S T A T E O F N E W Y O R K
________________________________________________________________________
1603
2009-2010 Regular Sessions
I N S E N A T E
February 3, 2009
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to improving the ability
of law enforcement to locate and return missing persons, to improving
the identification of human remains, and to improving timely informa-
tion and notification to family members of missing persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Lori Ann's
law".
S 2. The executive law is amended by adding a new article 11-A to read
as follows:
ARTICLE 11-A
PROCEDURES FOR LAW ENFORCEMENT OFFICERS,
CORONERS/MEDICAL EXAMINERS AND OTHER GOVERNMENT
PERSONNEL RELATING TO MISSING PERSONS REPORTS
AND IDENTIFYING UNIDENTIFIED PERSONS/HUMAN REMAINS
SECTION 235. MISSING PERSON REPORTS.
236. LAW ENFORCEMENT ANALYSIS AND REPORTING OF MISSING PERSON
INFORMATION.
237. REPORTING OF UNIDENTIFIED PERSONS/HUMAN REMAINS.
238. UNIDENTIFIED PERSONS/HUMAN REMAINS IDENTIFICATION RESPONSI-
BILITIES.
S 235. MISSING PERSON REPORTS. 1. REPORT ACCEPTANCE. ALL LAW ENFORCE-
MENT AGENCIES WITHIN THE STATE SHALL ACCEPT WITHOUT DELAY ANY REPORT OF
A MISSING PERSON. ACCEPTANCE OF A MISSING PERSON REPORT MAY NOT BE
REFUSED ON ANY GROUND. NO LAW ENFORCEMENT AGENCY MAY REFUSE TO ACCEPT A
MISSING PERSONS REPORT ON THE BASIS THAT:
(A) THE MISSING PERSON IS AN ADULT;
(B) THE CIRCUMSTANCES DO NOT INDICATE FOUL PLAY;
(C) THE PERSON HAS BEEN MISSING FOR A SHORT PERIOD OF TIME;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03741-02-9
S. 1603 2
(D) THE PERSON HAS BEEN MISSING FOR A LONG PERIOD OF TIME;
(E) THERE IS NO INDICATION THAT THE MISSING PERSON WAS IN THE JURIS-
DICTION SERVED BY THE LAW ENFORCEMENT AGENCY AT THE TIME OF THE DISAP-
PEARANCE;
(F) THE CIRCUMSTANCES SUGGEST THAT THE DISAPPEARANCE MAY BE VOLUNTARY;
(G) THE PERSON REPORTING DOES NOT HAVE PERSONAL KNOWLEDGE OF THE
FACTS;
(H) THE REPORTING INDIVIDUAL CANNOT PROVIDE ALL OF THE INFORMATION
REQUESTED BY THE LAW ENFORCEMENT AGENCY;
(I) THE REPORTING PERSON LACKS A FAMILIAL OR OTHER RELATIONSHIP WITH
THE MISSING PERSON;
(J) OR FOR ANY OTHER REASON.
2. MANNER OF REPORTING. ALL LAW ENFORCEMENT AGENCIES SHALL ACCEPT
MISSING PERSON REPORTS IN PERSON. LAW ENFORCEMENT AGENCIES ARE ENCOUR-
AGED 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.
