Bill Text: IL SB3948 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Missing Persons Identification Act. Requires a law enforcement agency to attempt to obtain a biological sample from closely related family members of the missing person or a personal item of the missing person beginning 30 days after the date of the missing person report (rather than within 30 days after receipt of a report). Provides that a law enforcement agency may not establish or maintain a policy that requires the observance of a waiting period before accepting a missing person report. Modifies the circumstances under which a law enforcement agency may not refuse to accept a missing person report. 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 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 NamUs, and the law enforcement agency shall (rather than may) attempt to obtain specified information and materials that have not been received. Modifies the follow-up action required by a law enforcement agency after creation of a missing person report. 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 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, a medical examiner, a coroner, or 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 (rather than the coroner or medical examiner) to obtain a biological (rather than DNA) sample from an individual whose remains are not identifiable, and modifies how the sample may be analyzed and labeled. Makes other changes.

Spectrum: Strong Partisan Bill (Democrat 28-2)

Status: (Introduced) 2024-05-26 - Added as Co-Sponsor Sen. Cristina Castro [SB3948 Detail]

Download: Illinois-2023-SB3948-Introduced.html

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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
SB3948 LRB103 40607 AWJ 73246 b
AN ACT concerning 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 5, 10, 20, and 25 as follows:
(50 ILCS 722/5)
Sec. 5. Missing person reports.
(a) Report acceptance. All law enforcement agencies shall
accept without delay any report of a missing person. No law
enforcement agency shall establish or maintain any policy that
requires the observance of any waiting period before accepting
a missing person report and may attempt to obtain a DNA sample
from the missing person or a DNA reference sample created from
family members' DNA samples for submission under paragraph (1)
of subsection (c) of Section 10. Acceptance of a missing
person report filed in person may not be refused on any ground.
No law enforcement agency may refuse to accept a missing
person report:
(1) on the basis that the missing person is an adult;
(2) on the basis that the circumstances do not
indicate foul play;
(3) on the basis that the person has been missing for a
short period of time;

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(4) on the basis that the person has been missing a
long period of time;
(5) on the basis that there is no indication that the
missing person was in the jurisdiction served by the law
enforcement agency at the time of the disappearance;
(6) on the basis that the circumstances suggest that
the disappearance may be voluntary;
(7) (blank); on the basis that the reporting
individual does not have personal knowledge of the facts;
(8) on the basis that the reporting individual cannot
provide all of the information requested by the law
enforcement agency;
(9) on the basis that the reporting individual lacks a
familial or other relationship with the missing person; or
(9-5) on the basis of the missing person's mental
state or medical condition. ; or
(10) for any other reason.
(a-5) Multiple reports for same missing person. If the law
enforcement agency learns through investigation that a missing
person report has been filed by another law enforcement agency
for the same missing person and is under active investigation
by that agency and a missing person entry is active in the Law
Enforcement Agencies Data System (LEADS), then the law
enforcement agency may not draft an additional missing person
report but shall draft an informational report detailing the
interview of the reporting individual. The informational

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report shall be forwarded to the original law enforcement
agency handling the missing person case without delay.
(b) Manner of reporting. All law enforcement agencies
shall accept missing person reports in person. Law enforcement
agencies are encouraged to accept reports by phone or by
electronic or other media to the extent that such reporting is
consistent with law enforcement policies or practices.
(c) Contents of report. In accepting a report of a missing
person, the law enforcement agency shall attempt to gather
relevant information relating to the disappearance. The law
enforcement agency shall attempt to gather at the time of the
report information that shall include, but shall not be
limited to, the following:
(1) the name of the missing person, including
alternative names used;
(2) the missing person's date of birth;
(3) the missing person's identifying marks, such as
birthmarks, moles, tattoos, and scars;
(4) the missing person's height and weight;
(5) the missing person's gender;
(6) the missing person's race;
(7) the missing person's current hair color and true
or natural hair color;
(8) the missing person's eye color;
(9) the missing person's prosthetics, surgical
implants, or cosmetic implants;

