Bill Text: IL HB2708 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Missing Persons Identification Act. Reinserts the provisions of the engrossed bill with these changes. Provides that the law enforcement agency may attempt to gather at the time of the missing person report: (1) a DNA sample of the missing person; and (2) a DNA reference sample created from family members DNA samples for submission to the Department of State Police or a National Missing and Unidentified Persons System (NamUs) partner laboratory. Provides that if the person identified in the missing person report remains missing after 30 days, but not more than 60 days, the law enforcement agency may generate a report of the missing person within NamUs, and the law enforcement agency may attempt to obtain the additional information and materials that have not been received. Provides that the law enforcement agency may attempt to obtain a DNA sample from the missing person or a DNA reference sample created from family members DNA samples for submission to the Department of State Police or a NamUs partner laboratory. Provides that samples collected for DNA analysis may be submitted to a NamUs partner laboratory or other resource where DNA profiles are entered into local, State, and national DNA Index Systems within 60 days (rather than immediately submitted to the Department of State Police for analysis). Provides that the responsible law enforcement agency may make a NamUs report on the missing person within 60 days after the report of the disappearance of the missing person. Makes other changes. Effective January 1, 2021.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0266 [HB2708 Detail]

Download: Illinois-2019-HB2708-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2708 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED:
50 ILCS 722/5
50 ILCS 722/10
Amends the Missing Persons Identification Act. Provides that, in the event that a missing person remains missing for 30 days after being identified in a missing person report, law enforcement may coordinate with partner laboratories of the National Missing and Unidentified Persons System. Provides that all DNA samples obtained in missing person cases shall be immediately forwarded to a National Missing and Unidentified Persons System partner laboratory within 30 days. Provides that DNA samples obtained from family members of missing persons shall not be retained after the location or identification of the remains of the missing person unless there is a search warrant. Provides that the responding local law enforcement agency shall submit a packet of all relevant reports and DNA samples to the National Missing and Unidentified Persons System within 30 days of collecting the information for any high-risk missing person cases and shall also submit any DNA samples voluntarily obtained from family members to a National Missing and Unidentified Persons System partner laboratory for DNA analysis within 30 Days. Effective immediately.
LRB101 10075 SLF 55178 b
A BILL FOR
HB2708 LRB101 10075 SLF 55178 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Missing Persons Identification Act is
amended by changing Sections 5 and 10 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. 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;
(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

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the disappearance may be voluntary;
(7) 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;
(9-5) on the basis of the missing person's mental state
or medical condition; or
(10) for any other reason.
(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

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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

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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

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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, 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;
(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

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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
Center for Missing Adults shall be given.
Agencies handling the remains of a missing person who
is deceased must notify the agency handling the missing
person's case. Documented efforts must be made to locate
family members of the deceased person to inform them of the
death and location of the remains of their family member.
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 after 30 days, and
the additional information and materials specified below
have not been received, the law enforcement agency shall
attempt to obtain:

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(A) 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), and National DNA Index System
(NDIS), and National Missing and Unidentified Persons
System partner laboratories;
(B) an authorization to release dental or skeletal
x-rays of the missing person;
(C) 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 information and x-rays; and
(E) fingerprints.
(3) All DNA samples obtained in missing person cases
shall be immediately forwarded to the Department of State
Police for analysis and to a National Missing and
Unidentified Persons System partner laboratory within 30
days. The Department of State Police shall establish
procedures for determining how to prioritize analysis of
the samples relating to missing person cases. All DNA
samples obtained in missing person cases from family

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members of the missing person shall 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 30-day period.
(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
(50 ILCS 722/10)
Sec. 10. Law enforcement analysis and reporting of missing
person information.
(a) Prompt determination of 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;

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(D) the person is missing under known dangerous
circumstances;
(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

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threats or acts of violence;
(vii) the person has eloped from a 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.
(2) Law enforcement risk assessment.
(A) 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.
(B) 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.
(C) Law enforcement agencies are encouraged to
establish written protocols for the handling of
missing person cases to accomplish the purposes of this

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Act.
(3) Law enforcement agency reports.
(A) 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) databases. A
packet submission of all relevant reports and DNA
samples shall be sent to the National Missing and
Unidentified Persons System 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:
(i) All appropriate DNA profiles, as
determined by the Department of State Police,
shall be uploaded into the 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 submit any DNA samples
voluntarily obtained from family members to a
National Missing and Unidentified Persons System
partner laboratory for DNA analysis within 30
days. A notation of DNA submission shall be made

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within the National Missing and Unidentified
Persons System Unidentified Person record.
(ii) Information relevant to the Federal
Bureau of Investigation's Violent Criminal
Apprehension Program shall be entered as soon as
possible.
(iii) The Department of State Police 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 Department of 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.
(B) The Department of 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.
(C) The local law enforcement agencies that
receive the notification from the Department of State
Police shall notify officers to be on the lookout for

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the missing person or a suspected abductor.
(D) 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 cases.
(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
100-835, eff. 1-1-19; revised 9-28-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.