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Missing Persons Identification Act is | 5 | | amended by changing Sections 20 and 25 as follows: | 6 | | (50 ILCS 722/20)
| 7 | | Sec. 20. Unidentified persons or human remains | 8 | | identification responsibilities. | 9 | | (a) In this Section, "assisting law enforcement agency" | 10 | | means a law enforcement agency with jurisdiction acting under | 11 | | the request and direction of the medical examiner or coroner to | 12 | | assist with human remains identification. | 13 | | (a-5) If the official with custody of the human remains is | 14 | | not a coroner or medical
examiner, the official shall | 15 | | 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 assisting law | 20 | | enforcement agency, medical examiner , or coroner shall make | 21 | | reasonable attempts
to promptly identify human remains. This | 22 | | does not include historic or prehistoric skeletal remains. | 23 | | These actions shall may include , but
are not limited to , |
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| 1 | | obtaining the following when possible :
| 2 | | (1) photographs of the human remains (prior to an | 3 | | autopsy); | 4 | | (2) dental and or skeletal X-rays; | 5 | | (3) photographs of items found on or with the human | 6 | | remains; | 7 | | (4) fingerprints from the remains , if possible ; | 8 | | (5) samples of tissue samples suitable for DNA analysis | 9 | | typing, if possible ; | 10 | | (6) (blank); and samples of whole bone or hair suitable | 11 | | for DNA typing, or both; | 12 | | (7) any other information that may support | 13 | | identification efforts. | 14 | | (c) No medical examiner or coroner or any other person | 15 | | shall dispose of, or engage in
actions that will materially | 16 | | affect the unidentified human remains before
the assisting law | 17 | | enforcement agency, medical examiner , or coroner obtains items | 18 | | essential for human identification efforts listed in | 19 | | subsection (b) of this Section. :
| 20 | | (1) samples suitable for DNA identification, | 21 | | archiving; | 22 | | (2) photographs of the unidentified person or human | 23 | | remains; and | 24 | | (3) all other appropriate steps for identification | 25 | | have been exhausted. | 26 | | (d) Cremation of unidentified human remains is prohibited. |
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| 1 | | (e) (Blank). The medical examiner or coroner or the
| 2 | | Department of State Police shall make reasonable efforts to | 3 | | obtain
prompt DNA analysis of biological samples if the human | 4 | | remains have
not been identified by other means within 30 days.
| 5 | | (f) The assisting law enforcement agency, medical | 6 | | examiner , or coroner or the
Department of State Police shall | 7 | | seek support from appropriate State
and federal agencies , | 8 | | including National Missing and Unidentified Persons System | 9 | | resources to facilitate prompt identification of human remains | 10 | | for human remains identification efforts . This
support may | 11 | | include, but is not limited to, fingerprint comparison; | 12 | | forensic odontology; nuclear or mitochondrial DNA analysis, or | 13 | | both; and forensic anthropology. available mitochondrial or
| 14 | | nuclear DNA testing, federal grants for DNA testing, or federal | 15 | | grants for
crime laboratory or medical examiner or coroner's | 16 | | office improvement.
| 17 | | (f-5) Fingerprints from the unidentified remains, | 18 | | including partial prints, shall be submitted to the Department | 19 | | of State Police or other resource for the purpose of attempting | 20 | | to identify the deceased. The coroner or medical examiner shall | 21 | | cause a dental examination to be performed by a forensic | 22 | | odontologist for the purpose of dental charting, comparison to | 23 | | missing person records, or both. Tissue samples collected for | 24 | | DNA analysis shall be submitted within 30 days of the recovery | 25 | | of the remains to a National Missing and Unidentified Persons | 26 | | System partner laboratory or other resource where DNA profiles |
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| 1 | | are entered into the National DNA Index System upon completion | 2 | | of testing. Forensic anthropological analysis of the remains | 3 | | shall also be considered. | 4 | | (g) (Blank). The Department of State Police
shall promptly | 5 | | enter information in federal and State
databases that may aid | 6 | | in the identification of human remains.
