Illinois General Assembly - Full Text of SB3932
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Full Text of SB3932  102nd General Assembly

SB3932 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3932

 

Introduced 1/21/2022, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 722/15
50 ILCS 722/20

    Amends the Missing Persons Identification Act. Provides that 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.


LRB102 25803 AWJ 35138 b

 

 

A BILL FOR

 

SB3932LRB102 25803 AWJ 35138 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Missing Persons Identification Act is
5amended by changing Sections 15 and 20 as follows:
 
6    (50 ILCS 722/15)
7    Sec. 15. Reporting of unidentified persons and human
8remains.
9    (a) Handling of death scene investigations.
10        (1) The Illinois State Police shall provide
11    information to local law enforcement agencies about best
12    practices for handling death scene investigations.
13        (2) The Illinois State Police shall identify any
14    publications or training opportunities that may be
15    available to local law enforcement agencies or law
16    enforcement officers and coroners and medical examiners
17    concerning the handling of death scene investigations.
18    (b) Law enforcement reports.
19        (1) Before performing any death scene investigation
20    deemed appropriate under the circumstances, the official
21    with custody of the human remains shall ensure that the
22    coroner or medical examiner of the county in which the
23    deceased was found has been notified.

 

 

SB3932- 2 -LRB102 25803 AWJ 35138 b

1        (2) Any coroner or medical examiner with custody of
2    human remains that are not identified within 24 hours of
3    discovery shall promptly notify the Illinois State Police
4    of the location of those remains. A coroner or medical
5    examiner with custody of human remains that are not
6    identified within 72 hours of discovery shall promptly
7    notify the Federal Bureau of Investigation of the location
8    of those remains and the failure to identify the remains.
9        (3) If the coroner or medical examiner with custody of
10    remains cannot determine whether or not the remains found
11    are human, the coroner or medical examiner shall notify
12    the Illinois State Police of the existence of possible
13    human remains.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    (50 ILCS 722/20)
16    Sec. 20. Unidentified persons or human remains
17identification responsibilities.
18    (a) In this Section, "assisting law enforcement agency"
19means a law enforcement agency with jurisdiction acting under
20the request and direction of the medical examiner or coroner
21to assist with human remains identification.
22    (a-5) If the official with custody of the human remains is
23not a coroner or medical examiner, the official shall
24immediately notify the coroner or medical examiner of the
25county in which the remains were found. The coroner or medical

 

 

SB3932- 3 -LRB102 25803 AWJ 35138 b

1examiner shall go to the scene and take charge of the remains.
2    (b) Notwithstanding any other action deemed appropriate
3for the handling of the human remains, the assisting law
4enforcement agency, medical examiner, or coroner shall make
5reasonable attempts to promptly identify human remains. This
6does not include historic or prehistoric skeletal remains.
7These actions shall include, but are not limited to, obtaining
8the following when possible:
9        (1) photographs of the human remains (prior to an
10    autopsy);
11        (2) dental and skeletal X-rays;
12        (3) photographs of items found on or with the human
13    remains;
14        (4) fingerprints from the remains;
15        (5) tissue samples suitable for DNA analysis;
16        (6) (blank); and
17        (7) any other information that may support
18    identification efforts.
19    (c) No medical examiner or coroner or any other person
20shall dispose of, or engage in actions that will materially
21affect the unidentified human remains before the assisting law
22enforcement agency, medical examiner, or coroner obtains items
23essential for human identification efforts listed in
24subsection (b) of this Section.
25    (d) Cremation of unidentified human remains is prohibited.
26    (e) (Blank).

 

 

SB3932- 4 -LRB102 25803 AWJ 35138 b

1    (f) The assisting law enforcement agency, medical
2examiner, or coroner shall seek support from appropriate State
3and federal agencies, including National Missing and
4Unidentified Persons System resources to facilitate prompt
5identification of human remains. This support may include, but
6is not limited to, fingerprint comparison; forensic
7odontology; nuclear or mitochondrial DNA analysis, or both;
8and forensic anthropology.
9    (f-5) Fingerprints from the unidentified remains,
10including partial prints, shall be submitted to the Illinois
11State Police or other resource for the purpose of attempting
12to identify the deceased. The coroner or medical examiner
13shall cause a dental examination to be performed by a forensic
14odontologist for the purpose of dental charting, comparison to
15missing person records, or both. Tissue samples collected for
16DNA analysis shall be submitted within 30 days of the recovery
17of the remains to a National Missing and Unidentified Persons
18System partner laboratory or other resource where DNA profiles
19are entered into the National DNA Index System upon completion
20of testing. Forensic anthropological analysis of the remains
21shall also be considered.
22    (g) (Blank).
23    (g-2) The medical examiner or coroner shall report the
24unidentified human remains and the location where the remains
25were found to the Illinois State Police within 24 hours of
26discovery and then to the Federal Bureau of Investigation

 

 

SB3932- 5 -LRB102 25803 AWJ 35138 b

1within 72 hours of discovery if the remains are not identified
2as mandated by Section 15 of this Act. The assisting law
3enforcement agency, medical examiner, or coroner shall contact
4the Illinois State Police to request the creation of a
5National Crime Information Center Unidentified Person record
6within 5 days of the discovery of the remains. The assisting
7law enforcement agency, medical examiner, or coroner shall
8provide the Illinois State Police all information required for
9National Crime Information Center entry. Upon notification,
10the Illinois State Police shall create the Unidentified Person
11record without unnecessary delay.
12    (g-5) The assisting law enforcement agency, medical
13examiner, or coroner shall obtain a National Crime Information
14Center number from the Illinois State Police to verify entry
15and maintain this number within the unidentified human remains
16case file. A National Crime Information Center Unidentified
17Person record shall remain on file indefinitely or until
18action is taken by the originating agency to clear or cancel
19the record. The assisting law enforcement agency, medical
20examiner, or coroner shall notify the Illinois State Police of
21necessary record modifications or cancellation if
22identification is made.
23    (h) (Blank).
24    (h-5) The assisting law enforcement agency, medical
25examiner, or coroner shall create an unidentified person
26record in the National Missing and Unidentified Persons System

 

 

SB3932- 6 -LRB102 25803 AWJ 35138 b

1prior to the submission of samples or within 30 days of the
2discovery of the remains, if no identification has been made.
3The entry shall include all available case information
4including fingerprint data and dental charts. Samples shall be
5submitted to a National Missing and Unidentified Persons
6System partner laboratory for DNA analysis within 30 Days. A
7notation of DNA submission shall be made within the National
8Missing and Unidentified Persons System Unidentified Person
9record.
10    (i) Nothing in this Act shall be interpreted to preclude
11any assisting law enforcement agency, medical examiner,
12coroner, or the Illinois State Police from pursuing other
13efforts to identify human remains including efforts to
14publicize information, descriptions, or photographs related to
15the investigation.
16    (j) For historic or prehistoric human skeletal remains
17determined by an anthropologist to be older than 100 years,
18jurisdiction shall be transferred to the Department of Natural
19Resources for further investigation under the Archaeological
20and Paleontological Resources Protection Act.
21(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)