SF 2345

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; providing for handling of death scene investigations and
identification of remains; proposing coding for new law in Minnesota Statutes,
chapter 299A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN
REMAINS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Handling of Death Scene Investigations. new text end

new text begin (a) The Department of
Public Safety shall provide information to local law enforcement agencies about best
practices for handling death scene investigations.
new text end

new text begin (b) The Department of Public Safety 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 investigations.
new text end

new text begin Subd. 2. new text end

new text begin Law Enforcement Reports. new text end

new text begin (a) After performing any death scene
investigation considered appropriate under the circumstances, the official with custody of
the human remains shall ensure that the human remains are delivered to the appropriate
medical examiner.
new text end

new text begin (b) A person with custody of human remains that are not identified within 24 hours
of discovery shall promptly notify the Department of Public Safety of the location of
those remains.
new text end

new text begin (c) A person with custody of remains who cannot determine whether or not the
remains found are human shall notify the Department of Public Safety of the existence of
possible human remains.
new text end

Sec. 2.

new text begin [299A.86] IDENTIFICATION RESPONSIBILITIES.
new text end

new text begin (a) If an official with custody of human remains is not a medical examiner, the
official shall promptly transfer the unidentified remains to the appropriate medical
examiner with responsibility for seeking to determine the identity of the human remains.
new text end

new text begin (b) Notwithstanding any other action considered appropriate for the handling of the
human remains, the medical examiner shall make reasonable attempts to promptly identify
human remains. These actions may include, but are not limited to, obtaining:
new text end

new text begin (1) photographs of the human remains prior to an autopsy;
new text end

new text begin (2) dental or skeletal x-rays;
new text end

new text begin (3) photographs of items found with the human remains;
new text end

new text begin (4) fingerprints from the remains, if possible;
new text end

new text begin (5) samples of tissue suitable for DNA typing, if possible;
new text end

new text begin (6) samples of whole bone or hair, or both, suitable for DNA typing; and
new text end

new text begin (7) any other information that may support identification efforts.
new text end

new text begin (c) No medical examiner or other person shall dispose of or engage in actions that
will materially affect the unidentified human remains before the medical examiner obtains
samples suitable for DNA identification and archiving and photographs of the unidentified
person and human remains, and all other appropriate steps for identification have been
exhausted.
new text end

new text begin (d) Cremation of unidentified human remains is prohibited.
new text end

new text begin (e) The medical examiner, coroner, or Department of Public Safety 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.
new text end

new text begin (f) The medical examiner, coroner, or Department of Public Safety shall seek
support from appropriate state and federal agencies for human remains identification
efforts including, but not limited to, available mitochondrial or nuclear DNA testing,
federal grants for DNA testing, or federal grants for crime laboratory or medical examiner
office improvement.
new text end

new text begin (g) The Department of Public Safety shall promptly enter information in federal and
state databases that can aid in the identification of missing persons. Information must be
entered into federal databases as follows:
new text end

new text begin (1) information for the National Crime Information Center within 72 hours;
new text end

new text begin (2) DNA profiles and information 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
new text end

new text begin (3) information sought by the Violent Criminal Apprehension Program database as
soon as practicable.
new text end

new text begin (h) If medical examiner office personnel do not input the data directly into the federal
databases, the Department of Public Safety shall consult with the medical examiner's
office to ensure appropriate training of the data entry personnel and the establishment of a
quality assurance protocol for ensuring the ongoing quality of data entered in the federal
and state databases.
new text end

new text begin (i) Nothing in this section and section 299A.85 precludes a medical examiner office,
the Department of Public Safety, or a local law enforcement agency from pursuing other
efforts to:
new text end

new text begin (1) identify unidentified human remains, including efforts to publicize information,
descriptions, or photographs that may aid in the identification of the unidentified remains;
new text end

new text begin (2) allow family members to identify missing persons; and
new text end

new text begin (3) seek to protect the dignity of the missing persons.
new text end