103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3948 Introduced 5/8/2024, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: See Index Amends the Missing Persons Identification Act. Removes a provision allowing a law enforcement agency to attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission before 30 days after acceptance of a report. Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of any waiting period before accepting a missing person report. Removes provisions prohibiting refusal of acceptance of missing persons reports based on lack of personal knowledge or for any other reason. Adds provisions about multiple reports for the same missing person. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a missing person remains missing for 30 days after the date of report the law enforcement agency shall immediately (rather than may) generate a report of the missing person within the National Missing and Unidentified Persons System, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the information and materials are required to attempted to obtain. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to the reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency to obtain a biological (rather than DNA) sample from any individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes. LRB103 40607 AWJ 73246 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3948 Introduced 5/8/2024, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: See Index See Index Amends the Missing Persons Identification Act. Removes a provision allowing a law enforcement agency to attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission before 30 days after acceptance of a report. Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of any waiting period before accepting a missing person report. Removes provisions prohibiting refusal of acceptance of missing persons reports based on lack of personal knowledge or for any other reason. Adds provisions about multiple reports for the same missing person. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a missing person remains missing for 30 days after the date of report the law enforcement agency shall immediately (rather than may) generate a report of the missing person within the National Missing and Unidentified Persons System, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the information and materials are required to attempted to obtain. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to the reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency to obtain a biological (rather than DNA) sample from any individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes. LRB103 40607 AWJ 73246 b LRB103 40607 AWJ 73246 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3948 Introduced 5/8/2024, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Missing Persons Identification Act. Removes a provision allowing a law enforcement agency to attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission before 30 days after acceptance of a report. Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of any waiting period before accepting a missing person report. Removes provisions prohibiting refusal of acceptance of missing persons reports based on lack of personal knowledge or for any other reason. Adds provisions about multiple reports for the same missing person. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a missing person remains missing for 30 days after the date of report the law enforcement agency shall immediately (rather than may) generate a report of the missing person within the National Missing and Unidentified Persons System, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the information and materials are required to attempted to obtain. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to the reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency to obtain a biological (rather than DNA) sample from any individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes.
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A BILL FOR
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1 AN ACT concerning 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 5, 10, 20, and 25 as follows:
6 (50 ILCS 722/5)
7 Sec. 5. Missing person reports.
8 (a) Report acceptance. All law enforcement agencies shall
9 accept without delay any report of a missing person. No law
10 enforcement agency shall establish or maintain any policy that
11 requires the observance of any waiting period before accepting
12 a missing person report and may attempt to obtain a DNA sample
13 from the missing person or a DNA reference sample created from
14 family members' DNA samples for submission under paragraph (1)
15 of subsection (c) of Section 10. Acceptance of a missing
16 person report filed in person may not be refused on any ground.
17 No law enforcement agency may refuse to accept a missing
18 person report:
19 (1) on the basis that the missing person is an adult;
20 (2) on the basis that the circumstances do not
21 indicate foul play;
22 (3) on the basis that the person has been missing for a
23 short period of time;
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3948 Introduced 5/8/2024, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Missing Persons Identification Act. Removes a provision allowing a law enforcement agency to attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members' DNA samples for submission before 30 days after acceptance of a report. Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of any waiting period before accepting a missing person report. Removes provisions prohibiting refusal of acceptance of missing persons reports based on lack of personal knowledge or for any other reason. Adds provisions about multiple reports for the same missing person. Requires a law enforcement agency to notify a person responsible for the missing person's welfare, or other specified individuals, about specified efforts to locate a missing person. Provides that, if a missing person remains missing for 30 days after the date of report the law enforcement agency shall immediately (rather than may) generate a report of the missing person within the National Missing and Unidentified Persons System, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the information and materials are required to attempted to obtain. Modifies the definition of "high-risk missing person". Upon receipt of a missing person report (rather than immediately), requires the responding local law enforcement agency to enter all collected information relating to the missing person case in the Law Enforcement Agencies Data System and the National Crime Information Center. Makes other changes to the reporting requirements. Modifies requirements for submission of fingerprints from unidentified remains for analysis as well as other requirements relating identified human remains. Provides that an assisting law enforcement agency, medical examiner, coroner, and the Illinois State Police may not close an unidentified person case until the individual has been identified and must keep the case active. Requires the coroner, medical examiner, or assisting law enforcement agency to obtain a biological (rather than DNA) sample from any individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes.