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(10) the missing person's physical anomalies;
(11) the missing person's blood type, if known;
(12) the missing person's driver's license number, if
known;
(13) the missing person's social security number, if
known;
(14) a photograph of the missing person; recent
photographs are preferable and the agency is encouraged to
attempt to ascertain the approximate date the photograph
was taken;
(15) a description of the clothing the missing person
was believed to be wearing;
(16) a description of items that might be with the
missing person, such as jewelry, accessories, and shoes or
boots;
(17) information on the missing person's electronic
communications devices, such as cellular telephone numbers
and e-mail addresses;
(18) the reasons why the reporting individual believes
that the person is missing;
(19) the name and location of the missing person's
school or employer, if known;
(20) the name and location of the missing person's
dentist or primary care physician or provider, or both, if
known;
(21) any circumstances that may indicate that the

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disappearance was not voluntary;
(22) any circumstances that may indicate that the
missing person may be at risk of injury or death;
(23) a description of the possible means of
transportation of the missing person, including make,
model, color, license number, and Vehicle Identification
Number of a vehicle;
(24) any identifying information about a known or
possible abductor or person last seen with the missing
person, or both, including:
(A) name;
(B) a physical description;
(C) date of birth;
(D) identifying marks;
(E) the description of possible means of
transportation, including make, model, color, license
number, and Vehicle Identification Number of a
vehicle;
(F) known associates;
(25) any other information that may aid in locating
the missing person; and
(26) the date of last contact.
(d) Notification and follow up action.
(1) Notification. The law enforcement agency shall
notify the person making the report, a family member, a
person responsible for the missing person's welfare, or

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other person in a position to assist the law enforcement
agency in its efforts to locate the missing person of the
following:
(A) general information about the handling of the
missing person case or about intended efforts in the
case to the extent that the law enforcement agency
determines that disclosure would not adversely affect
its ability to locate or protect the missing person or
to apprehend or prosecute any person criminally
involved in the disappearance;
(B) that the person should promptly contact the
law enforcement agency if the missing person remains
missing in order to provide additional information and
materials that will aid in locating the missing person
such as the missing person's credit cards, debit
cards, banking information, and cellular telephone
records; and
(C) that any DNA samples provided for the missing
person case are provided on a voluntary basis and will
be used solely to help locate or identify the missing
person and will not be used for any other purpose.
The law enforcement agency, upon acceptance of a
missing person report, shall inform the reporting citizen
of one of 2 resources, based upon the age of the missing
person. If the missing person is under 18 years of age,
contact information for the National Center for Missing

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and Exploited Children shall be given. If the missing
person is age 18 or older, contact information for the
National Missing and Unidentified Persons System (NamUs)
organization shall be given.
The law enforcement agency is encouraged to make
available informational materials, through publications or
electronic or other media, that advise the public about
how the information or materials identified in this
subsection are used to help locate or identify missing
persons.
(2) Follow up action. If the person identified in the
missing person report remains missing for after 30 days
after the date of the report, but not more than 60 days,
the law enforcement agency shall immediately may generate
a report of the missing person within the National Missing
and Unidentified Persons System (NamUs), and the law
enforcement agency shall may attempt to obtain the
additional information and materials that have not been
received, specified below:
(A) additional photographs of the missing person
that may aid the investigation or identification of an
unidentified person, including photographs of the
missing person's scars, marks, and tattoos. All
photographs collected by law enforcement of the
missing person shall be added the National Missing and
Unidentified Persons System (NamUs) record. The law

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enforcement agency is not required to obtain written
authorization before it releases publicly a photograph
that would aid in the investigation or location of the
missing person DNA samples from family members or from
the missing person along with any needed
documentation, or both, including any consent forms,
required for the use of State or federal DNA
databases, including, but not limited to, the Local
DNA Index System (LDIS), State DNA Index System
(SDIS), National DNA Index System (NDIS), and National
Missing and Unidentified Persons System (NamUs)
partner laboratories;
(B) fingerprint records of the missing person from
a competent authority or from a criminal history
database, if available. The missing person's
fingerprint record shall be added to the missing
person entry in the Law Enforcement Agencies Data
System (LEADS) and the National Missing and
Unidentified Persons System (NamUs) on the 30th day
after the date of the report. The fingerprint records
may be used for direct comparison to the fingerprint
records of unidentified persons only an authorization
to release dental or skeletal x-rays of the missing
person;
(C) an authorization to release dental or skeletal
radiographs of the missing person any additional