3. 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
NOT BE LIMITED TO, THE FOLLOWING:
(A) THE NAME OF THE MISSING PERSON (INCLUDING ALTERNATIVE NAMES USED);
(B) THE DATE OF BIRTH;
(C) IDENTIFYING MARKS (SUCH AS BIRTHMARKS, MOLES, TATTOOS, SCARS,
ETC.);
(D) HEIGHT AND WEIGHT;
(E) GENDER;
(F) RACE;
(G) CURRENT HAIR COLOR AND TRUE OR NATURAL HAIR COLOR;
(H) EYE COLOR;
(I) PROSTHETICS, SURGICAL IMPLANTS, OR COSMETIC IMPLANTS;
(J) PHYSICAL ANOMALIES;
(K) BLOOD TYPE (IF KNOWN);
(L) DRIVERS LICENSE NUMBER (IF KNOWN);
(M) SOCIAL SECURITY NUMBER (IF KNOWN);
(N) A PHOTOGRAPH OF THE MISSING PERSON (RECENT PHOTOGRAPHS ARE PREFER-
ABLE; THE AGENCY IS ENCOURAGED TO ATTEMPT TO ASCERTAIN THE APPROXIMATE
DATE THE PHOTOGRAPH WAS TAKEN);
(O) A DESCRIPTION OF THE CLOTHING THE MISSING PERSON WAS BELIEVED TO
BE WEARING;
(P) A DESCRIPTION OF ITEMS THAT MIGHT BE WITH THE MISSING PERSON
(JEWELRY, ACCESSORIES, SHOES OR BOOTS, ETC.);
(Q) INFORMATION ON MISSING PERSON'S ELECTRONIC COMMUNICATIONS DEVICES
SUCH AS BUT NOT LIMITED TO CELL PHONE NUMBERS, EMAIL ADDRESSES, ETC.;
(R) THE REASONS WHY THE REPORTING PERSON BELIEVES THAT THE PERSON IS
MISSING;
(S) NAME AND LOCATION OF MISSING PERSON'S SCHOOL OR EMPLOYER (IF
KNOWN);
(T) NAME AND LOCATION OF MISSING PERSON'S DENTIST AND/OR PRIMARY CARE
PHYSICIAN (IF KNOWN);
(U) ANY CIRCUMSTANCES THAT MAY INDICATE THAT THE DISAPPEARANCE WAS NOT
VOLUNTARY;
(V) ANY CIRCUMSTANCES THAT INDICATE THAT THE MISSING PERSON MAY BE AT
RISK OF INJURY OR DEATH;
S. 1603 3
(W) A DESCRIPTION OF THE POSSIBLE MEANS OF TRANSPORTATION OF THE MISS-
ING PERSON (INCLUDING MAKE, MODEL, COLOR, LICENSE, AND VIN OF A VEHI-
CLE);
(X) ANY IDENTIFYING INFORMATION ABOUT A KNOWN OR POSSIBLE ABDUCTOR
AND/OR PERSON LAST SEEN WITH THE MISSING PERSON INCLUDING:
(I) NAME;
(II) A PHYSICAL DESCRIPTION;
(III) DATE OF BIRTH;
(IV) IDENTIFYING MARKS;
(V) THE DESCRIPTION OF POSSIBLE MEANS OF TRANSPORTATION (INCLUDING
MAKE, MODEL, COLOR, LICENSE, AND VIN OF A VEHICLE);
(VI) KNOWN ASSOCIATES;
(Y) ANY OTHER INFORMATION THAT CAN AID IN LOCATING THE MISSING PERSON;
AND
(Z) DATE OF LAST CONTACT.
4. NOTIFICATION AND FOLLOW UP ACTION. (A) 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:
(I) OF 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, TO APPREHEND OR
PROSECUTE ANY PERSON CRIMINALLY INVOLVED IN THE DISAPPEARANCE;
(II) THAT THE PERSON MAKING THE REPORT OR OTHER NECESSARY PERSON
SHOULD PROMPTLY CONTACT THE LAW ENFORCEMENT AGENCY IF THE MISSING PERSON
REMAINS MISSING TO PROVIDE ADDITIONAL INFORMATION AND MATERIALS THAT
WILL AID IN LOCATING THE MISSING PERSON. THE LAW ENFORCEMENT AGENCY
SHOULD ALSO NOTIFY THE PERSON OF THE SPECIFIC INFORMATION OR MATERIALS
NEEDED SUCH AS CREDIT/DEBIT CARDS THE MISSING PERSON HAS ACCESS TO (AND
OTHER BANKING INFORMATION) AND RECORDS OF CELL PHONE USE;
(III) 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;
(IV) THE LAW ENFORCEMENT AGENCY IS ENCOURAGED TO MAKE AVAILABLE INFOR-
MATIONAL MATERIALS (THROUGH PUBLICATIONS OR ELECTRONIC OR OTHER MEDIA)
THAT ADVISE THE PUBLIC ABOUT HOW THE INFORMATION OR MATERIALS IDENTIFIED
IN THIS SUBDIVISION ARE USED TO HELP LOCATE OR IDENTIFY MISSING PERSONS.