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A BILL FOR
See Index
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1 (4) on the basis that the person has been missing a
2 long period of time;
3 (5) on the basis that there is no indication that the
4 missing person was in the jurisdiction served by the law
5 enforcement agency at the time of the disappearance;
6 (6) on the basis that the circumstances suggest that
7 the disappearance may be voluntary;
8 (7) (blank); on the basis that the reporting
9 individual does not have personal knowledge of the facts;
10 (8) on the basis that the reporting individual cannot
11 provide all of the information requested by the law
12 enforcement agency;
13 (9) on the basis that the reporting individual lacks a
14 familial or other relationship with the missing person; or
15 (9-5) on the basis of the missing person's mental
16 state or medical condition. ; or
17 (10) for any other reason.
18 (a-5) Multiple reports for same missing person. If the law
19 enforcement agency learns through investigation that a missing
20 person report has been filed by another law enforcement agency
21 for the same missing person and is under active investigation
22 by that agency and a missing person entry is active in the Law
23 Enforcement Agencies Data System (LEADS), then the law
24 enforcement agency may not draft an additional missing person
25 report but shall draft an informational report detailing the
26 interview of the reporting individual. The informational
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1 report shall be forwarded to the original law enforcement
2 agency handling the missing person case without delay.
3 (b) Manner of reporting. All law enforcement agencies
4 shall accept missing person reports in person. Law enforcement
5 agencies are encouraged to accept reports by phone or by
6 electronic or other media to the extent that such reporting is
7 consistent with law enforcement policies or practices.
8 (c) Contents of report. In accepting a report of a missing
9 person, the law enforcement agency shall attempt to gather
10 relevant information relating to the disappearance. The law
11 enforcement agency shall attempt to gather at the time of the
12 report information that shall include, but shall not be
13 limited to, the following:
14 (1) the name of the missing person, including
15 alternative names used;
16 (2) the missing person's date of birth;
17 (3) the missing person's identifying marks, such as
18 birthmarks, moles, tattoos, and scars;
19 (4) the missing person's height and weight;
20 (5) the missing person's gender;
21 (6) the missing person's race;
22 (7) the missing person's current hair color and true
23 or natural hair color;
24 (8) the missing person's eye color;
25 (9) the missing person's prosthetics, surgical
26 implants, or cosmetic implants;
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1 (10) the missing person's physical anomalies;
2 (11) the missing person's blood type, if known;
3 (12) the missing person's driver's license number, if
4 known;
5 (13) the missing person's social security number, if
6 known;
7 (14) a photograph of the missing person; recent
8 photographs are preferable and the agency is encouraged to
9 attempt to ascertain the approximate date the photograph
10 was taken;
11 (15) a description of the clothing the missing person
12 was believed to be wearing;
13 (16) a description of items that might be with the
14 missing person, such as jewelry, accessories, and shoes or
15 boots;
16 (17) information on the missing person's electronic
17 communications devices, such as cellular telephone numbers
18 and e-mail addresses;
19 (18) the reasons why the reporting individual believes
20 that the person is missing;
21 (19) the name and location of the missing person's
22 school or employer, if known;
23 (20) the name and location of the missing person's
24 dentist or primary care physician or provider, or both, if
25 known;
26 (21) any circumstances that may indicate that the
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1 disappearance was not voluntary;
2 (22) any circumstances that may indicate that the
3 missing person may be at risk of injury or death;
4 (23) a description of the possible means of
5 transportation of the missing person, including make,
6 model, color, license number, and Vehicle Identification
7 Number of a vehicle;
8 (24) any identifying information about a known or
9 possible abductor or person last seen with the missing
10 person, or both, including:
11 (A) name;
12 (B) a physical description;
13 (C) date of birth;
14 (D) identifying marks;
15 (E) the description of possible means of
16 transportation, including make, model, color, license
17 number, and Vehicle Identification Number of a
18 vehicle;
19 (F) known associates;
20 (25) any other information that may aid in locating
21 the missing person; and
22 (26) the date of last contact.
23 (d) Notification and follow up action.
