Missing or unidentified persons; create procedures regarding investigation of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 685

AN ACT TO PROVIDE CERTAIN PROCEDURES FOR LAW ENFORCEMENT 1
AGENCIES CONCERNING THE INVESTIGATION INTO A MISSING OR 2
UNIDENTIFIED PERSON; TO REQUIRE A LAW ENFORCEMENT AGENCY TO 3
INITIATE CERTAIN PROCEDURES UPON THE RECEIPT OF A CREDIBLE REPORT 4
OF A MISSING OR UNIDENTIFIED PERSON; TO REQUIRE CERTAIN 5
INFORMATION ABOUT THE MISSING OR UNIDENTIFIED PERSON TO BE ENTERED 6
INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM; TO 7
REQUIRE A LAW ENFORCEMENT AGENCY TO ENTER A REPORT OF A MISSING 8
CHILD INTO THE NATIONAL MISSING AND UNIDENTIFIED PERSONS SYSTEM 9
WITHOUT DELAY; TO REQUIRE THE STATE MEDICAL EXAMINER TEST THE DNA 10
OF UNIDENTIFIED HUMAN REMAINS USING FORENSIC GENETIC GENEALOGY 11
TESTING; TO AMEND SECTION 41-61-53, MISSISSIPPI CODE OF 1972, TO 12
DEFINE THE TERMS "UNCLAIMED HUMAN REMAINS" AND "UNIDENTIFIED HUMAN 13
REMAINS"; TO AMEND SECTION 41-61-59, MISSISSIPPI CODE OF 1972, TO 14
PROVIDE THAT WHEN A BODY IS UNIDENTIFIED HUMAN REMAINS, THE BODY 15
SHALL BE SUBMITTED TO THE STATE MEDICAL EXAMINER; TO AMEND SECTION 16
41-61-61, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON 17
DISCOVERY, UNIDENTIFIED HUMAN REMAINS OR ANATOMICAL MATERIAL 18
SUSPECTED OF BEING PART OF THE HUMAN BODY SHALL BE THE 19
JURISDICTION OF THE STATE MEDICAL EXAMINER BY OPERATION OF LAW; TO 20
PROVIDE THAT THE WILLFUL DESTRUCTION OF A BODY, BODY PART OR 21
UNIDENTIFIED HUMAN REMAINS SHALL BE A FELONY; TO REQUIRE THE 22
COUNTY MEDICAL EXAMINER INVESTIGATOR IN CONCERT WITH THE STATE 23
MEDICAL EXAMINER TO ENTER INTO THE NATIONAL MISSING AND 24
UNIDENTIFIED PERSONS SYSTEM ALL UNCLAIMED HUMAN REMAINS CASES 25
WITHIN A CERTAIN AMOUNT OF DAYS; TO AMEND SECTION 41-39-5, 26
MISSISSIPPI CODE OF 1972, TO REQUIRE ANY PHYSICIAN, HOSPITAL, 27
FUNERAL DIRECTOR, EMBALMER, COUNTY MEDICAL EXAMINER OR OTHER 28
PERSON ACQUIRING POSSESSION OF UNIDENTIFIED HUMAN REMAINS TO 29
SUBMIT THE REMAINS TO THE STATE MEDICAL EXAMINER AND NOT SUBJECT 30
THE REMAINS TO CREMATION, EMBALMING OR OTHER DESTRUCTIVE 31
TREATMENT; TO AMEND SECTION 45-6-7, MISSISSIPPI CODE OF 1972, TO 32
REVISE THE BOARD'S POWERS AND DUTIES TO INCLUDE INVESTIGATIVE 33
AUTHORITY; AND FOR RELATED PURPOSES. 34
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 35
SECTION 1. (1) As used in this section, the following words 36
shall have the meanings herein ascribed unless the context clearly 37
requires otherwise: 38
(a) "Forensic genetic genealogy testing" means the 39
combination of laboratory testing, genetic genealogy, and law 40
enforcement investigative techniques to develop investigate leads 41
as to the identify of unidentified human remains. "Forensic 42
genetic genealogy testing" includes developing genealogy DNA 43
profiles consisting of one hundred thousand (100,000) or more 44
markers that are compatible with multiple genealogy databases 45
consented for law enforcement use. 46
(b) "Missing person" means a person reported to a law 47
enforcement agency as missing and unaccounted for from expected 48
and normal activities. "Missing person" includes, but is not 49
limited to, children under eighteen (18) years of age and those 50
missing persons described in Sections 43-15-401 and 45-41-1. 51
(c) "Unidentified person" means a person living or 52
deceased who is unidentified after all available methods used to 53
identify a person have been exhausted, including a decedent 54
released to the State Medical Examiner in which the positive 55
identity of the decedent cannot be established by the State 56
Medical Examiner. "Unidentified person" includes unidentified 57
human remains as defined in 41-61-53(l). 58
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(2) When a credible report of a missing person or 59
unidentified person is received, a law enforcement agency shall: 60
(a) Submit the case to the National Missing and 61
Unidentified Persons System in addition to any database of missing 62
persons or unidentified persons currently required by the law 63
enforcement agency. 64
(b) Attempt to locate any fingerprints from available 65
resources and submit the fingerprints to the National Missing and 66
Unidentified Persons System. 67
(c) Input the following data, if available, into the 68
National Missing and Unidentified Persons System: 69
(i) Copies of fingerprints on standardized 70
fingerprint cards measuring eight inches by eight inches (8″ x 8″) 71
or the equivalent digital image, including partial prints of any 72
fingers; 73
(ii) Forensic dental report or radiology imaging; 74
(iii) Detailed personal descriptions; 75
(iv) Deoxyribonucleic acid (DNA) information; 76
(v) Radiology imaging and medical data; 77
(vi) All other identifying data, including date 78
and place of death; and 79
(vii) Enter the report of a missing child into the 80
National Missing and Unidentified Persons System without delay 81
