(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
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(3) on the basis that the person has been missing for |
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(4) on the basis that the person has been missing a |
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(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) 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 | |
(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 |
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(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 |
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(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 |
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(13) the missing person's social security number, if |
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(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 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 |
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(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 |
| 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: | |
(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); | |
(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. The Department of State Police shall establish procedures for determining how to prioritize analysis of the samples relating to missing person cases. | |
(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. 95‑192, eff. 8‑16‑07.) |
(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 |
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(B) the person is missing under suspicious |
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(C) the person is missing under unknown |
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(D) the person is missing under known dangerous |
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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 |
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(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 |
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(iv) the person is mentally impaired;
(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 eloped from a nursing |
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(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 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. 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. | |
(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 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. 95‑192, eff. 8‑16‑07; 96‑149, eff. 1‑1‑10.) |
(50 ILCS 722/20)
Sec. 20. Unidentified persons or human remains identification responsibilities.
(a) If the official with custody of 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 medical examiner or coroner shall make reasonable attempts to promptly identify human remains. These actions may include but are not limited to obtaining:
(1) photographs of the human remains (prior to an
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(2) dental or skeletal X‑rays;
(3) photographs of items found with the human |
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(4) fingerprints from the remains, if possible;
(5) samples of tissue suitable for DNA typing, if |
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(6) samples of whole bone or hair suitable for DNA |
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(7) any other information that may support |
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(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 medical examiner or coroner obtains: | |
(1) samples suitable for DNA identification, |
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(2) photographs of the unidentified person or human |
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(3) all other appropriate steps for identification |
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(d) Cremation of unidentified human remains is |
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(e) The medical examiner or coroner or the Department of |
| State Police 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. | |
(f) The medical examiner or coroner or the Department of |
| State Police shall seek support from appropriate State and federal agencies for human remains identification efforts. This support may include, but is not limited to, 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. | |
(g) The Department of State Police shall promptly enter |
| information in federal and State databases that may aid in the identification of human remains. Information shall be entered into federal databases as follows: | |
(1) information for the National Crime Information |
| Center shall be entered within 72 hours; | |
(2) DNA profiles and information shall be entered |
| into the National DNA Index System (NDIS) within 5 business days after the completion of the DNA analysis and procedures necessary for the entry of the DNA profile; and | |
(3) information sought by the Violent Criminal |
| Apprehension Program database shall be entered as soon as practicable. | |