24 (1) Notification. The law enforcement agency shall
25 notify the person making the report, a family member, a
26 person responsible for the missing person's welfare, or
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1 other person in a position to assist the law enforcement
2 agency in its efforts to locate the missing person of the
3 following:
4 (A) general information about the handling of the
5 missing person case or about intended efforts in the
6 case to the extent that the law enforcement agency
7 determines that disclosure would not adversely affect
8 its ability to locate or protect the missing person or
9 to apprehend or prosecute any person criminally
10 involved in the disappearance;
11 (B) that the person should promptly contact the
12 law enforcement agency if the missing person remains
13 missing in order to provide additional information and
14 materials that will aid in locating the missing person
15 such as the missing person's credit cards, debit
16 cards, banking information, and cellular telephone
17 records; and
18 (C) that any DNA samples provided for the missing
19 person case are provided on a voluntary basis and will
20 be used solely to help locate or identify the missing
21 person and will not be used for any other purpose.
22 The law enforcement agency, upon acceptance of a
23 missing person report, shall inform the reporting citizen
24 of one of 2 resources, based upon the age of the missing
25 person. If the missing person is under 18 years of age,
26 contact information for the National Center for Missing
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1 and Exploited Children shall be given. If the missing
2 person is age 18 or older, contact information for the
3 National Missing and Unidentified Persons System (NamUs)
4 organization shall be given.
5 The law enforcement agency is encouraged to make
6 available informational materials, through publications or
7 electronic or other media, that advise the public about
8 how the information or materials identified in this
9 subsection are used to help locate or identify missing
10 persons.
11 (2) Follow up action. If the person identified in the
12 missing person report remains missing for after 30 days
13 after the date of the report, but not more than 60 days,
14 the law enforcement agency shall immediately may generate
15 a report of the missing person within the National Missing
16 and Unidentified Persons System (NamUs), and the law
17 enforcement agency shall may attempt to obtain the
18 additional information and materials that have not been
19 received, specified below:
20 (A) additional photographs of the missing person
21 that may aid the investigation or identification of an
22 unidentified person, including photographs of the
23 missing person's scars, marks, and tattoos. All
24 photographs collected by law enforcement of the
25 missing person shall be added the National Missing and
26 Unidentified Persons System (NamUs) record. The law
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1 enforcement agency is not required to obtain written
2 authorization before it releases publicly a photograph
3 that would aid in the investigation or location of the
4 missing person DNA samples from family members or from
5 the missing person along with any needed
6 documentation, or both, including any consent forms,
7 required for the use of State or federal DNA
8 databases, including, but not limited to, the Local
9 DNA Index System (LDIS), State DNA Index System
10 (SDIS), National DNA Index System (NDIS), and National
11 Missing and Unidentified Persons System (NamUs)
12 partner laboratories;
13 (B) fingerprint records of the missing person from
14 a competent authority or from a criminal history
15 database, if available. The missing person's
16 fingerprint record shall be added to the missing
17 person entry in the Law Enforcement Agencies Data
18 System (LEADS) and the National Missing and
19 Unidentified Persons System (NamUs) on the 30th day
20 after the date of the report. The fingerprint records
21 may be used for direct comparison to the fingerprint
22 records of unidentified persons only an authorization
23 to release dental or skeletal x-rays of the missing
24 person;
25 (C) an authorization to release dental or skeletal
26 radiographs of the missing person any additional
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1 photographs of the missing person that may aid the
2 investigation or an identification; the law
3 enforcement agency is not required to obtain written
4 authorization before it releases publicly any
5 photograph that would aid in the investigation or
6 identification of the missing person;
