Public Act 104-0339
 
SB0024 EnrolledLRB104 06956 RTM 16993 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-1) Law enforcement policy. Law enforcement agencies 
shall adopt a policy regarding missing person investigations 
and missing person reporting and follow-up actions. 
    (a-5) (a) Report acceptance. Law All law enforcement 
agencies shall accept without delay any report of a missing 
person 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. A No law 
enforcement agency may not establish or maintain a policy that 
requires the observance of a waiting period before accepting a 
missing person report, and it may not 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;
        (4) on the basis that the person has been missing for 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-10) 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 if 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 report shall be forwarded to the 
original law enforcement agency handling the missing person 
case without delay. A second or subsequent agency is not 
prohibited from entering a duplicate missing person report in 
LEADS; however, only one LEADS missing person report is 
required. Any existing LEADS missing person report may be 
modified by the originating agency to include additional or 
updated information. 
    (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; 
        (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 
    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.
    (c-5) Collection of evidence. Nothing prohibits the 
collection of photographs, documents, biological samples, 
dental charts, radiographs, or fingerprints at the start of a 
missing person investigation.
    (c-10) LEADS entry requirement. Using the information 
gathered in subsection (c) for the missing person report, the 
law enforcement agency shall immediately enter a missing 
person report in LEADS. 
    (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 
    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;
            (A-5) information regarding the collection of 
        documents and biological samples that could assist in 
        the identification of a missing person, including 
        dental charts and radiographs, medical records, 
        fingerprints, and biological samples from the person's 
        personal items or from the missing person's immediate 
        biological family members;
            (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 
    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 60 after 30 days 
    after the date of the report, but not more than 60 days, 
    then 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 
    all of the following 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 of the missing person that the law 
        enforcement agency collected shall be added to the 
        National Missing and Unidentified Persons System 
        (NamUs) record. The law 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. If a missing person remains 
        missing for 30 days after the date of the police 
        report, then the missing person's fingerprint record 
        shall be added to the missing person entry in the Law 
        Enforcement Agencies Data System (LEADS). If a missing 
        person remains missing for 60 days after the date of 
        the police report, then the missing person's 
        fingerprint record shall be entered in the National 
        Missing and Unidentified Persons System(NamUs). 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) (Blank). any additional 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. If a missing person remains 
        missing for 60 days after the date of the police report 
        and missing for 60 days after the date of the police 
        report in the National Missing and Unidentified 
        Persons System (NamUs), then the missing person's 
        dental record shall be added to the missing person 
        entry in the Law Enforcement Agencies Data System 
        (LEADS). The dental records may be used only 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 biological samples 
        from personal items 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, if any, shall may be submitted to a Combined DNA 
    Index System (CODIS) National Missing and Unidentified 
    Persons System (NamUs) partner laboratory or 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 police 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, if 
    any, 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, 
    either alive or deceased. Law enforcement agencies shall 
    keep cases under active investigation until the missing 
    person is located or returned. Reasons for closing a 
    missing person case may not include exhaustion of leads or 
    termination of the anticipated life span 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; 
            (E) the person is missing more than 60 days 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 
            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 
    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 60 days after 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) as required under 
    paragraph (2) of subsection (d) of Section 5 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) For If Illinois State Police laboratories or 
        other accredited laboratories, all are 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 shall attempt to collect and may 
        submit any DNA samples voluntarily obtained from 
        family members to an accredited Combined DNA Index 
        System (CODIS) a National Missing and Unidentified 
        Persons System (NamUs) partner laboratory for DNA 
        analysis within 90 30 days from the date of the police 
        report. 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 60 
        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 or other assigned 
        law enforcement agency shall ensure that persons 
        entering data relating to medical or dental 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.)
 
    (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; 
        (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
        (3) the Next Generation Integrated Automated 
    Fingerprint Identification System (NGI) and other federal 
    fingerprint databases, including immigration and military 
    databases and the Repository for Individuals of Special 
    Concern (RISC), and any successor databases. 
    It is the responsibility of the submitting agency to 
ensure the following steps are completed in the following 
order:
        (1) Fingerprints from unidentified human remains, 
    including partial prints, if any, 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.
        (2) The submitting agency shall ensure fingerprints 
    are appropriately searched for identification purposes.
    If there are no matches in any of the local, State, and 
federal automated fingerprint identification system databases, 
the unidentified fingerprint records shall be uploaded to the 
National Missing and Unidentified Persons System (NamUs) 
within 60 days after recovery of the remains. If no matches are 
made in the local, State, and federal automated fingerprint 
identification system databases, the submitting agency may 
contact the International Criminal Police Organization 
(INTERPOL) to 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 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 
Combined DNA Index System (CODIS) 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, authorized by the coroner or medical examiner, 
shall also be performed within 60 days from the recovery and 
preparation of the remains for the analysis. 
     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 
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 cause 
contact the Illinois State Police to request the entry 
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 (NCIC) 
Unidentified Person File shall be made upon receipt of the 
anthropological analysis report. The assisting law enforcement 
agency, medical examiner, or coroner shall provide the 
assisting law enforcement agency with the Illinois State 
Police all information required for the National Crime 
Information Center (NCIC) entry. Upon receipt of this 
information notification, the assisting law enforcement agency 
Illinois State Police shall create the Unidentified Person 
record without unnecessary delay. In the case of markedly 
decomposed or skeletal remains, the creation of a National 
Crime Information Center (NCIC) Unidentified Person File shall 
be made upon receipt of the anthropological analysis report. 
If an anthropological analysis report determines the remains 
to be historic or prehistoric, then no NCIC entry is required. 
    (g-5) The assisting law enforcement agency, medical 
examiner, or coroner shall obtain a National Crime Information 
Center number from the assisting law enforcement agency 
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 assisting law enforcement agency Illinois 
State Police of necessary record modifications or cancellation 
if identification is made. 
    (h) (Blank). 
    (h-5) No later than 60 days following the discovery of the 
remains, the 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 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 
publicize information, descriptions, or photographs related to 
the investigation. 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. 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 
or termination of the anticipated life span of the missing 
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 an accredited Combined DNA Index System 
(CODIS) laboratory where DNA profiles are entered into a 
National Missing and Unidentified Persons System partner 
laboratory or other resource for analysis and inclusion in the 
appropriate State and National DNA Index System within 90 days 
from the discovery of the remains.
    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.)