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photographs of the missing person that may aid the
investigation or an identification; the law
enforcement agency is not required to obtain written
authorization before it releases publicly any
photograph that would aid in the investigation or
identification of the missing person;
(D) dental charts and radiographs of the missing
person, if available. The missing person's dental
record shall be added to the missing person entry in
the Law Enforcement Agencies Data System (LEADS) and
the National Missing and Unidentified Persons System
(NamUs) on the 30th day after the date of report. The
dental records may only be used for direct comparison
to the dental records of unidentified persons dental
information and x-rays; and
(E) biological samples from closely related family
members of the missing person or a biological sample
from the personal item of the missing person, along
with any consent forms, required for the entry of a DNA
profile in the Combined DNA Index System, including,
but not limited to, the Local DNA Index System (LDIS),
State DNA Index System (SDIS), and National DNA Index
System (NDIS) fingerprints.
(3) Biological samples Samples collected for DNA
analysis shall may be submitted to a National Missing and
Unidentified Persons System (NamUs) partner laboratory or

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other accredited laboratory resource where DNA profiles
are entered into local, State, and national DNA Index
Systems within 90 60 days from the date of the report. The
Illinois State Police laboratories shall establish
procedures for determining how to prioritize analysis of
the samples relating to missing person cases. All
biological DNA samples and subsequent DNA profiles
obtained in missing person cases from family members of
the missing person or personal items of the missing person
may not be retained after the location or identification
of the remains of the missing person unless there is a
search warrant signed by a court of competent
jurisdiction.
(4) This subsection shall not be interpreted to
preclude a law enforcement agency from attempting to
obtain the materials identified in this subsection before
the expiration of the specified periods. 30-day period.
The responsible law enforcement agency may make a National
Missing and Unidentified Persons System (NamUs) report on
the missing person within 60 days after the report of the
disappearance of the missing person.
(5) Law enforcement agencies are encouraged to
establish written protocols for the handling of missing
person cases to accomplish the purposes of this Act. Law
enforcement agencies may not close a missing person case
until the missing person has returned or been located,

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either alive or deceased. Law enforcement agencies shall
keep cases under active investigation until the person is
located or returned. Reasons for closing a missing person
case may not include exhaustion of leads and the life
expectancy of the missing person.
(Source: P.A. 101-266, eff. 1-1-21; 102-538, eff. 8-20-21.)
(50 ILCS 722/10)
Sec. 10. Law enforcement analysis and reporting of missing
person information.
(a) Prompt determination and definition of a high-risk
missing person.
(1) Definition. "High-risk missing person" means a
person whose whereabouts are not currently known and whose
circumstances indicate that the person may be at risk of
injury or death. The circumstances that indicate that a
person is a high-risk missing person include, but are not
limited to, any of the following:
(A) the person is missing as a result of a stranger
abduction;
(B) the person is missing under suspicious
circumstances;
(C) the person is missing under unknown
circumstances;
(D) the person is missing under known dangerous
circumstances;

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(E) the person is missing more than 30 days;
(F) the person has already been designated as a
high-risk missing person by another law enforcement
agency;
(G) there is evidence that the person is at risk
because:
(i) the person is in need of medical
attention, including but not limited to persons
with dementia-like symptoms, or prescription
medication;
(ii) the person does not have a pattern of
running away or disappearing;
(iii) the person may have been abducted by a
non-custodial parent;
(iv) the person is mentally impaired,
including, but not limited to, a person having a
developmental disability, as defined in Section
1-106 of the Mental Health and Developmental
Disabilities Code, or a person having an
intellectual disability, as defined in Section
1-116 of the Mental Health and Developmental
Disabilities Code;
(v) the person is under the age of 21;
(vi) the person has been the subject of past
threats or acts of violence;
(vii) the person has gone missing eloped from