7 (D) dental charts and radiographs of the missing
8 person, if available. The missing person's dental
9 record shall be added to the missing person entry in
10 the Law Enforcement Agencies Data System (LEADS) and
11 the National Missing and Unidentified Persons System
12 (NamUs) on the 30th day after the date of report. The
13 dental records may only be used for direct comparison
14 to the dental records of unidentified persons dental
15 information and x-rays; and
16 (E) biological samples from closely related family
17 members of the missing person or a biological sample
18 from the personal item of the missing person, along
19 with any consent forms, required for the entry of a DNA
20 profile in the Combined DNA Index System, including,
21 but not limited to, the Local DNA Index System (LDIS),
22 State DNA Index System (SDIS), and National DNA Index
23 System (NDIS) fingerprints.
24 (3) Biological samples Samples collected for DNA
25 analysis shall may be submitted to a National Missing and
26 Unidentified Persons System (NamUs) partner laboratory or
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1 other accredited laboratory resource where DNA profiles
2 are entered into local, State, and national DNA Index
3 Systems within 90 60 days from the date of the report. The
4 Illinois State Police laboratories shall establish
5 procedures for determining how to prioritize analysis of
6 the samples relating to missing person cases. All
7 biological DNA samples and subsequent DNA profiles
8 obtained in missing person cases from family members of
9 the missing person or personal items of the missing person
10 may not be retained after the location or identification
11 of the remains of the missing person unless there is a
12 search warrant signed by a court of competent
13 jurisdiction.
14 (4) This subsection shall not be interpreted to
15 preclude a law enforcement agency from attempting to
16 obtain the materials identified in this subsection before
17 the expiration of the specified periods. 30-day period.
18 The responsible law enforcement agency may make a National
19 Missing and Unidentified Persons System (NamUs) report on
20 the missing person within 60 days after the report of the
21 disappearance of the missing person.
22 (5) Law enforcement agencies are encouraged to
23 establish written protocols for the handling of missing
24 person cases to accomplish the purposes of this Act. Law
25 enforcement agencies may not close a missing person case
26 until the missing person has returned or been located,
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1 either alive or deceased. Law enforcement agencies shall
2 keep cases under active investigation until the person is
3 located or returned. Reasons for closing a missing person
4 case may not include exhaustion of leads and the life
5 expectancy of the missing person.
6 (Source: P.A. 101-266, eff. 1-1-21; 102-538, eff. 8-20-21.)
7 (50 ILCS 722/10)
8 Sec. 10. Law enforcement analysis and reporting of missing
9 person information.
10 (a) Prompt determination and definition of a high-risk
11 missing person.
12 (1) Definition. "High-risk missing person" means a
13 person whose whereabouts are not currently known and whose
14 circumstances indicate that the person may be at risk of
15 injury or death. The circumstances that indicate that a
16 person is a high-risk missing person include, but are not
17 limited to, any of the following:
18 (A) the person is missing as a result of a stranger
19 abduction;
20 (B) the person is missing under suspicious
21 circumstances;
22 (C) the person is missing under unknown
23 circumstances;
24 (D) the person is missing under known dangerous
25 circumstances;
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1 (E) the person is missing more than 30 days;
2 (F) the person has already been designated as a
3 high-risk missing person by another law enforcement
4 agency;
5 (G) there is evidence that the person is at risk
6 because:
7 (i) the person is in need of medical
8 attention, including but not limited to persons
9 with dementia-like symptoms, or prescription
10 medication;
11 (ii) the person does not have a pattern of
12 running away or disappearing;
13 (iii) the person may have been abducted by a
14 non-custodial parent;
15 (iv) the person is mentally impaired,
16 including, but not limited to, a person having a
17 developmental disability, as defined in Section
18 1-106 of the Mental Health and Developmental
19 Disabilities Code, or a person having an
20 intellectual disability, as defined in Section
21 1-116 of the Mental Health and Developmental
22 Disabilities Code;
23 (v) the person is under the age of 21;
24 (vi) the person has been the subject of past
25 threats or acts of violence;
26 (vii) the person has gone missing eloped from
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1 a facility licensed under the Nursing Home Care
2 Act nursing home;
3 (G-5) the person is a veteran or active duty
4 member of the United States Armed Forces, the National
5 Guard, or any reserve component of the United States
6 Armed Forces who is believed to have a physical or
7 mental health condition that is related to his or her
8 service; or
9 (H) any other factor that may, in the judgment of
10 the law enforcement official, indicate that the
11 missing person may be at risk.
12 (b) Law enforcement risk assessment.
13 (1) Upon initial receipt of a missing person report,
14 the law enforcement agency shall immediately determine
15 whether there is a basis to determine that the missing
16 person is a high-risk missing person.
17 (2) If a law enforcement agency has previously
18 determined that a missing person is not a high-risk
19 missing person, but obtains new information, it shall
20 immediately determine whether the information indicates
21 that the missing person is a high-risk missing person.
22 (3) Law enforcement agencies are encouraged to
23 establish written protocols for the handling of missing
24 person cases to accomplish the purposes of this Act.
25 (c) Law enforcement reporting.
