Public Act 102-0869
 
SB3932 EnrolledLRB102 25803 AWJ 35138 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 15 and 20 as follows:
 
    (50 ILCS 722/15)

    Sec. 15. Reporting of unidentified persons and human 
remains.  
    (a) Handling of death scene investigations.
        (1) The Illinois State Police shall provide 
    information to local law enforcement agencies about best 
    practices for handling death scene investigations. 
        (2) The Illinois 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 Illinois State Police 
    of the location of those remains. A coroner or medical 
    examiner with custody of human remains that are not 
    identified within 72 hours of discovery shall promptly 
    notify the Federal Bureau of Investigation of the location 
    of those remains and the failure to identify the 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 Illinois State Police of the existence of possible 
    human remains. 

(Source: P.A. 102-538, eff. 8-20-21.)
 
    (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 include, but
are not limited to, obtaining 
the following when possible:

        (1) photographs of the human remains (prior to an 
    autopsy); 
        (2) dental and skeletal X-rays; 
        (3) photographs of items found on or with the human 
    remains; 
        (4) fingerprints from the remains; 
        (5) tissue samples suitable for DNA analysis; 
        (6) (blank); and 
        (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.

    (d) Cremation of unidentified human remains is prohibited. 
    (e) (Blank).

    (f) The assisting law enforcement agency, medical 
examiner, or coroner shall seek support from appropriate State

and federal agencies, including National Missing and 
Unidentified Persons System resources to facilitate prompt 
identification of human remains. This
support may include, but 
is not limited to, fingerprint comparison; forensic 
odontology; nuclear or mitochondrial DNA analysis, or both; 
and forensic anthropology.

    (f-5) Fingerprints from the unidentified remains, 
including partial prints, shall be submitted to the Illinois 
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).

    (g-2) The medical examiner or coroner shall report the 
unidentified human remains and the location where the remains 
were found to the Illinois State Police within 24 hours of 
discovery and then to the Federal Bureau of Investigation 
within 72 hours of discovery if the remains are not identified 
as mandated by Section 15 of this Act. The assisting law 
enforcement agency, medical examiner, or coroner shall contact 
the Illinois State Police to request the creation of a 
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 Illinois State Police all information required for 
National Crime Information Center entry.  Upon notification, 
the Illinois 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 Illinois 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 Illinois State Police of 
necessary record modifications or cancellation if 
identification is made. 
    (h) (Blank).

    (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 the Illinois State Police from pursuing other 
efforts to identify
human remains including efforts to 
publicize information, descriptions, or
photographs related to 
the investigation.


    (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. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)