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Public Act 102-0869


 

Public Act 0869 102ND GENERAL ASSEMBLY

  
  
  

 


 
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.)

Effective Date: 1/1/2023