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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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LOCAL GOVERNMENT
(50 ILCS 722/) Missing Persons Identification Act.

50 ILCS 722/1

    (50 ILCS 722/1)
    Sec. 1. Short title. This Act may be cited as the Missing Persons Identification Act.
(Source: P.A. 95-192, eff. 8-16-07.)

50 ILCS 722/5

    (50 ILCS 722/5)
    Sec. 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.
(Source: P.A. 95-192, eff. 8-16-07.)

50 ILCS 722/10

    (50 ILCS 722/10)
    Sec. 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, including but not limited to persons with dementia-like symptoms, 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 use of the Endangered Missing Person Advisory in appropriate high risk cases.
(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)

50 ILCS 722/15

    (50 ILCS 722/15)
    Sec. 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.
(Source: P.A. 95-192, eff. 8-16-07.)

50 ILCS 722/20

    (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
    
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.
(Source: P.A. 95-192, eff. 8-16-07.)

50 ILCS 722/25

    (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 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.)

50 ILCS 722/95

    (50 ILCS 722/95)
    Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 95-192, eff. 8-16-07; text omitted.)

50 ILCS 722/99

    (50 ILCS 722/99)
    Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-192, eff. 8-16-07.)