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a facility licensed under the Nursing Home Care
Act nursing home;
(G-5) the person is a veteran or active duty
member of the United States Armed Forces, the National
Guard, or any reserve component of the United States
Armed Forces who is believed to have a physical or
mental health condition that is related to his or her
service; or
(H) any other factor that may, in the judgment of
the law enforcement official, indicate that the
missing person may be at risk.
(b) Law enforcement risk assessment.
(1) Upon initial receipt of a missing person report,
the law enforcement agency shall immediately determine
whether there is a basis to determine that the missing
person is a high-risk missing person.
(2) If a law enforcement agency has previously
determined that a missing person is not a high-risk
missing person, but obtains new information, it shall
immediately determine whether the information indicates
that the missing person is a high-risk missing person.
(3) Law enforcement agencies are encouraged to
establish written protocols for the handling of missing
person cases to accomplish the purposes of this Act.
(c) Law enforcement reporting.
(1) Upon receipt of a missing person report, the The

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responding local law enforcement agency shall immediately
enter all collected information relating to the missing
person case in the Law Enforcement Agencies Data System
(LEADS) and the National Crime Information Center (NCIC).
The database entries shall remain on file indefinitely or
until action is taken by the originating agency to clear
or cancel the record. In addition, if the missing person
remains missing for 30 days from the date of report, the
law enforcement agency shall immediately generate a report
of the missing person within the National Missing and
Unidentified Persons System (NamUs) databases and the
National Missing and Unidentified Persons System (NamUs)
within 45 days after the receipt of the report, or in the
case of a high risk missing person, within 30 days after
the receipt of the report. If the DNA sample submission is
to a National Missing and Unidentified Persons System
(NamUs) partner laboratory, the DNA profile may be
uploaded by the partner laboratory to the National DNA
Index System (NDIS). A packet submission of all relevant
reports and DNA samples may be sent to the National
Missing and Unidentified Persons System (NamUs) within 30
days for any high-risk missing person cases. The
information shall be provided in accordance with
applicable guidelines relating to the databases. The
information shall be entered as follows:
(A) If Illinois State Police laboratories are

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utilized in lieu of National Missing and Unidentified
Persons System (NamUs) partner laboratories, all
appropriate DNA profiles, as determined by the
Illinois State Police, shall be uploaded into the
appropriate index missing person databases of the
State DNA Index System (SDIS) and National DNA Index
System (NDIS) after completion of the DNA analysis and
other procedures required for database entry. The
responding local law enforcement agency may submit any
DNA samples voluntarily obtained from family members
to a National Missing and Unidentified Persons System
(NamUs) partner laboratory for DNA analysis within 90
30 days. A notation of DNA submission may be made
within the National Missing and Unidentified Persons
System (NamUs) record.
(B) If the missing person remains missing for 30
days from the date of report and if reporting
requirements for entry into Information relevant to
the Federal Bureau of Investigation's Violent Criminal
Apprehension Program are met, the law enforcement
agency shall enter the missing person case into the
Federal Bureau of Investigation's Violent Criminal
Apprehension Program database be entered as soon as
possible.
(C) The Illinois State Police shall ensure that
persons entering data relating to medical or dental

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records in State or federal databases are specifically
trained to understand and correctly enter the
information sought by these databases. The Illinois
State Police shall either use a person with specific
expertise in medical or dental records for this
purpose or consult with a chief medical examiner,
forensic anthropologist, or odontologist to ensure the
accuracy and completeness of information entered into
the State and federal databases.
(2) The Illinois State Police shall immediately notify
all law enforcement agencies within this State and the
surrounding region of the information that will aid in the
prompt location and safe return of the high-risk missing
person.
(3) The local law enforcement agencies that receive
the notification from the Illinois State Police shall
notify officers to be on the lookout for the missing
person or a suspected abductor.
(4) Pursuant to any applicable State criteria, local
law enforcement agencies shall also provide for the prompt
use of an Amber Alert in cases involving abducted
children; or use of the Endangered Missing Person Advisory
in appropriate high-risk missing person high risk cases.
(Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21;
102-538, eff. 8-20-21.)