(B) IF THE PERSON IDENTIFIED IN THE MISSING PERSON REPORT REMAINS
MISSING AFTER THIRTY DAYS, AND THE ADDITIONAL INFORMATION AND MATERIALS
SPECIFIED BELOW HAVE NOT BEEN RECEIVED, THE LAW ENFORCEMENT AGENCY SHALL
ATTEMPT TO OBTAIN:
(I) DNA SAMPLES FROM FAMILY MEMBERS AND/OR FROM THE MISSING PERSON
ALONG WITH ANY NEEDED DOCUMENTATION, INCLUDING ANY CONSENT FORMS,
REQUIRED FOR THE USE OF STATE OR FEDERAL DNA DATABASES INCLUDING BUT NOT
LIMITED TO THE LOCAL DNA DATABASE (LDIS), STATE DNA DATABASE (SDIS), AND
NATIONAL DNA DATABASE (NDIS);
(II) AN AUTHORIZATION TO RELEASE DENTAL OR SKELETAL X-RAYS OF THE
MISSING PERSON;
(III) ANY ADDITIONAL PHOTOGRAPHS OF THE MISSING PERSON THAT MAY AID
THE INVESTIGATION OR AN IDENTIFICATION. THE LAW ENFORCEMENT AGENCY SHALL
NOT BE REQUIRED TO OBTAIN WRITTEN AUTHORIZATION BEFORE IT RELEASES
PUBLICLY ANY PHOTOGRAPH THAT WOULD AID IN THE INVESTIGATION OR IDENTIFI-
CATION OF THE MISSING PERSON;
(IV) DENTAL INFORMATION AND X-RAYS; AND
(V) FINGERPRINTS.
S. 1603 4
(C) ALL DNA SAMPLES OBTAINED IN MISSING PERSON CASES SHALL BE IMME-
DIATELY FORWARDED TO THE STATE POLICE FOR ANALYSIS. THE STATE POLICE
SHOULD ESTABLISH PROCEDURES FOR DETERMINING HOW TO PRIORITIZE ANALYSIS
OF THE SAMPLES RELATING TO MISSING PERSONS CASES;
(D) INFORMATION RELEVANT TO THE FEDERAL BUREAU OF INVESTIGATION'S
VIOLENT CRIMINAL APPREHENSION PROGRAM SHALL BE ENTERED AS SOON AS POSSI-
BLE.
S 236. LAW ENFORCEMENT ANALYSIS AND REPORTING OF MISSING PERSON INFOR-
MATION. 1. PROMPT DETERMINATION OF HIGH-RISK MISSING PERSON. A
HIGH-RISK MISSING PERSON IS AN INDIVIDUAL WHOSE WHEREABOUTS IS NOT
CURRENTLY KNOWN AND THE CIRCUMSTANCES INDICATE THAT THE INDIVIDUAL MAY
BE AT RISK OF INJURY OR DEATH. THE CIRCUMSTANCES THAT INDICATE THAT AN
INDIVIDUAL IS A "HIGH-RISK MISSING PERSON" INCLUDE ANY OF THE FOLLOWING,
BUT ARE NOT LIMITED TO:
(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 THIRTY 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 MISSING IS IN NEED OF MEDICAL ATTENTION, OR
PRESCRIPTION MEDICATION;
(II) THE PERSON MISSING DOES NOT HAVE A PATTERN OF RUNNING AWAY OR
DISAPPEARING;
(III) THE PERSON MISSING MAY HAVE BEEN ABDUCTED BY A NON-CUSTODIAL
PARENT;
(IV) THE PERSON MISSING IS MENTALLY IMPAIRED;
(V) THE PERSON MISSING IS A PERSON UNDER THE AGE OF TWENTY-ONE;
(VI) THE PERSON MISSING HAS BEEN THE SUBJECT OF PAST THREATS OR ACTS
OF VIOLENCE.
(H) ANY OTHER FACTOR THAT MAY, IN THE JUDGMENT OF THE LAW ENFORCEMENT
OFFICIAL, DETERMINE 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 PERSON MISSING
IS A HIGH-RISK MISSING PERSON;
(B) IF A LAW ENFORCEMENT AGENCY HAS PREVIOUSLY DETERMINED THAT A MISS-
ING PERSON IS NOT A HIGH-RISK MISSING PERSON, BUT OBTAINS NEW INFORMA-
TION, IT SHALL IMMEDIATELY DETERMINE WHETHER THE INFORMATION PROVIDED TO
THE LAW ENFORCEMENT AGENCY INDICATES THAT THE PERSON MISSING IS A HIGH-
RISK MISSING PERSON;
(C) RISK ASSESSMENTS IDENTIFIED IN THIS PARAGRAPH SHALL BE PERFORMED
NO LATER THAN TWO HOURS AFTER THE INITIAL MISSING PERSON REPORT OR THE
NEW INFORMATION WAS PROVIDED TO THE LAW ENFORCEMENT AGENCY; AND
(D) LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ESTABLISH WRITTEN
PROTOCOLS FOR THE HANDLING OF MISSING PERSON CASES TO ACCOMPLISH THE
PURPOSE OF THIS ARTICLE.