upon receipt of the report. 82
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(3) The State Medical Examiner shall test the DNA using 83
forensic genetic genealogy testing no later than forty-five (45) 84
days after receiving possession of unidentified human remains. 85
(4) The duties required under this section are in addition 86
to any duties and procedures required of a law enforcement agency 87
by Sections 43-15-401 and 45-41-1. 88
SECTION 2. Section 41-61-53, Mississippi Code of 1972, is 89
amended as follows: 90
41-61-53. For the purposes of Sections 41-61-51 through 91
41-61-79, the following definitions shall apply: 92
(a) "Certification of death" means signing the death 93
certificate. 94
(b) "Coroner" means the elected county official 95
provided for in Sections 19-21-101 through 19-21-107. 96
(c) "County medical examiner investigator" means a 97
nonphysician coroner or deputy coroner trained to investigate and 98
certify deaths affecting the public interest. 99
(d) "County medical examiner" means a licensed 100
physician who is a coroner or deputy coroner trained to 101
investigate and certify deaths affecting the public interest. 102
(e) "Death affecting the public interest" means any 103
death of a human being where the circumstances are sudden, 104
unexpected, violent, suspicious or unattended. 105
(f) "Medical examiner" means the medical examiner 106
system which is composed of the State Medical Examiner, county 107
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medical examiners and county medical examiner investigators 108
collectively, and is a jurisdictional identifier, not a title, 109
unless the context clearly requires otherwise. 110
(g) "Medical examiner investigator" means a 111
nonphysician appointed, trained and supervised by the State 112
Medical Examiner to investigate and assist with the certification 113
of deaths affecting the public interest. 114
(h) "Pronouncement of death" means the statement of 115
opinion that life has ceased for an individual. 116
(i) "State Medical Examiner" means the person appointed 117
by the Commissioner of Public Safety pursuant to Section 41-61-55 118
to investigate and certify deaths that affect the public interest. 119
(j) "Autopsy" means a postmortem examination. 120
(k) "Postmortem examination" means an examination of a 121
dead human body that may include the least invasive to most 122
invasive methods based on the expertise and judgment of the 123
pathologist handling the case. 124
(l) "Unclaimed human remains" means all coroner cases 125
with a confirmed identification that have not been claimed by 126
family or where no family has been located in order to claim the 127
remains. 128
(m) "Unidentified human remains" means deceased human 129
remains, skeletonized or with tissue, which require the 130
application of scientific identification methods to determine 131
positive identity, as established by best practices. 132
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"Unidentified human remains" include all deceased human remains 133
without a positive identity, including those deceased human 134
remains: 135
(i) With or without a presumptive identification; 136
or 137
(ii) Which are visually unrecognizable due to 138
traumatic injury or decomposition. 139
"Unidentified human remains" does not include deceased human 140
remains which have been determined to be solely archaeological in 141
origin. 142
SECTION 3. Section 41-61-59, Mississippi Code of 1972, is 143
amended as follows: 144
41-61-59. (1) A person's death that affects the public 145
interest as specified in subsection (2) of this section shall be 146
promptly reported to the medical examiner by the physician in 147
attendance, any hospital employee, any law enforcement officer 148
having knowledge of the death, the embalmer or other funeral home 149
employee, any emergency medical technician, any relative or any 150
other person present. The appropriate medical examiner shall 151
notify the municipal or state law enforcement agency or sheriff 152
and take charge of the body. When the medical examiner has 153
received notification under Section * * * 41-39-143 that the 154
deceased is medically suitable to be an organ and/or tissue donor, 155
the medical examiner's authority over the body shall be subject to 156
the provisions of Section * * * 41-39-143. When the body is 157
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unidentified human remains, the medical examiner's jurisdiction of 158
the body shall be subject to the provisions of Section 41-61-61, 159
and the body shall be submitted to the State Medical Examiner. 160
The appropriate medical examiner shall notify the Mississippi 161
Bureau of Narcotics within twenty-four (24) hours of receipt of 162
the body in cases of death as described in subsection (2)(m) or 163
(n) of this section. 164
(2) A death affecting the public interest includes, but is 165
not limited to, any of the following: 166
