HB 4348 — UNIDENTIFIED HUMAN REMAINS

HB4348 EngrossedEnrolled LRB100 17440 SLF 32608 b AN ACT concerning local government.

The Missing Persons Identification Act is amended by changing SectionSections 20 and 25 as follows:

(a) In this Section, "assisting law enforcement agency" means a local law enforcement agency responsiblewith for the jurisdiction inacting whichunder the humanrequest remainsand weredirection foundof orthe anymedical otherexaminer lawor enforcementcoroner agencyto assistingassist with thehuman investigationremains oridentification. identification efforts.

(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.

(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, medical examiner, or coroner shall make reasonable attempts to promptly identify human remains.

TheseThis actionsdoes maynot include buthistoric areor notprehistoric limitedskeletal toremains. obtaining:

These actions shall may include, but are not limited to, HB4348 EngrossedEnrolled - 2 - LRB100 17440 SLF 32608 b (1)obtaining photographs of the humanfollowing remainswhen (priorpossible: to an autopsy);

(2)(1) dentalphotographs orof skeletalthe X-rays;human remains (prior to an autopsy);

(3)(2) photographsdental ofand itemsor foundskeletal withX-rays; the human remains;

(3) photographs of items found on or with the human remains;

(5) samples of tissue samples suitable for DNA analysis typing, if possible;

(6) samples(blank); of whole bone or hair suitable for DNA typing, or both;

and samples of whole bone or hair suitable for DNA typing, or both;

(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 examinerexaminer, or coroner obtains:obtains items essential for human identification efforts listed in subsection (b) of this Section.

(e)HB4348 TheEnrolled medical- examiner3 or- coronerLRB100 or17440 theSLF Department32608 ofb State(e) Police(Blank). 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.

HB4348 Engrossed - 3 - LRB100 17440 SLF 32608 b (f) The medical examiner or coroner or the Department of State Police shall seekmake supportreasonable fromefforts appropriateto Stateobtain andprompt federalDNA agenciesanalysis forof biological samples if the human remains identificationhave efforts.not been identified by other means within 30 days.

This(f) supportThe mayassisting include,law butenforcement isagency, notmedical limitedexaminer, to,or availablecoroner mitochondrial or nuclearthe DNADepartment testing,of federalState grantsPolice forshall DNAseek testing,support orfrom appropriate State and federal grantsagencies, forincluding crimeNational laboratoryMissing orand medicalUnidentified examinerPersons orSystem coroner'sresources officeto improvement.facilitate prompt identification of human remains for human remains identification efforts.

(g)This Thesupport 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 aidinclude, inbut theis identificationnot oflimited humanto, remains.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 HB4348 Enrolled - 4 - LRB100 17440 SLF 32608 b 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.

and (3) information concerning the identification of human 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;practicable.

and.(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.

(4)The informationassisting concerninglaw missingenforcement personsagency, shallmedical beexaminer, enteredor intocoroner theshall Nationalcontact Missingthe andDepartment Unidentifiedof PersonsState HB4348Police Engrossedto -request 4the -creation LRB100of 17440an SLFNational 32608Crime bInformation SystemCenter createdUnidentified byPerson therecord Unitedwithin States5 Departmentdays of Justicethe (NamUs)discovery afterof 30the days.remains.

The assisting law enforcement agency, medical examiner, or coroner shall provide the Department of State Police all information HB4348 Enrolled - 5 - LRB100 17440 SLF 32608 b 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.

(i)(h-5) NothingThe inassisting thislaw Actenforcement shallagency, be interpreted to preclude any medical examinerexaminer, or coroner'scoroner office,shall thecreate Departmentan ofunidentified Stateperson Police,record orin athe localNational lawMissing enforcementand agencyUnidentified fromPersons pursuingSystem otherprior efforts to identifythe unidentifiedsubmission humanof remainssamples including efforts to publicize information, descriptions, or photographswithin that30 maydays aidof in the identificationdiscovery of the unidentified remains, allowif familyno membersidentification tohas identifybeen themade. missing person, and seek to protect the dignity of the missing person.

The entry HB4348 Enrolled - 6 - LRB100 17440 SLF 32608 b 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.