26 (1) Upon receipt of a missing person report, the The
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1 responding local law enforcement agency shall immediately
2 enter all collected information relating to the missing
3 person case in the Law Enforcement Agencies Data System
4 (LEADS) and the National Crime Information Center (NCIC).
5 The database entries shall remain on file indefinitely or
6 until action is taken by the originating agency to clear
7 or cancel the record. In addition, if the missing person
8 remains missing for 30 days from the date of report, the
9 law enforcement agency shall immediately generate a report
10 of the missing person within the National Missing and
11 Unidentified Persons System (NamUs) databases and the
12 National Missing and Unidentified Persons System (NamUs)
13 within 45 days after the receipt of the report, or in the
14 case of a high risk missing person, within 30 days after
15 the receipt of the report. If the DNA sample submission is
16 to a National Missing and Unidentified Persons System
17 (NamUs) partner laboratory, the DNA profile may be
18 uploaded by the partner laboratory to the National DNA
19 Index System (NDIS). A packet submission of all relevant
20 reports and DNA samples may be sent to the National
21 Missing and Unidentified Persons System (NamUs) within 30
22 days for any high-risk missing person cases. The
23 information shall be provided in accordance with
24 applicable guidelines relating to the databases. The
25 information shall be entered as follows:
26 (A) If Illinois State Police laboratories are
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1 utilized in lieu of National Missing and Unidentified
2 Persons System (NamUs) partner laboratories, all
3 appropriate DNA profiles, as determined by the
4 Illinois State Police, shall be uploaded into the
5 appropriate index missing person databases of the
6 State DNA Index System (SDIS) and National DNA Index
7 System (NDIS) after completion of the DNA analysis and
8 other procedures required for database entry. The
9 responding local law enforcement agency may submit any
10 DNA samples voluntarily obtained from family members
11 to a National Missing and Unidentified Persons System
12 (NamUs) partner laboratory for DNA analysis within 90
13 30 days. A notation of DNA submission may be made
14 within the National Missing and Unidentified Persons
15 System (NamUs) record.
16 (B) If the missing person remains missing for 30
17 days from the date of report and if reporting
18 requirements for entry into Information relevant to
19 the Federal Bureau of Investigation's Violent Criminal
20 Apprehension Program are met, the law enforcement
21 agency shall enter the missing person case into the
22 Federal Bureau of Investigation's Violent Criminal
23 Apprehension Program database be entered as soon as
24 possible.
25 (C) The Illinois State Police shall ensure that
26 persons entering data relating to medical or dental
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1 records in State or federal databases are specifically
2 trained to understand and correctly enter the
3 information sought by these databases. The Illinois
4 State Police shall either use a person with specific
5 expertise in medical or dental records for this
6 purpose or consult with a chief medical examiner,
7 forensic anthropologist, or odontologist to ensure the
8 accuracy and completeness of information entered into
9 the State and federal databases.
10 (2) The Illinois State Police shall immediately notify
11 all law enforcement agencies within this State and the
12 surrounding region of the information that will aid in the
13 prompt location and safe return of the high-risk missing
14 person.
15 (3) The local law enforcement agencies that receive
16 the notification from the Illinois State Police shall
17 notify officers to be on the lookout for the missing
18 person or a suspected abductor.
19 (4) Pursuant to any applicable State criteria, local
20 law enforcement agencies shall also provide for the prompt
21 use of an Amber Alert in cases involving abducted
22 children; or use of the Endangered Missing Person Advisory
23 in appropriate high-risk missing person high risk cases.
24 (Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21;
25 102-538, eff. 8-20-21.)
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1 (50 ILCS 722/20)
2 Sec. 20. Unidentified persons or human remains
3 identification responsibilities.
4 (a) In this Section, "assisting law enforcement agency"
5 means a law enforcement agency with jurisdiction acting under
6 the request and direction of the medical examiner or coroner
7 to assist with human remains identification.
8 (a-5) If the official with custody of the human remains is
9 not a coroner or medical examiner, the official shall
10 immediately notify the coroner or medical examiner of the
11 county in which the remains were found. The coroner or medical
12 examiner shall go to the scene and take charge of the remains.
13 (b) Notwithstanding any other action deemed appropriate
14 for the handling of the human remains, the assisting law
15 enforcement agency, medical examiner, or coroner shall make
16 reasonable attempts to promptly identify human remains. This
17 does not include historic or prehistoric skeletal remains.