3. LAW ENFORCEMENT AGENCY REPORTS. (A) WHEN THE LAW ENFORCEMENT AGENCY
DETERMINES THAT THE MISSING PERSON IS A HIGH-RISK MISSING PERSON IT
SHALL NOTIFY THE STATE POLICE. IT SHALL IMMEDIATELY PROVIDE TO THE STATE
POLICE THE INFORMATION MOST LIKELY TO AID IN THE LOCATION AND SAFE
RETURN OF THE HIGH-RISK MISSING PERSON. IT SHALL PROVIDE AS SOON AS
PRACTICABLE ALL OTHER INFORMATION OBTAINED RELATING TO THE MISSING
PERSON CASE;
S. 1603 5
(B) THE STATE POLICE SHALL PROMPTLY NOTIFY ALL LAW ENFORCEMENT AGEN-
CIES WITHIN THE STATE AND 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 WHO RECEIVED THE NOTIFICATION
FROM THE STATE POLICE SHALL NOTIFY OFFICERS TO "BE ON THE LOOK OUT" FOR
THE MISSING PERSON OR A SUSPECTED ABDUCTOR;
(D) THE RESPONDING LOCAL LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY
ENTER ALL COLLECTED INFORMATION RELATING TO THE MISSING PERSON CASE IN
AVAILABLE STATE AND FEDERAL DATABASES. IF THE RESPONDING LOCAL LAW
ENFORCEMENT AGENCY DOES NOT HAVE THE CAPABILITY TO ENTER THIS DATA
DIRECTLY IN THE STATE AND FEDERAL DATABASES, THE STATE POLICE SHALL
IMMEDIATELY ENTER ALL COLLECTED INFORMATION RELATING TO THE MISSING
PERSON CASE IN AVAILABLE STATE AND FEDERAL DATABASES. THE INFORMATION
SHALL BE PROVIDED IN ACCORDANCE WITH APPLICABLE GUIDELINES RELATING TO
THE DATABASES. THE INFORMATION SHALL BE ENTERED AS FOLLOWS:
(I) A MISSING PERSON REPORT IN HIGH-RISK MISSING PERSON CASES (AND
RELEVANT INFORMATION PROVIDED IN THE REPORT) SHALL BE ENTERED IN THE
NATIONAL CRIME INFORMATION CENTER DATABASE IMMEDIATELY, BY NO MORE THAN
TWO HOURS OF THE DETERMINATION THAT THE MISSING PERSON IS A HIGH-RISK
MISSING PERSON. ALL OTHER MISSING PERSON REPORTS (AND RELEVANT INFORMA-
TION PROVIDED IN THE REPORT) SHALL BE ENTERED WITHIN ONE DAY AFTER THE
MISSING PERSON REPORT IS RECEIVED. SUPPLEMENTAL INFORMATION IN HIGH-RISK
MISSING PERSON CASES SHOULD BE ENTERED AS SOON AS PRACTICABLE;
(II) ALL DNA PROFILES SHALL BE UPLOADED INTO THE MISSING PERSON DATA-
BASES 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;
(III) INFORMATION RELEVANT TO THE FEDERAL BUREAU OF INVESTIGATION'S
VIOLENT CRIMINAL APPREHENSION PROGRAM SHALL BE ENTERED AS SOON AS POSSI-
BLE.