(a) Violent death, including homicidal, suicidal or 167
accidental death. 168
(b) Death caused by thermal, chemical, electrical or 169
radiation injury. 170
(c) Death caused by criminal abortion, including 171
self-induced abortion, or abortion related to or by sexual abuse. 172
(d) Death related to disease thought to be virulent or 173
contagious that may constitute a public hazard. 174
(e) Death that has occurred unexpectedly or from an 175
unexplained cause. 176
(f) Death of a person confined in a prison, jail or 177
correctional institution. 178
(g) Death of a person where a physician was not in 179
attendance within thirty-six (36) hours preceding death, or in 180
prediagnosed terminal or bedfast cases, within thirty (30) days 181
preceding death. 182
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(h) Death of a person where the body is not claimed by 183
a relative or a friend. 184
(i) Death of a person where the * * * deceased * * * 185
human remains are unidentified human remains. 186
(j) Death of a child under the age of two (2) years 187
where death results from an unknown cause or where the 188
circumstances surrounding the death indicate that sudden infant 189
death syndrome may be the cause of death. 190
(k) Where a body is brought into this state for 191
disposal and there is reason to believe either that the death was 192
not investigated properly or that there is not an adequate 193
certificate of death. 194
(l) Where a person is presented to a hospital emergency 195
room unconscious and/or unresponsive, with cardiopulmonary 196
resuscitative measures being performed, and dies within 197
twenty-four (24) hours of admission without regaining 198
consciousness or responsiveness, unless a physician was in 199
attendance within thirty-six (36) hours preceding presentation to 200
the hospital, or in cases in which the decedent had a prediagnosed 201
terminal or bedfast condition, unless a physician was in 202
attendance within thirty (30) days preceding presentation to the 203
hospital. 204
(m) Death that is caused by drug overdose or which is 205
believed to be caused by drug overdose. 206
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(n) When a stillborn fetus is delivered and the cause 207
of the demise is medically believed to be from the use by the 208
mother of any controlled substance as defined in Section 209
41-29-105. 210
(o) Death of any person under the age of eighteen (18). 211
(3) The State Medical Examiner is empowered to investigate 212
deaths, under the authority hereinafter conferred, in any and all 213
political subdivisions of the state. The county medical examiners 214
and county medical examiner investigators, while appointed for a 215
specific county, may serve other counties on a regular basis with 216
written authorization by the State Medical Examiner, or may serve 217
other counties on an as-needed basis upon the request of the 218
ranking officer of the investigating law enforcement agency. If a 219
death affecting the public interest takes place in a county other 220
than the one where injuries or other substantial causal factors 221
leading to the death have occurred, jurisdiction for investigation 222
of the death may be transferred, by mutual agreement of the 223
respective medical examiners of the counties involved, to the 224
county where the injuries or other substantial causal factors 225
occurred, and the costs of autopsy or other studies necessary to 226
the further investigation of the death shall be borne by the 227
county assuming jurisdiction. 228
(4) (a) In criminal trials where the testimony of a current 229
or former State Medical Examiner, Deputy State Medical Examiner, 230
or member of the Mississippi Forensics Laboratory is needed, the 231
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use of audiovisual communications equipment to present such 232
testimony remotely is allowed when the state has provided written 233
notice to the defendant at least ninety (90) days prior to trial 234
of its intent to present such remote testimony, and the defendant 235
provides no written objection within fourteen (14) days of 236
receiving such notice. Should the defendant object, the remote 237
testimony shall only be permitted upon a finding by the court that 238
the rights of the defendant to confront the witness against the 239
defendant is not violated, that compelling circumstances exist to 240
allow such remote testimony, and that the remote testimony can be 241
provided with appropriate safeguards so as to assure the 242
reliability of the testimony of the witness during the trial. 243
(b) All persons qualified to administer an oath in the 244
State of Mississippi may swear in a witness remotely by 245
audiovisual communication technology, provided they can positively 246
identify the witness and they are able to both see and hear the 247
witness via audiovisual communications equipment. 248
(5) The chief county medical examiner or chief county 249
