SB2949sam001 104TH GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 2/26/2026

10400SB2949sam001 LRB104 19011 RTM 34710 a

AMENDMENT TO SENATE BILL 2949

AMENDMENT NO. ______. Amend Senate Bill 2949 on page 1, line 5, by replacing "Section 5" with "Sections 5, 10, 20, and 22"; and

on page 6, line 26, by replacing "immediate" with "immediate"; and

on page 7, line 4, by replacing "in order" with "in order"; and

on page 7, line 9, by replacing "DNA" with "biological DNA"; and

by replacing line 25 on page 9 through line 11 on page 11 with the following:

"(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 into in the Combined DNA Index System CODIS. If biological samples are not available from the missing person, then biological samples may be used from biological relatives of the missing person. Biological samples from relatives must be provided voluntarily, and all consent and information forms must be completed and submitted with the samples , 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 an accredited forensic laboratory for DNA testing for entry by a National DNA Index System (NDIS) participating laboratory 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 from 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.)

(50 ILCS 722/10)

Sec. 10. Law enforcement analysis and reporting of missing person information.

(a) Prompt determination and definition of a 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 60 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, including, but not limited to, a person having a developmental disability, as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code, or a person having an intellectual disability, as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code;

(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 gone missing from a facility licensed under the Nursing Home Care Act;

(G-5) the person is a veteran or active duty member of the United States Armed Forces, the National Guard, or any reserve component of the United States Armed Forces who is believed to have a physical or mental health condition that is related to his or her service; or

(H) any other factor that may, in the judgment of the law enforcement official, indicate that the missing person may be at risk.

(b) Law enforcement risk assessment.

(1) 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.

(2) 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.

(3) Law enforcement agencies are encouraged to establish written protocols for the handling of missing person cases to accomplish the purposes of this Act.

(c) Law enforcement reporting.

(1) Upon receipt of a missing person report, the responding local law enforcement agency shall 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). The database entries shall remain on file indefinitely or until action is taken by the originating agency to clear or cancel the record. In addition, if the missing person remains missing for 60 days after the date of the report, the law enforcement agency shall immediately generate a report of the missing person within the National Missing and Unidentified Persons System (NamUs) as required under paragraph (2) of subsection (d) of Section 5. The information shall be entered as follows:

(A) For Illinois State Police laboratories or other accredited forensic laboratories for DNA testing, all laboratories, all appropriate DNA profiles, as determined by the Illinois State Police, shall be uploaded into the missing person database appropriate index 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. The responding local law enforcement agency shall attempt to collect and submit any DNA samples voluntarily obtained from family members to an accredited forensic Combined DNA Index System (CODIS) laboratory for DNA testing for entry by a National DNA Index System (NDIS) participating laboratory analysis within 90 days from the date of the police report. A notation of DNA submission may be made within the National Missing and Unidentified Persons System (NamUs) record.

(B) If the missing person remains missing for 60 days from the date of the report and if reporting requirements for entry into the Federal Bureau of Investigation's Violent Criminal Apprehension Program are met, the law enforcement agency shall enter the missing person case into the Federal Bureau of Investigation's Violent Criminal Apprehension Program database.

(C) The Illinois State Police or other assigned law enforcement agency 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 Illinois 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.

(2) The Illinois 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.

(3) The local law enforcement agencies that receive the notification from the Illinois State Police shall notify officers to be on the lookout for the missing person or a suspected abductor.

(4) 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 missing person cases.

(Source: P.A. 104-339, eff. 1-1-26; revised 11-20-25.)

(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 radiographs;

(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) In this subsection, "local, State, and federal automated fingerprint identification system databases" includes:

(1) local criminal history repositories;

(2) the Illinois State Police Automated Biometric Identification System (ABIS), both criminal and civil, and any successor databases; and

(3) the Next Generation Integrated Automated Fingerprint Identification System (NGI) and other federal fingerprint databases, including immigration and military databases and the Repository for Individuals of Special Concern (RISC), and any successor databases.