(E) THE STATE POLICE SHALL ENSURE THAT PERSONS ENTERING DATA RELATING
TO MEDICAL OR DENTAL RECORDS IN STATE OR FEDERAL DATABASES ARE SPECIF-
ICALLY TRAINED TO UNDERSTAND AND CORRECTLY ENTER THE INFORMATION SOUGHT
BY THESE DATABASES. THE STATE POLICE ARE STRONGLY ENCOURAGED TO EITHER
USE PERSONS WITH SPECIFIC EXPERTISE IN MEDICAL OR DENTAL RECORDS FOR
THIS PURPOSE OR CONSULT WITH EXPERT MEDICAL EXAMINERS, FORENSIC ANTHRO-
POLOGISTS, OR ODONTOLOGISTS TO ENSURE THE ACCURACY AND COMPLETENESS OF
INFORMATION ENTERED INTO THE STATE AND FEDERAL DATABASES;
(F) PURSUANT TO ANY APPLICABLE STATE CRITERIA, LOCAL LAW ENFORCEMENT
AGENCIES SHOULD ALSO PROVIDE FOR THE PROMPT USE OF AN AMBER ALERT OR
PUBLIC DISSEMINATION OF PHOTOGRAPHS IN APPROPRIATE HIGH-RISK CASES.
S 237. REPORTING OF UNIDENTIFIED PERSONS/HUMAN REMAINS. 1. HANDLING OF
DEATH SCENE INVESTIGATIONS. (A) THE STATE POLICE SHALL PROVIDE INFORMA-
TION TO LOCAL LAW ENFORCEMENT AGENCIES ABOUT BEST PRACTICES FOR HANDLING
DEATH SCENE INVESTIGATIONS;
(B) THE STATE POLICE SHALL IDENTIFY ANY PUBLICATIONS OR TRAINING
OPPORTUNITIES THAT MAY BE AVAILABLE TO LOCAL LAW ENFORCEMENT AGENCIES OR
LAW ENFORCEMENT OFFICERS CONCERNING THE HANDLING OF DEATH SCENE INVESTI-
GATIONS.
2. LAW ENFORCEMENT REPORTS. (A) AFTER PERFORMING ANY DEATH SCENE
INVESTIGATION DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES, THE OFFICIAL
WITH CUSTODY OF THE HUMAN REMAINS SHALL ENSURE THAT THE HUMAN REMAINS
ARE DELIVERED TO THE APPROPRIATE CORONER OR MEDICAL EXAMINER;
S. 1603 6
(B) ANY PERSON WITH CUSTODY OF HUMAN REMAINS THAT ARE NOT IDENTIFIED
WITHIN TWENTY-FOUR HOURS OF DISCOVERY SHALL PROMPTLY NOTIFY THE STATE
POLICE OF THE LOCATION OF THOSE REMAINS;
(C) IF THE PERSON WITH CUSTODY OF REMAINS CANNOT DETERMINE WHETHER OR
NOT THE REMAINS FOUND ARE HUMAN, THEY SHALL NOTIFY THE STATE POLICE OF
THE EXISTENCE OF POSSIBLE HUMAN REMAINS.
S 238. UNIDENTIFIED PERSONS/HUMAN REMAINS IDENTIFICATION RESPONSIBIL-
ITIES. 1. IF THE OFFICIAL WITH CUSTODY OF THE HUMAN REMAINS IS NOT A
MEDICAL EXAMINER, THE OFFICIAL SHALL PROMPTLY TRANSFER THE UNIDENTIFIED
REMAINS TO THE APPROPRIATE MEDICAL EXAMINER QUALIFIED TO EXAMINE HUMAN
REMAINS FOR THE PURPOSE OF IDENTIFICATION WITH RESPONSIBILITY FOR SEEK-
ING TO DETERMINE THE IDENTITY OF THE HUMAN REMAINS.
2. NOTWITHSTANDING ANY OTHER ACTION DEEMED APPROPRIATE FOR THE HANDL-
ING OF THE HUMAN REMAINS, THE MEDICAL EXAMINER SHALL MAKE REASONABLE
ATTEMPTS TO PROMPTLY IDENTIFY HUMAN REMAINS. THESE ACTIONS MAY INCLUDE,
BUT NOT BE LIMITED TO, OBTAINING:
(A) PHOTOGRAPHS OF THE HUMAN REMAINS (PRIOR TO AN AUTOPSY);
(B) DENTAL OR SKELETAL X-RAYS;
(C) PHOTOGRAPHS OF ITEMS FOUND WITH THE HUMAN REMAINS;
(D) FINGERPRINTS FROM THE REMAINS (IF POSSIBLE);
(E) SAMPLES OF TISSUE SUITABLE FOR DNA TYPING (IF POSSIBLE);
(F) SAMPLES OF WHOLE BONE AND/OR HAIR SUITABLE FOR DNA TYPING;
(G) ANY OTHER INFORMATION THAT MAY SUPPORT IDENTIFICATION EFFORTS.