medical examiner investigator may receive from the county in which 250
he serves a salary of One Thousand Two Hundred Fifty Dollars 251
($1,250.00) per month, in addition to the fees specified in 252
Sections 41-61-69 and 41-61-75, provided that no county shall pay 253
the chief county medical examiner or chief county medical examiner 254
investigator less than Three Hundred Dollars ($300.00) per month 255
as a salary, in addition to other compensation provided by law. 256
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In any county having one or more deputy medical examiners or 257
deputy medical examiner investigators, each deputy may receive 258
from the county in which he serves, in the discretion of the board 259
of supervisors, a salary of not more than Nine Hundred Dollars 260
($900.00) per month, in addition to the fees specified in Sections 261
41-61-69 and 41-61-75; however, no county shall pay the deputy 262
medical examiners or deputy medical examiner investigators less 263
than Three Hundred Dollars ($300.00) per month as a salary in 264
addition to other compensation provided by law. For this salary 265
the chief shall assure twenty-four-hour daily and readily 266
available death investigators for the county, and shall maintain 267
copies of all medical examiner death investigations for the county 268
for at least the previous five (5) years. He shall coordinate his 269
office and duties and cooperate with the State Medical Examiner, 270
and the State Medical Examiner shall cooperate with him. 271
SECTION 4. Section 41-61-61, Mississippi Code of 1972, is 272
amended as follows: 273
41-61-61. (1) Upon the death of any person where that death 274
affects the public interest, the medical examiner of the county in 275
which the body of the deceased is found or, if death occurs in a 276
moving conveyance, where the conveyance stops and death is 277
pronounced, shall be notified promptly by any person having 278
knowledge or suspicion of such a death, as provided in subsection 279
(1) of Section 41-61-59. The medical examiner shall then notify 280
the State Medical Examiner, in accordance with Section 281
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41-61-63(2)(a). No person shall disturb the body at the scene of 282
such a death until authorized by the medical examiner, unless the 283
medical examiner is unavailable and it is determined by an 284
appropriate law enforcement officer that the presence of the body 285
at the scene would risk the integrity of the body or provide a 286
hazard to the safety of others. For the limited purposes of this 287
section, expression of an opinion that death has occurred may be 288
made by a nurse, an emergency medical technician, or any other 289
competent person, in the absence of a physician. 290
(2) The discovery of unidentified human remains or of 291
anatomical material suspected of being part of the human body 292
shall be promptly reported either (a) to the medical examiner of 293
the county in which the material is found, who shall report the 294
discovery to the State Medical Examiner, or (b) to the State 295
Medical Examiner. The unidentified human remains or the 296
anatomical material suspected of being part of the human body 297
shall be the jurisdiction of the State Medical Examiner by 298
operation of law. 299
(3) (a) A person who willfully moves, distributes or 300
conceals a body or body part in violation of this section is 301
guilty of a misdemeanor, and may be punished by a fine of not more 302
than Five Hundred Dollars ($500.00), or by imprisonment for not 303
more than six (6) months in the county jail, or by both such fine 304
and imprisonment. 305
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(b) A person who willfully destroys a body, body part 306
or unidentified human remains in violation of this section is 307
guilty of a felony, and may be punished by a fine of not more than 308
Five Thousand Dollars ($5,000.00), or by imprisonment for not more 309
than two (2) years in the custody of the Department of 310
Corrections, or by both such fine and imprisonment. 311
(4) Upon oral or written authorization * * *, if an autopsy 312
is to be performed, the body shall be transported directly to an 313
autopsy facility in a suitable secure conveyance, and the expenses 314
of transportation shall be paid by the county for which the 315
service is provided. The county may contract with individuals or 316
make available a vehicle to the medical examiner or law 317
enforcement personnel for transportation of bodies. If transport 318
must be delayed for any reason, the county shall store the body in 319
an environment conducive to maintaining preservation prior to 320
transporting the body to the State Medical Examiner's Office for 321
postmortem examination. 322
(5) The county medical examiner investigator in concert with 323
the State Medical Examiner shall enter into the National Missing 324
