AN ACT TO PROVIDE CERTAIN PROCEDURES FOR LAW ENFORCEMENT AGENCIES CONCERNING THE INVESTIGATION INTO A MISSING OR UNIDENTIFIED PERSON; TO REQUIRE A LAW ENFORCEMENT AGENCY TO INITIATE CERTAIN PROCEDURES UPON THE RECEIPT OF A CREDIBLE REPORT OF A MISSING OR UNIDENTIFIED PERSON; TO REQUIRE CERTAIN INFORMATION ABOUT THE MISSING OR UNIDENTIFIED PERSON TO BE ENTERED INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM; TO REQUIRE A LAW ENFORCEMENT AGENCY TO ENTER A REPORT OF A MISSING CHILD INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM WITHOUT DELAY; TO REQUIRE THE STATE MEDICAL EXAMINER TEST THE DNA OF UNIDENTIFIED HUMAN REMAINS USING FORENSIC GENETIC GENEALOGY TESTING; TO AMEND SECTION 41-61-53, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS "UNCLAIMED HUMAN REMAINS" AND "UNIDENTIFIED HUMAN REMAINS"; TO AMEND SECTION 41-61-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A BODY IS UNIDENTIFIED HUMAN REMAINS, THE BODY SHALL BE SUBMITTED TO THE STATE MEDICAL EXAMINER; TO AMEND SECTION 41-61-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON DISCOVERY, UNIDENTIFIED HUMAN REMAINS OR ANATOMICAL MATERIAL SUSPECTED OF BEING PART OF THE HUMAN BODY SHALL BE THE JURISDICTION OF THE STATE MEDICAL EXAMINER BY OPERATION OF LAW; TO PROVIDE THAT THE WILLFUL DESTRUCTION OF A BODY, BODY PART OR UNIDENTIFIED HUMAN REMAINS SHALL BE A FELONY; TO REQUIRE THE COUNTY MEDICAL EXAMINER INVESTIGATOR IN CONCERT WITH THE STATE MEDICAL EXAMINER TO ENTER INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM ALL UNCLAIMED HUMAN REMAINS CASES WITHIN A CERTAIN AMOUNT OF DAYS; TO AMEND SECTION 41-39-5, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY PHYSICIAN, HOSPITAL, FUNERAL DIRECTOR, EMBALMER, COUNTY MEDICAL EXAMINER OR OTHER PERSON ACQUIRING POSSESSION OF UNIDENTIFIED HUMAN REMAINS TO SUBMIT THE REMAINS TO THE STATE MEDICAL EXAMINER AND NOT SUBJECT THE REMAINS TO CREMATION, EMBALMING OR OTHER DESTRUCTIVE TREATMENT; TO AMEND SECTION 45-6-7, MISSISSIPPI CODE OF 1972, TO REVISE THE BOARD'S POWERS AND DUTIES TO INCLUDE INVESTIGATIVE AUTHORITY; AND FOR RELATED PURPOSES.
Impact
The bill amends several sections of the Mississippi Code to clarify definitions related to unclaimed and unidentified human remains, placing greater emphasis on the role of the State Medical Examiner. It specifies protocols for the timely testing of DNA from unidentified remains, using forensic genetic genealogy methods within a stipulated timeframe after the remains are obtained. This is likely to improve identification processes and may have a significant positive impact on the resolution of cases that have remained open for long periods due to lack of identification methods.
Summary
House Bill 685 outlines specific procedures for law enforcement agencies when dealing with investigations into missing or unidentified persons. The bill mandates that law enforcement must act promptly upon receiving credible reports of such cases. It requires that pertinent information regarding missing individuals is submitted to the National Missing and Unidentified Persons System, thereby enhancing the ability of law enforcement agencies to coordinate and expedite the resolution of these cases. Additionally, immediate action is mandated for missing children reports, which must be entered into the system without delay.
Contention
While the bill aims to streamline processes and enhance law enforcement capabilities, it has also faced scrutiny regarding the implications for individual rights and the potential for mishandling sensitive cases involving vulnerable populations. Critics argue that strict adherence to timelines might pressure law enforcement and medical examiners, possibly leading to oversights in the proper handling of evidence or the dignity of the deceased. Overall, the bill seeks to promote more stringent and systematic approaches to cases of missing and unidentified persons, reflecting a serious commitment by the state to tackle these critical issues effectively.