Illinois General Assembly - Full Text of SB2949

LRB104 19011 RTM 32456 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2949

Introduced 1/27/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

50 ILCS 722/5

Amends the Missing Persons Identification Act. Provides that, if a missing person remains missing for 30 days after the date of the police report (rather than 60 days after the date of the police report and missing for 60 days after the date of the police report in the National Missing and Unidentified Persons System (NamUs)), then the missing person's dental record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS). Provides that, if a missing person remains missing for 60 days after the date of the police report, then the missing person's dental record shall be entered in the National Missing and Unidentified Persons System (NamUs).

A BILL FOR

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 Section 5 as follows:

(50 ILCS 722/5)

Sec. 5. Missing person reports.

(a-1) Law enforcement policy. Law enforcement agencies shall adopt a policy regarding missing person investigations and missing person reporting and follow-up actions.

(a-5) Report acceptance. Law enforcement agencies shall accept without delay any report of a missing person. A law enforcement agency may not establish or maintain a policy that requires the observance of a waiting period before accepting a missing person report, and it may not 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 for 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) (blank);

(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

(9-5) on the basis of the missing person's mental state or medical condition.

(a-10) Multiple reports for same missing person. If the law enforcement agency learns through investigation that a missing person report has been filed by another law enforcement agency for the same missing person and is under active investigation by that agency and if a missing person entry is active in the Law Enforcement Agencies Data System (LEADS), then the law enforcement agency may not draft an additional missing person report but shall draft an informational report detailing the interview of the reporting individual. The informational report shall be forwarded to the original law enforcement agency handling the missing person case without delay. A second or subsequent agency is not prohibited from entering a duplicate missing person report in LEADS; however, only one LEADS missing person report is required. Any existing LEADS missing person report may be modified by the originating agency to include additional or updated information.

(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 provider, 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.

(c-5) Collection of evidence. Nothing prohibits the collection of photographs, documents, biological samples, dental charts, radiographs, or fingerprints at the start of a missing person investigation.

(c-10) LEADS entry requirement. Using the information gathered in subsection (c) for the missing person report, the law enforcement agency shall immediately enter a missing person report in LEADS.

(d) Notification and follow up action.

(1) Notification. The law enforcement agency shall notify the person making the report, a family member, a person responsible for the missing person's welfare, 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;

(A-5) information regarding the collection of documents and biological samples that could assist in the identification of a missing person, including dental charts and radiographs, medical records, fingerprints, and biological samples from the person's personal items or from the missing person's immediate biological family members;

(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 Missing and Unidentified Persons System (NamUs) organization shall be given.

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 missing person remains missing for 60 days after the date of the report, then the law enforcement agency shall immediately generate a report of the missing person within the National Missing and Unidentified Persons System (NamUs), and the law enforcement agency shall attempt to obtain all of the following additional information and materials that have not been received:

(A) Additional photographs of the missing person that may aid the investigation or identification of an unidentified person, including photographs of the missing person's scars, marks, and tattoos. All photographs of the missing person that the law enforcement agency collected shall be added to the National Missing and Unidentified Persons System (NamUs) record. The law enforcement agency is not required to obtain written authorization before it releases publicly a photograph that would aid in the investigation or location of the missing person.

(B) Fingerprint records of the missing person from a competent authority or from a criminal history database, if available. If a missing person remains missing for 30 days after the date of the police report, then the missing person's fingerprint record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS). If a missing person remains missing for 60 days after the date of the police report, then the missing person's fingerprint record shall be entered in the National Missing and Unidentified Persons System (NamUs). The fingerprint records may be used for direct comparison to the fingerprint records of unidentified persons only.

(C) (Blank).

(D) Dental charts and radiographs of the missing person, if available. If a missing person remains missing for 30 60 days after the date of the police report and missing for 60 days after the date of the police report in the National Missing and Unidentified Persons System (NamUs), then the missing person's dental record shall be added to the missing person entry in the Law Enforcement Agencies Data System (LEADS). If a missing person remains missing for 60 days after the date of the police report, then the missing person's dental record shall be entered in the National Missing and Unidentified Persons System (NamUs). The dental records may be used only for direct comparison to the dental records of unidentified persons only.

(E) Biological samples from closely related family members of the missing person or biological samples from personal items of the missing person, along with any consent forms, required for the entry of a DNA profile in the Combined DNA Index System, including, but not limited to, the Local DNA Index System (LDIS), State DNA Index System (SDIS), and National DNA Index System (NDIS).

(3) Biological samples collected for DNA analysis, if any, shall be submitted to a Combined DNA Index System (CODIS) or other accredited laboratory where DNA profiles are entered into local, State, and national DNA Index Systems within 90 days from the date of the police report. Illinois State Police laboratories shall establish procedures for determining how to prioritize analysis of the samples relating to missing person cases. All biological samples and subsequent DNA profiles, if any, obtained in missing person cases from family members of the missing person or personal items of the missing person may not be retained after the location or identification of the remains of the missing person unless there is a search warrant signed by a court of competent jurisdiction.

(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 specified periods.

(5) Law enforcement agencies are encouraged to establish written protocols for the handling of missing person cases to accomplish the purposes of this Act. Law enforcement agencies may not close a missing person case until the missing person has returned or been located, either alive or deceased. Law enforcement agencies shall keep cases under active investigation until the missing person is located or returned. Reasons for closing a missing person case may not include exhaustion of leads or termination of the anticipated life span of the missing person.

(Source: P.A. 104-339, eff. 1-1-26.)