3. NO MEDICAL EXAMINER OR ANY OTHER PERSON SHALL DISPOSE OF, OR ENGAGE
IN ACTIONS THAT WILL MATERIALLY AFFECT THE UNIDENTIFIED HUMAN REMAINS
BEFORE THE MEDICAL EXAMINER OBTAINS:
(A) SAMPLES SUITABLE FOR DNA IDENTIFICATION, ARCHIVING;
(B) PHOTOGRAPHS OF THE UNIDENTIFIED PERSON/HUMAN REMAINS; AND
(C) ALL OTHER APPROPRIATE STEPS FOR IDENTIFICATION HAVE BEEN
EXHAUSTED.
4. CREMATION OF UNIDENTIFIED HUMAN REMAINS IS PROHIBITED.
5. THE MEDICAL EXAMINER, CORONER, OR THE 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
THIRTY DAYS.
6. A MEDICAL EXAMINER OR CORONER, DESIGNATED BY THE STATE POLICE SHALL
SEEK SUPPORT FROM APPROPRIATE STATE AND FEDERAL AGENCIES FOR HUMAN
REMAINS IDENTIFICATION EFFORTS. SUCH SUPPORT MAY INCLUDE, BUT SHALL NOT
BE LIMITED TO, AVAILABLE MITOCHONDRIAL OR NUCLEAR DNA TESTING, FEDERAL
GRANTS FOR DNA TESTING, OR FEDERAL GRANTS FOR CRIME LABORATORY OR
MEDICAL EXAMINER OFFICE IMPROVEMENT.
7. A MEDICAL EXAMINER DESIGNATED BY THE STATE POLICE SHALL PROMPTLY
ENTER INFORMATION IN FEDERAL AND STATE DATABASES THAT CAN AID IN THE
IDENTIFICATION OF MISSING PERSONS. INFORMATION SHALL BE ENTERED INTO
FEDERAL DATABASES AS FOLLOWS:
(A) INFORMATION FOR THE NATIONAL CRIME INFORMATION CENTER WITHIN TWEN-
TY-FOUR HOURS;
(B) DNA PROFILES AND INFORMATION SHALL BE ENTERED INTO THE NATIONAL
DNA INDEX SYSTEM (NDIS) WITHIN FIVE BUSINESS DAYS AFTER THE COMPLETION
OF THE DNA ANALYSIS AND PROCEDURES NECESSARY FOR THE ENTRY OF THE DNA
PROFILE; AND
(C) INFORMATION SOUGHT BY THE VIOLENT CRIMINAL APPREHENSION PROGRAM
DATABASE AS SOON AS PRACTICABLE.
8. IF MEDICAL EXAMINER OFFICE PERSONNEL DO NOT INPUT THE DATA DIRECTLY
INTO THE FEDERAL DATABASES, THE STATE POLICE SHALL CONSULT WITH THE
MEDICAL EXAMINERS OFFICE TO ENSURE APPROPRIATE TRAINING OF THE DATA
S. 1603 7
ENTRY PERSONNEL AND THE ESTABLISHMENT OF A QUALITY ASSURANCE PROTOCOL
FOR ENSURING THE ONGOING QUALITY OF DATA ENTERED IN THE FEDERAL AND
STATE DATABASES.
9. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO PRECLUDE ANY
MEDICAL EXAMINER OFFICE, THE STATE POLICE, OR A LOCAL LAW ENFORCEMENT
AGENCY FROM PURSUING OTHER EFFORTS TO IDENTIFY UNIDENTIFIED HUMAN
REMAINS INCLUDING EFFORTS TO PUBLICIZE INFORMATION, DESCRIPTIONS OR
PHOTOGRAPHS THAT MAY AID IN THE IDENTIFICATION OF THE UNIDENTIFIED
REMAINS, ALLOW FAMILY MEMBERS TO IDENTIFY MISSING PERSONS, AND SEEK TO
PROTECT THE DIGNITY OF THE MISSING PERSON.
S 3. This act shall take effect January 1, 2010.