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(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 radiographs 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;

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(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) In this subsection, "local, State, and federal
automated fingerprint identification system databases"
includes:
(1) local criminal history repositories;
(2) the Illinois State Police Automated Biometric
Identification System (ABIS), both criminal and civil, and
any successor databases; and

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(3) the Next Generation Integrated Automated
Fingerprint Identification System (NGI) and other federal
fingerprint databases, including the Immigration,
Military, and Repository for Individuals of Special
Concern (RISC), and any successor databases.
Fingerprints from the unidentified remains, including
partial prints, shall be submitted for analysis within 7 days
of recovery of the remains by the assisting law enforcement
agency, medical examiner, or coroner to all local, State, and
federal automated fingerprint identification system databases,
and the submitting agency shall ensure fingerprints are
appropriately searched for identification purposes. It is the
responsibility of the submitting agency to ensure that all
these steps are accomplished in the above order and in their
entirety. If there are no matches at any of the aforementioned
local, State, or federal levels, the unidentified fingerprint
records shall be uploaded to the National Missing and
Unidentified Persons System (NamUs) on the 30th day after
recovery of the remains. If no matches are made on the local,
State, or federal level, the submitting agency may contact the
International Criminal Police Organization (INTERPOL) for
search through the automated fingerprint identification system
databases of member countries if remains are believed to have
an international nexus. If the fingerprint analysis does not
aid in the identification of the remains, then the assisting
law enforcement agency, coroner, or medical examiner shall

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cause a dental examination to be performed by a forensic
odontologist within 45 days of recovery of the remains for the
purpose of dental charting, direct comparison to missing
person dental records, and uploading to the National Crime
Information Center (NCIC) and National Missing and
Unidentified Persons System (NamUs). If the fingerprint and
dental analysis does not aid in the identification of the
remains, then blood, tissue, or bone samples from the
unidentified remains shall be submitted for DNA analysis
within 90 days of the recovery of the remains to a National
Missing and Unidentified Persons System (NamUs) partner
laboratory or other accredited laboratory where DNA profiles
are entered into the National DNA Index System upon completion
of testing. In the case of markedly decomposed or skeletal
remains, a forensic anthropological analysis of the remains
shall also be performed within 30 days from the recovery of the
remains.
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

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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. In the case of
markedly decomposed or skeletal remains, the creation of a
National Crime Information Center Unidentified Person record
shall be made upon receipt of the anthropological analysis
report. 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

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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 and on the 30th day after 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 radiographs and 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

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publicize information, descriptions, or photographs related to
the investigation. 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. Law enforcement agencies, medical examiners,
and coroners shall keep such cases under active investigation
until the person is identified. Reasons for closing an
unidentified person case may not include exhaustion of leads
and the life expectancy of the unidentified person's next of
kin.
(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;
102-869, eff. 1-1-23.)
(50 ILCS 722/25)
Sec. 25. Unidentified deceased persons. The coroner, or
medical examiner, or assisting law enforcement agency shall
obtain a biological DNA sample from any individual whose
remains are not identifiable. The biological DNA sample shall
be forwarded to a National Missing and Unidentified Persons
System partner laboratory or other accredited laboratory where
DNA profiles are entered into resource for analysis and

SB3948 - 24 - LRB103 40607 AWJ 73246 b
inclusion in the National DNA Index System.
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 case DNA log number to the unknown
individual or body part. The medical examiner or coroner shall
place a stainless-steel tag that is stamped or inscribed with
the assigned case DNA log number on the individual or body part
and on the outside of the burial container. The DNA log number
shall be stamped on the unidentified individual's toe tag, if
possible.
(Source: P.A. 100-901, eff. 1-1-19.)
SB3948 - 25 - LRB103 40607 AWJ 73246 b
INDEX
Statutes amended in order of appearance