18 These actions shall include, but are not limited to, obtaining
19 the following when possible:
20 (1) photographs of the human remains (prior to an
21 autopsy);
22 (2) dental and skeletal radiographs X-rays;
23 (3) photographs of items found on or with the human
24 remains;
25 (4) fingerprints from the remains;
26 (5) tissue samples suitable for DNA analysis;
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1 (6) (blank); and
2 (7) any other information that may support
3 identification efforts.
4 (c) No medical examiner or coroner or any other person
5 shall dispose of, or engage in actions that will materially
6 affect the unidentified human remains before the assisting law
7 enforcement agency, medical examiner, or coroner obtains items
8 essential for human identification efforts listed in
9 subsection (b) of this Section.
10 (d) Cremation of unidentified human remains is prohibited.
11 (e) (Blank).
12 (f) The assisting law enforcement agency, medical
13 examiner, or coroner shall seek support from appropriate State
14 and federal agencies, including National Missing and
15 Unidentified Persons System resources to facilitate prompt
16 identification of human remains. This support may include, but
17 is not limited to, fingerprint comparison; forensic
18 odontology; nuclear or mitochondrial DNA analysis, or both;
19 and forensic anthropology.
20 (f-5) In this subsection, "local, State, and federal
21 automated fingerprint identification system databases"
22 includes:
23 (1) local criminal history repositories;
24 (2) the Illinois State Police Automated Biometric
25 Identification System (ABIS), both criminal and civil, and
26 any successor databases; and
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1 (3) the Next Generation Integrated Automated
2 Fingerprint Identification System (NGI) and other federal
3 fingerprint databases, including the Immigration,
4 Military, and Repository for Individuals of Special
5 Concern (RISC), and any successor databases.
6 Fingerprints from the unidentified remains, including
7 partial prints, shall be submitted for analysis within 7 days
8 of recovery of the remains by the assisting law enforcement
9 agency, medical examiner, or coroner to all local, State, and
10 federal automated fingerprint identification system databases,
11 and the submitting agency shall ensure fingerprints are
12 appropriately searched for identification purposes. It is the
13 responsibility of the submitting agency to ensure that all
14 these steps are accomplished in the above order and in their
15 entirety. If there are no matches at any of the aforementioned
16 local, State, or federal levels, the unidentified fingerprint
17 records shall be uploaded to the National Missing and
18 Unidentified Persons System (NamUs) on the 30th day after
19 recovery of the remains. If no matches are made on the local,
20 State, or federal level, the submitting agency may contact the
21 International Criminal Police Organization (INTERPOL) for
22 search through the automated fingerprint identification system
23 databases of member countries if remains are believed to have
24 an international nexus. If the fingerprint analysis does not
25 aid in the identification of the remains, then the assisting
26 law enforcement agency, coroner, or medical examiner shall
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1 cause a dental examination to be performed by a forensic
2 odontologist within 45 days of recovery of the remains for the
3 purpose of dental charting, direct comparison to missing
4 person dental records, and uploading to the National Crime
5 Information Center (NCIC) and National Missing and
6 Unidentified Persons System (NamUs). If the fingerprint and
7 dental analysis does not aid in the identification of the
8 remains, then blood, tissue, or bone samples from the
9 unidentified remains shall be submitted for DNA analysis
10 within 90 days of the recovery of the remains to a National
11 Missing and Unidentified Persons System (NamUs) partner
12 laboratory or other accredited laboratory where DNA profiles
13 are entered into the National DNA Index System upon completion
14 of testing. In the case of markedly decomposed or skeletal
15 remains, a forensic anthropological analysis of the remains
16 shall also be performed within 30 days from the recovery of the
17 remains.
18 Fingerprints from the unidentified remains, including
19 partial prints, shall be submitted to the Illinois State
20 Police or other resource for the purpose of attempting to
21 identify the deceased. The coroner or medical examiner shall
22 cause a dental examination to be performed by a forensic
23 odontologist for the purpose of dental charting, comparison to
24 missing person records, or both. Tissue samples collected for
25 DNA analysis shall be submitted within 30 days of the recovery
26 of the remains to a National Missing and Unidentified Persons
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1 System partner laboratory or other resource where DNA profiles
2 are entered into the National DNA Index System upon completion
3 of testing. Forensic anthropological analysis of the remains
4 shall also be considered.
