Full Text of SB3932 102nd General Assembly
SB3932enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Missing Persons Identification Act is | 5 | | amended by changing Sections 15 and 20 as follows: | 6 | | (50 ILCS 722/15)
| 7 | | Sec. 15. Reporting of unidentified persons and human | 8 | | remains. | 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. |
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| 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 | 17 | | identification responsibilities. | 18 | | (a) In this Section, "assisting law enforcement agency" | 19 | | means a law enforcement agency with jurisdiction acting under | 20 | | the request and direction of the medical examiner or coroner | 21 | | to assist with human remains identification. | 22 | | (a-5) If the official with custody of the human remains is | 23 | | not a coroner or medical
examiner, the official shall | 24 | | immediately notify the coroner or medical examiner of the | 25 | | county in which the remains were found.
The coroner or medical |
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| 1 | | examiner shall go to the scene and take charge of the remains. | 2 | | (b) Notwithstanding any other action deemed appropriate | 3 | | for the handling of
the human remains, the assisting law | 4 | | enforcement agency, medical examiner, or coroner shall make | 5 | | reasonable attempts
to promptly identify human remains. This | 6 | | does not include historic or prehistoric skeletal remains. | 7 | | These actions shall include, but
are not limited to, obtaining | 8 | | the 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 | 20 | | shall dispose of, or engage in
actions that will materially | 21 | | affect the unidentified human remains before
the assisting law | 22 | | enforcement agency, medical examiner, or coroner obtains items | 23 | | essential for human identification efforts listed in | 24 | | subsection (b) of this Section.
| 25 | | (d) Cremation of unidentified human remains is prohibited. | 26 | | (e) (Blank).
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| 1 | | (f) The assisting law enforcement agency, medical | 2 | | examiner, or coroner shall seek support from appropriate State
| 3 | | and federal agencies, including National Missing and | 4 | | Unidentified Persons System resources to facilitate prompt | 5 | | identification of human remains. This
support may include, but | 6 | | is not limited to, fingerprint comparison; forensic | 7 | | odontology; nuclear or mitochondrial DNA analysis, or both; | 8 | | and forensic anthropology.
| 9 | | (f-5) Fingerprints from the unidentified remains, | 10 | | including partial prints, shall be submitted to the Illinois | 11 | | State Police or other resource for the purpose of attempting | 12 | | to identify the deceased. The coroner or medical examiner | 13 | | shall cause a dental examination to be performed by a forensic | 14 | | odontologist for the purpose of dental charting, comparison to | 15 | | missing person records, or both. Tissue samples collected for | 16 | | DNA analysis shall be submitted within 30 days of the recovery | 17 | | of the remains to a National Missing and Unidentified Persons | 18 | | System partner laboratory or other resource where DNA profiles | 19 | | are entered into the National DNA Index System upon completion | 20 | | of testing. Forensic anthropological analysis of the remains | 21 | | shall also be considered. | 22 | | (g) (Blank).
| 23 | | (g-2) The medical examiner or coroner shall report the | 24 | | unidentified human remains and the location where the remains | 25 | | were found to the Illinois State Police within 24 hours of | 26 | | discovery and then to the Federal Bureau of Investigation |
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| 1 | | within 72 hours of discovery if the remains are not identified | 2 | | as mandated by Section 15 of this Act. The assisting law | 3 | | enforcement agency, medical examiner, or coroner shall contact | 4 | | the Illinois State Police to request the creation of a | 5 | | National Crime Information Center Unidentified Person record | 6 | | within 5 days of the discovery of the remains. The assisting | 7 | | law enforcement agency, medical examiner, or coroner shall | 8 | | provide the Illinois State Police all information required for | 9 | | National Crime Information Center entry. Upon notification, | 10 | | the Illinois State Police shall create the Unidentified Person | 11 | | record without unnecessary delay. | 12 | | (g-5) The assisting law enforcement agency, medical | 13 | | examiner, or coroner shall obtain a National Crime Information | 14 | | Center number from the Illinois State Police to verify entry | 15 | | and maintain this number within the unidentified human remains | 16 | | case file. A National Crime Information Center Unidentified | 17 | | Person record shall remain on file indefinitely or until | 18 | | action is taken by the originating agency to clear or cancel | 19 | | the record. The assisting law enforcement agency, medical | 20 | | examiner, or coroner shall notify the Illinois State Police of | 21 | | necessary record modifications or cancellation if | 22 | | identification is made. | 23 | | (h) (Blank).
| 24 | | (h-5) The assisting law enforcement agency, medical | 25 | | examiner, or coroner shall create an unidentified person | 26 | | record in the National Missing and Unidentified Persons System |
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| 1 | | prior to the submission of samples or within 30 days of the | 2 | | discovery of the remains, if no identification has been made. | 3 | | The entry shall include all available case information | 4 | | including fingerprint data and dental charts. Samples shall be | 5 | | submitted to a National Missing and Unidentified Persons | 6 | | System partner laboratory for DNA analysis within 30 Days. A | 7 | | notation of DNA submission shall be made within the National | 8 | | Missing and Unidentified Persons System Unidentified Person | 9 | | record. | 10 | | (i) Nothing in this Act shall be interpreted to preclude | 11 | | any assisting law enforcement agency, medical examiner, | 12 | | coroner, or the Illinois State Police from pursuing other | 13 | | efforts to identify
human remains including efforts to | 14 | | publicize information, descriptions, or
photographs related to | 15 | | the investigation.
| 16 | | (j) For historic or prehistoric human skeletal remains | 17 | | determined by an anthropologist to be older than 100 years, | 18 | | jurisdiction shall be transferred to the Department of Natural | 19 | | Resources for further investigation under the Archaeological | 20 | | and Paleontological Resources Protection Act. | 21 | | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
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