Bill Amendment: IL HB4348 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: UNIDENTIFIED HUMAN REMAINS

Status: 2018-08-17 - Public Act . . . . . . . . . 100-0901 [HB4348 Detail]

Download: Illinois-2017-HB4348-House_Amendment_001.html

---

Rep. John Connor

Filed: 3/16/2018

10000HB4348ham001 LRB100 17440 SLF 34464 a
AMENDMENT TO HOUSE BILL 4348
AMENDMENT NO. ______. Amend House Bill 4348 by replacing
everything after the enacting clause with the following:
"Section 5. The Missing Persons Identification Act is
amended by changing Section 20 as follows:
(50 ILCS 722/20)
Sec. 20. Unidentified persons or human remains
identification responsibilities.
(a) In this Section, "assisting law enforcement agency"
means a local law enforcement agency responsible for the
jurisdiction in which the human remains were found or any other
law enforcement agency assisting with the investigation or
identification efforts. If the official with custody of 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

10000HB4348ham001 - 2 - LRB100 17440 SLF 34464 a
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 medical examiner or
coroner, with the help of the assisting law enforcement agency,
shall make reasonable attempts to promptly identify human
remains. These actions may include but are not limited to
obtaining:
(1) photographs of the human remains (prior to an
autopsy);
(2) dental or skeletal X-rays;
(3) photographs of items found with the human remains;
(4) fingerprints from the remains, if possible;
(5) samples of tissue suitable for DNA typing, if
possible;
(6) samples of whole bone or hair suitable for DNA
typing, or both;
(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 medical
examiner or coroner obtains:
(1) samples suitable for DNA identification,
archiving;
(2) photographs of the unidentified person or human
remains; and

10000HB4348ham001 - 3 - LRB100 17440 SLF 34464 a
(3) all other appropriate steps for identification
have been exhausted.
(d) Cremation of unidentified human remains is prohibited.
(e) The medical examiner or coroner or the Department of
State Police shall make reasonable efforts to obtain prompt DNA
analysis of biological samples if the human remains have not
been identified by other means within 30 days.
(f) The medical examiner or coroner or the Department of
State Police shall seek support from appropriate State and
federal agencies for human remains identification efforts.
This support may include, but is not limited to, available
mitochondrial or nuclear DNA testing, federal grants for DNA
testing, or federal grants for crime laboratory or medical
examiner or coroner's office improvement.
(g) The medical examiner or coroner with the help of the
assisting law enforcement agency Department of State Police
shall promptly enter information in federal and State databases
that may aid in the identification of human remains.
Information shall be entered into federal databases as follows:
(1) information for the National Crime Information
Center shall be entered within 72 hours;
(2) DNA profiles and information shall be entered into
the National DNA Index System (NDIS) within 5 business days
after the completion of the DNA analysis and procedures
necessary for the entry of the DNA profile; and
(3) information concerning the identification of human

10000HB4348ham001 - 4 - LRB100 17440 SLF 34464 a
remains shall be entered into the sought by National
Missing and Unidentified Persons System created by the
United States Department of Justice (NamUs) the Violent
Criminal Apprehension Program database shall be entered as
soon as practicable; and .
(4) information concerning missing persons shall be
entered into the National Missing and Unidentified Persons
System created by the United States Department of Justice
(NamUs) after 30 days.
(h) (Blank). If the Department of State Police does not
input the data directly into the federal databases, the
Department of State Police shall consult with the medical
examiner or coroner's office to ensure appropriate training of
the data entry personnel and the establishment of a quality
assurance protocol for ensuring the ongoing quality of data
entered in the federal and State databases.
(i) Nothing in this Act shall be interpreted to preclude
any medical examiner or coroner's office, the Department of
State Police, or a local law enforcement agency from pursuing
other efforts to identify unidentified human remains including
efforts to publicize information, descriptions, or photographs
that may aid in the identification of the unidentified remains,
allow family members to identify the missing person, and seek
to protect the dignity of the missing person.
(Source: P.A. 95-192, eff. 8-16-07.)".