5 (g) (Blank).
6 (g-2) The medical examiner or coroner shall report the
7 unidentified human remains and the location where the remains
8 were found to the Illinois State Police within 24 hours of
9 discovery and then to the Federal Bureau of Investigation
10 within 72 hours of discovery if the remains are not identified
11 as mandated by Section 15 of this Act. The assisting law
12 enforcement agency, medical examiner, or coroner shall contact
13 the Illinois State Police to request the creation of a
14 National Crime Information Center Unidentified Person record
15 within 5 days of the discovery of the remains. In the case of
16 markedly decomposed or skeletal remains, the creation of a
17 National Crime Information Center Unidentified Person record
18 shall be made upon receipt of the anthropological analysis
19 report. The assisting law enforcement agency, medical
20 examiner, or coroner shall provide the Illinois State Police
21 all information required for National Crime Information Center
22 entry. Upon notification, the Illinois State Police shall
23 create the Unidentified Person record without unnecessary
24 delay.
25 (g-5) The assisting law enforcement agency, medical
26 examiner, or coroner shall obtain a National Crime Information
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1 Center number from the Illinois State Police to verify entry
2 and maintain this number within the unidentified human remains
3 case file. A National Crime Information Center Unidentified
4 Person record shall remain on file indefinitely or until
5 action is taken by the originating agency to clear or cancel
6 the record. The assisting law enforcement agency, medical
7 examiner, or coroner shall notify the Illinois State Police of
8 necessary record modifications or cancellation if
9 identification is made.
10 (h) (Blank).
11 (h-5) The assisting law enforcement agency, medical
12 examiner, or coroner shall create an unidentified person
13 record in the National Missing and Unidentified Persons System
14 prior to the submission of samples and on the 30th day after or
15 within 30 days of the discovery of the remains, if no
16 identification has been made. The entry shall include all
17 available case information, including fingerprint data and
18 dental radiographs and charts. Samples shall be submitted to a
19 National Missing and Unidentified Persons System partner
20 laboratory for DNA analysis within 30 Days. A notation of DNA
21 submission shall be made within the National Missing and
22 Unidentified Persons System Unidentified Person record.
23 (i) Nothing in this Act shall be interpreted to preclude
24 any assisting law enforcement agency, medical examiner,
25 coroner, or the Illinois State Police from pursuing other
26 efforts to identify human remains including efforts to
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1 publicize information, descriptions, or photographs related to
2 the investigation. An assisting law enforcement agency,
3 medical examiner, coroner, and the Illinois State Police may
4 not close an unidentified person case until the individual has
5 been identified. Law enforcement agencies, medical examiners,
6 and coroners shall keep such cases under active investigation
7 until the person is identified. Reasons for closing an
8 unidentified person case may not include exhaustion of leads
9 and the life expectancy of the unidentified person's next of
10 kin.
11 (j) For historic or prehistoric human skeletal remains
12 determined by an anthropologist to be older than 100 years,
13 jurisdiction shall be transferred to the Department of Natural
14 Resources for further investigation under the Archaeological
15 and Paleontological Resources Protection Act.
16 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
17 102-869, eff. 1-1-23.)
18 (50 ILCS 722/25)
19 Sec. 25. Unidentified deceased persons. The coroner, or
20 medical examiner, or assisting law enforcement agency shall
21 obtain a biological DNA sample from any individual whose
22 remains are not identifiable. The biological DNA sample shall
23 be forwarded to a National Missing and Unidentified Persons
24 System partner laboratory or other accredited laboratory where
25 DNA profiles are entered into resource for analysis and
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1 inclusion in the National DNA Index System.
2 Prior to the burial or interment of any unknown
3 individual's remains or any unknown individual's body part,
4 the medical examiner or coroner in possession of the remains
5 or body part must assign a case DNA log number to the unknown
6 individual or body part. The medical examiner or coroner shall
7 place a stainless-steel tag that is stamped or inscribed with
8 the assigned case DNA log number on the individual or body part
9 and on the outside of the burial container. The DNA log number
10 shall be stamped on the unidentified individual's toe tag, if
11 possible.
12 (Source: P.A. 100-901, eff. 1-1-19.)
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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