(1) As used in this section, the following words shall have the meanings herein ascribed unless the context clearly requires otherwise:(a) “Forensic genetic genealogy testing” means the combination of laboratory testing, genetic genealogy, and law enforcement investigative techniques to develop investigate leads as to the identify of unidentified human remains. “Forensic genetic genealogy testing” includes developing genealogy DNA profiles consisting of one hundred thousand (100,000) or more markers that are compatible with multiple genealogy databases consented for law enforcement use.(b) “Missing person” means a person reported to a law enforcement agency as missing and unaccounted for from expected and normal activities. “Missing person” includes, but is not limited to, children under eighteen (18) years of age and those missing persons described in Sections 43-15-401 and 45-41-1.(c) “Unidentified person” means a person living or deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Medical Examiner in which the positive identity of the decedent cannot be established by the State Medical Examiner. “Unidentified person” includes unidentified human remains as defined in 41-61-53(l).
(a) “Forensic genetic genealogy testing” means the combination of laboratory testing, genetic genealogy, and law enforcement investigative techniques to develop investigate leads as to the identify of unidentified human remains. “Forensic genetic genealogy testing” includes developing genealogy DNA profiles consisting of one hundred thousand (100,000) or more markers that are compatible with multiple genealogy databases consented for law enforcement use.
(b) “Missing person” means a person reported to a law enforcement agency as missing and unaccounted for from expected and normal activities. “Missing person” includes, but is not limited to, children under eighteen (18) years of age and those missing persons described in Sections 43-15-401 and 45-41-1.
(c) “Unidentified person” means a person living or deceased who is unidentified after all available methods used to identify a person have been exhausted, including a decedent released to the State Medical Examiner in which the positive identity of the decedent cannot be established by the State Medical Examiner. “Unidentified person” includes unidentified human remains as defined in 41-61-53(l).
(2) (a) When a credible report of a missing person or unidentified person is received, a law enforcement agency shall initiate the following procedures upon receipt of the report, if possible, but no later than ten (10) days of receiving the missing person or unidentified person report:(i) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data. The requirements of this subparagraph (i) may be fulfilled by a law enforcement agency submitting the report to the National Crime Information Center (NCIC). The State Medical Examiner shall transfer the submitted data into the National Missing and Unidentified Persons System on behalf of the law enforcement agency;(ii) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. Records described under this subparagraph (ii) are considered confidential and shall not be released to the public;(iii) Utilize a CODIS approved buccal swab collection kit or similar and obtain voluntary DNA samples from appropriate family members to submit to the State Medical Examiner who shall coordinate submission of samples to a CODIS/NDIS participating laboratory for DNA testing and development of a full genetic profile, including, but not limited to, testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System, missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation’s National DNA Index System using the Combined DNA Index System. If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and(iv) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.(b) At the request of a law enforcement agency, any of the requirements of paragraph (a) of this subsection may be fulfilled by the State Medical Examiner of behalf of the law enforcement agency.
(a) When a credible report of a missing person or unidentified person is received, a law enforcement agency shall initiate the following procedures upon receipt of the report, if possible, but no later than ten (10) days of receiving the missing person or unidentified person report:(i) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data. The requirements of this subparagraph (i) may be fulfilled by a law enforcement agency submitting the report to the National Crime Information Center (NCIC). The State Medical Examiner shall transfer the submitted data into the National Missing and Unidentified Persons System on behalf of the law enforcement agency;(ii) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. Records described under this subparagraph (ii) are considered confidential and shall not be released to the public;(iii) Utilize a CODIS approved buccal swab collection kit or similar and obtain voluntary DNA samples from appropriate family members to submit to the State Medical Examiner who shall coordinate submission of samples to a CODIS/NDIS participating laboratory for DNA testing and development of a full genetic profile, including, but not limited to, testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System, missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation’s National DNA Index System using the Combined DNA Index System. If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and(iv) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.