It is the responsibility of the submitting agency to ensure the following steps are completed in the following order:

(1) Fingerprints from unidentified human remains, including partial prints, if any, shall be submitted for analysis within 7 days of recovery of the remains by the assisting law enforcement agency, medical examiner, or coroner to all local, State, and federal automated fingerprint identification system databases.

(2) The submitting agency shall ensure fingerprints are appropriately searched for identification purposes.

If there are no matches in any of the local, State, and federal automated fingerprint identification system databases, the unidentified fingerprint records shall be uploaded to the National Missing and Unidentified Persons System (NamUs) within 60 days after recovery of the remains. If no matches are made in the local, State, and federal automated fingerprint identification system databases, the submitting agency may contact the International Criminal Police Organization (INTERPOL) to search through the automated fingerprint identification system databases of member countries if remains are believed to have an international nexus. If the fingerprint analysis does not aid in the identification of the remains, then the assisting law enforcement agency, coroner, or medical examiner shall cause a dental examination to be performed by a forensic odontologist within 45 days of recovery of the remains for the purpose of dental charting, direct comparison to missing person dental records, and uploading to the National Crime Information Center (NCIC) and National Missing and Unidentified Persons System (NamUs). If the fingerprint and dental analysis does not aid in the identification of the remains, then blood, tissue, or bone samples from the unidentified remains shall be submitted for DNA analysis within 90 days of the recovery of the remains to a an Combined DNA Index System (CODIS) accredited forensic laboratory for DNA testing for entry by a National DNA Index System (NDIS) participating laboratory where DNA profiles are entered into the National DNA Index System upon completion of testing. In the case of markedly decomposed or skeletal remains, a forensic anthropological analysis of the remains, authorized by the coroner or medical examiner, shall also be performed within 60 days from the recovery and preparation of the remains for the analysis.

(g) (Blank).

(g-2) The medical examiner, or coroner shall cause the entry of a National Crime Information Center Unidentified Person record within 5 days of the discovery of the remains. In the case of markedly decomposed or skeletal remains, the creation of a National Crime Information Center (NCIC) Unidentified Person File shall be made upon receipt of the anthropological analysis report. The medical examiner or coroner shall provide the assisting law enforcement agency with all information required for the National Crime Information Center (NCIC) entry. Upon receipt of this information, the assisting law enforcement agency shall create the Unidentified Person record without unnecessary delay. In the case of markedly decomposed or skeletal remains, the creation of a National Crime Information Center (NCIC) Unidentified Person File shall be made upon receipt of the anthropological analysis report. If an anthropological analysis report determines the remains to be historic or prehistoric, then no NCIC entry is required.

(g-5) The medical examiner or coroner shall obtain a National Crime Information Center number from the assisting law enforcement agency 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 medical examiner or coroner shall notify the assisting law enforcement agency of necessary record modifications or cancellation if identification is made.

(h) (Blank).

(h-5) No later than 60 days following the discovery of the remains, the assisting law enforcement agency, medical examiner, or coroner shall create an unidentified person record in the National Missing and Unidentified Persons System if no identification has been made. The entry shall include all available case information, including fingerprint data and dental radiographs and charts. 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. An assisting law enforcement agency, a medical examiner, a coroner, or the Illinois State Police may not close an unidentified person case until the individual has been identified. Law enforcement agencies, medical examiners, and coroners shall keep such cases under active investigation until the person is identified. Reasons for closing an unidentified person case may not include exhaustion of leads or termination of the anticipated life span of the missing person's next of kin.

(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. 104-339, eff. 1-1-26; revised 11-20-25.)

(50 ILCS 722/25)

Sec. 25. Unidentified deceased persons. The coroner, medical examiner, or assisting law enforcement agency shall obtain a biological sample from any individual whose remains are not identifiable. The biological sample shall be forwarded to an accredited forensic laboratory for DNA testing for entry by a National DNA Index System (NDIS) participating Combined DNA Index System (CODIS) laboratory where eligible DNA profiles are entered into the Combined DNA Index System (CODIS) the appropriate State and National DNA Index System within 90 days from the discovery of the remains.

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 case number to the unknown individual or body part. The medical examiner or coroner shall place a stainless-steel tag that is stamped or inscribed with the assigned case number on the individual or body part and on the outside of the burial container.

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