Information shall be | 7 | | entered into federal databases as follows:
| 8 | | (1) information for the National Crime Information | 9 | | Center shall be entered within 72
hours; | 10 | | (2) DNA profiles and information shall be entered into | 11 | | the National
DNA Index System (NDIS) within 5 business days | 12 | | after the
completion of the DNA analysis and procedures | 13 | | necessary for the
entry of the DNA profile; and | 14 | | (3) information sought by the Violent Criminal | 15 | | Apprehension
Program database shall be entered as soon as | 16 | | practicable.
| 17 | | (g-2) The medical examiner or coroner shall report the | 18 | | unidentified human remains and the location where the remains | 19 | | were found to the Department of State Police within 24 hours of | 20 | | discovery as mandated by Section 15 of this Act. The assisting | 21 | | law enforcement agency, medical examiner, or coroner shall | 22 | | contact the Department of State Police to request the creation | 23 | | of an National Crime Information Center Unidentified Person | 24 | | record within 5 days of the discovery of the remains. The | 25 | | assisting law enforcement agency, medical examiner, or coroner | 26 | | shall provide the Department of State Police all information |
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| 1 | | required for National Crime Information Center entry. Upon | 2 | | notification, the Department of State Police shall create the | 3 | | Unidentified Person record without unnecessary delay. | 4 | | (g-5) The assisting law enforcement agency, medical | 5 | | examiner, or coroner shall obtain a National Crime Information | 6 | | Center number from the Department of State Police to verify | 7 | | entry and maintain this number within the unidentified human | 8 | | remains case file. A National Crime Information Center | 9 | | Unidentified Person record shall remain on file indefinitely or | 10 | | until action is taken by the originating agency to clear or | 11 | | cancel the record. The assisting law enforcement agency, | 12 | | medical examiner, or coroner shall notify the Department of | 13 | | State Police of necessary record modifications or cancellation | 14 | | if identification is made. | 15 | | (h) (Blank). If the Department of State Police does not | 16 | | input the data directly into the
federal databases, the | 17 | | Department of State Police shall consult with
the medical | 18 | | examiner or coroner's office to ensure appropriate training of | 19 | | the data
entry personnel and the establishment of a quality | 20 | | assurance protocol for
ensuring the ongoing quality of data | 21 | | entered in the federal and State
databases.
| 22 | | (h-5) The assisting law enforcement agency, medical | 23 | | examiner, or coroner shall create an unidentified person record | 24 | | in the National Missing and Unidentified Persons System prior | 25 | | to the submission of samples or within 30 days of the discovery | 26 | | of the remains, if no identification has been made. The entry |
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| 1 | | shall include all available case information including | 2 | | fingerprint data and dental charts. Samples shall be submitted | 3 | | to a National Missing and Unidentified Persons System partner | 4 | | laboratory for DNA analysis within 30 Days. A notation of DNA | 5 | | submission shall be made within the National Missing and | 6 | | Unidentified Persons System Unidentified Person record. | 7 | | (i) Nothing in this Act shall be interpreted to preclude | 8 | | any assisting law enforcement agency, medical examiner , | 9 | | coroner or coroner's office , or the Department of State Police , | 10 | | or a local law
enforcement agency from pursuing other efforts | 11 | | to identify unidentified
human remains including efforts to | 12 | | publicize information, descriptions, or
photographs related to | 13 | | the investigation that may aid in the identification of the | 14 | | unidentified remains,
allow family members to identify the | 15 | | missing person, and seek to protect
the dignity of the missing | 16 | | person .
| 17 | | (j) For historic or prehistoric human skeletal remains | 18 | | determined by an anthropologist to be older than 100 years, | 19 | | jurisdiction shall be transferred to the Department of Natural | 20 | | Resources for further investigation under the Archaeological | 21 | | and Paleontological Resources Protection Act. | 22 | | (Source: P.A. 95-192, eff. 8-16-07.) | 23 | | (50 ILCS 722/25) | 24 | | Sec. 25. Unidentified persons. The coroner or medical | 25 | | examiner shall obtain a DNA sample from any individual whose |
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| 1 | | remains are not identifiable. The DNA sample shall be forwarded | 2 | | to a National Missing and Unidentified Persons System partner | 3 | | laboratory or other resource for analysis and inclusion in the | 4 | | National DNA Index System the Department of State Police for | 5 | | inclusion in the State and National DNA Databases . | 6 | | Prior to the burial or interment of any unknown | 7 | | individual's remains or any unknown individual's body part, the | 8 | | medical examiner or coroner in possession of the remains or | 9 | | body part must assign a DNA log number to the unknown | 10 | | individual or body part. The medical examiner or coroner shall | 11 | | place a tag that is stamped or inscribed with the DNA log | 12 | | number on the individual or body part. The DNA log number shall | 13 | | be stamped on the unidentified individual's toe tag, if | 14 | | possible.
| 15 | | (Source: P.A. 97-679, eff. 2-6-12.)
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