(i) Submit the missing person or unidentified person case to the National Missing and Unidentified Persons System and to any database of missing persons or unidentified persons currently required by the law enforcement agency, providing all appropriate data. The requirements of this subparagraph (i) may be fulfilled by a law enforcement agency submitting the report to the National Crime Information Center (NCIC). The State Medical Examiner shall transfer the submitted data into the National Missing and Unidentified Persons System on behalf of the law enforcement agency;
(ii) Locate and obtain biometric records, including medical and dental records, medical and dental X-rays, or other medical imaging, and enter those records into the National Missing and Unidentified Persons System. Records described under this subparagraph (ii) are considered confidential and shall not be released to the public;
(iii) Utilize a CODIS approved buccal swab collection kit or similar and obtain voluntary DNA samples from appropriate family members to submit to the State Medical Examiner who shall coordinate submission of samples to a CODIS/NDIS participating laboratory for DNA testing and development of a full genetic profile, including, but not limited to, testing of mitochondrial DNA, short tandem repeats on the Y-chromosome, and nuclear analyses, to be documented in the National Missing and Unidentified Persons System, missing persons or unidentified persons file, and submitted to the Federal Bureau of Investigation’s National DNA Index System using the Combined DNA Index System. If necessary, the law enforcement agency may request assistance in obtaining family reference DNA samples; and
(iv) Attempt to locate any fingerprints from available resources and submit the fingerprints to the National Missing and Unidentified Persons System.
(b) At the request of a law enforcement agency, any of the requirements of paragraph (a) of this subsection may be fulfilled by the State Medical Examiner of behalf of the law enforcement agency.
(3) A law enforcement agency or the State Medical Examiner shall input the following data, if available for an unidentified person, into the National Missing and Unidentified Persons System:(a) Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8″ x 8″) or the equivalent digital image, including partial prints of any fingers;(b) Forensic dental report or radiology imaging;(c) Detailed personal descriptions;(d) Deoxyribonucleic acid (DNA) information;(e) Radiology imaging and medical data; and(f) All other identifying data, including date and place of death.
(a) Copies of fingerprints on standardized fingerprint cards measuring eight inches by eight inches (8″ x 8″) or the equivalent digital image, including partial prints of any fingers;
(b) Forensic dental report or radiology imaging;
(c) Detailed personal descriptions;
(d) Deoxyribonucleic acid (DNA) information;
(e) Radiology imaging and medical data; and
(f) All other identifying data, including date and place of death.
(4) (a) A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing.(b) A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation.
(a) A law enforcement agency shall not require a delay before accepting or investigating a report of a missing person when reliable information has been provided to the law enforcement agency that the person is missing.
(b) A law enforcement agency shall not mandate the appearance of a next of kin before initiating a missing persons investigation.
(5) (a) If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file.(b) The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be made available to appropriate law enforcement agencies and medical examiners attempting to identify unidentified persons.
(a) If a law enforcement agency receives a report of a missing person from another law enforcement agency or from a medical examiner, the law enforcement agency shall maintain a record of the case file.
(b) The information contained in a report of a missing person from another law enforcement agency or from a medical examiner shall be made available to appropriate law enforcement agencies and medical examiners attempting to identify unidentified persons.
(6) (a) A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child.(b) Notwithstanding the timeframe provided in subsection (2) of this section, upon receipt of a report of a missing child, a law enforcement agency shall enter the report into the National Missing and Unidentified Persons System without delay.
(a) A law enforcement agency shall not establish or maintain a policy that requires the observance of a waiting period before accepting and investigating a report of a missing child.
(b) Notwithstanding the timeframe provided in subsection (2) of this section, upon receipt of a report of a missing child, a law enforcement agency shall enter the report into the National Missing and Unidentified Persons System without delay.
(7) When a person previously reported missing has been found or when an unidentified person has been identified, the responsible law enforcement agency or the Department of Public Safety shall promptly inform the State Medical Examiner who shall report to the National Missing and Unidentified Persons System within five (5) days of the person being found.
(8) This section does not prohibit an authorized law enforcement agency or medical examiner from maintaining case files related to missing persons or unidentified bodies.
(9) Notwithstanding the timeframe provided in subsection (2)(a) of this section, after the State Medical Examiner has had possession of unidentified human remains for forty-five (45) days, the State Medical Examiner shall test the DNA using forensic genetic genealogy testing.
(10) The duties required under this section are in addition to any duties and procedures required of a law enforcement agency by Sections 43-15-401 and 45-41-1.