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

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Bill Title: Amends the Missing Persons Identification Act. Provides that the responsible investigative agency shall send the National Missing and Unidentified Persons System created by the United States Department of Justice, if possible, with copies of fingerprints on standardized 8 inch by 8 inch fingerprint cards or the equivalent digital image, prints or partial prints of any fingers, a forensic odontology report concerning the body, detailed personal descriptions, DNA samples for nuclear and mitochondrial DNA analysis, available DNA analysis results, and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the coroner or medical examiner and who remain unidentified after all available methods have been exhausted. Provides that the medical examiner, coroner, or responsible investigative agency shall make reasonable attempts to promptly identify human remains. Defines "responsible investigative authority".

Sponsorship: Slight Partisan Bill (Democrat 6-3)

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

Download: Illinois-2017-HB4348-Chaptered.html

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Public Act 100-0901
HB4348 Enrolled LRB100 17440 SLF 32608 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 20 and 25 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 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 may include, but are not limited to,

obtaining the following when possible:
(1) photographs of the human remains (prior to an
autopsy);
(2) dental and or skeletal X-rays;
(3) photographs of items found on or with the human
remains;
(4) fingerprints from the remains, if possible;
(5) samples of tissue samples suitable for DNA analysis
typing, if possible;
(6) (blank); and 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 assisting law
enforcement agency, medical examiner, or coroner obtains items
essential for human identification efforts listed in
subsection (b) of this Section. :
(1) samples suitable for DNA identification,
archiving;
(2) photographs of the unidentified person or human
remains; and
(3) all other appropriate steps for identification
have been exhausted.
(d) Cremation of unidentified human remains is prohibited.

(e) (Blank). 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 assisting law enforcement agency, medical
examiner, or coroner or the Department of State Police shall
seek support from appropriate State and federal agencies,
including National Missing and Unidentified Persons System
resources to facilitate prompt identification of human remains
for human remains identification efforts. This support may
include, but is not limited to, fingerprint comparison;
forensic odontology; nuclear or mitochondrial DNA analysis, or
both; and forensic anthropology. 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.
(f-5) Fingerprints from the unidentified remains,
including partial prints, shall be submitted to the Department
of 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). The 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 sought by the Violent Criminal
Apprehension Program database shall be entered as soon as
practicable.
(g-2) The medical examiner or coroner shall report the
unidentified human remains and the location where the remains
were found to the Department of State Police within 24 hours of
discovery as mandated by Section 15 of this Act. The assisting
law enforcement agency, medical examiner, or coroner shall
contact the Department of State Police to request the creation
of an 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 Department of State Police all information

required for National Crime Information Center entry. Upon
notification, the Department of 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 Department of 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 Department of
State Police of necessary record modifications or cancellation
if identification is made.
(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.
(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 coroner's office, or 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 related to
the investigation 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.
(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. 95-192, eff. 8-16-07.)
(50 ILCS 722/25)
Sec. 25. Unidentified persons. The coroner or medical
examiner shall obtain a DNA sample from any individual whose

remains are not identifiable. The DNA sample shall be forwarded
to a National Missing and Unidentified Persons System partner
laboratory or other resource for analysis and inclusion in the
National DNA Index System the Department of State Police for
inclusion in the State and National DNA Databases.
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 DNA log number to the unknown
individual or body part. The medical examiner or coroner shall
place a tag that is stamped or inscribed with the DNA log
number on the individual or body part. The DNA log number shall
be stamped on the unidentified individual's toe tag, if
possible.
(Source: P.A. 97-679, eff. 2-6-12.)