and Unidentified Persons System all unclaimed human remains cases 325
as defined in 41-61-53(l) within five (5) days following the 326
identification of the unclaimed human remains but in no case 327
longer than fifteen (15) days from the date of death of the 328
individual. The State Medical Examiner is authorized to enter 329
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these cases into the National Missing and Unidentified Persons 330
System on behalf of the county medical examiner investigator. 331
SECTION 5. Section 41-39-5, Mississippi Code of 1972, is 332
amended as follows: 333
41-39-5. (1) Any physician, hospital, funeral director, 334
embalmer, county medical examiner or other person acquiring 335
possession of unidentified human remains as defined in 336
41-61-53(m), or portion thereof, shall: 337
(a) Immediately submit the unidentified human remains 338
to the State Medical Examiner pursuant to Sections 41-61-59 and 339
41-61-61; and 340
(b) Not subject the unidentified human remains to 341
cremation, embalming or other destructive treatment. 342
(2) Any physician, hospital, funeral director, 343
embalmer * * * or other person acquiring possession of a dead 344
human body or portion thereof which is not claimed for burial or 345
cremation within forty-eight (48) hours of its acquisition and is 346
not unidentified human remains shall give written notice thereof 347
to the board of supervisors, or a member thereof, of the county in 348
which the dead body or portion thereof is located, furnishing such 349
identification of the decedent as may be available. The board of 350
supervisors or the coroner shall make reasonable efforts to notify 351
members of the decedent's family or other known interested 352
persons, and, if the dead body or portion thereof shall not be 353
claimed for burial or cremation by any interested person within 354
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five (5) days of the aforementioned written notice, the board of 355
supervisors or coroner shall, as soon as it may think appropriate, 356
authorize and direct the burial or cremation and burial of the 357
residue of such dead body or portion thereof. In its discretion 358
and where otherwise permitted to do so by law, the board of 359
supervisors may direct the disposition of the dead body or portion 360
thereof as provided by Section 41-39-7. The reasonable expense of 361
such burial or cremation and burial of the residue of a dead body 362
shall be borne by the estate of the decedent or of any person 363
liable at law for the necessities of the decedent during his 364
lifetime or, if they are unable to pay the same, by the county of 365
residence or settlement of the decedent, if known, and, if not 366
known, by the county in which the dead body or portion thereof is 367
located. 368
(3) If the person having possession of such dead human body 369
or portion thereof shall have no available means of preserving the 370
same and shall so notify the board of supervisors, or a member 371
thereof, of the county in which the dead body or portion thereof 372
is located, it shall be the duty of the board of supervisors to 373
make arrangements for the preservation of the same until burial or 374
cremation and burial of the residue of the dead body as 375
hereinabove provided, and the expense of such preservation shall 376
be borne as hereinabove provided with respect to the expense of 377
burial or cremation. 378
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(4) No county funds may be expended in excess of the amount 379
budgeted for the purposes of this section without the prior 380
approval of the board of supervisors of the county. 381
SECTION 6. Section 45-6-7, Mississippi Code of 1972, is 382
amended as follows: 383
45-6-7. In addition to the powers conferred upon the board 384
elsewhere in this chapter, the board shall have power to: 385
(a) Promulgate rules and regulations for the 386
administration of this chapter, including the authority to require 387
the submission of reports and information by law enforcement 388
agencies of the state and its political subdivisions. 389
(b) Establish minimum educational and training 390
standards for admission to employment or appointment as a law 391
enforcement officer or a part-time law enforcement officer: (i) 392
in a permanent position; and (ii) in a probationary status. The 393
minimum educational and training standards for any law enforcement 394
officer assigned to field or investigative duties shall include at 395
least two (2) hours of training related to handling complaints of 396
human trafficking and commercial sexual exploitation of children 397
as defined in Section 43-21-105, communicating with such victims, 398
and requiring the officer to contact the Department of Child 399
Protection Services when human trafficking or commercial sexual 400
exploitation is suspected and at least two (2) hours of training 401
related to the investigation of unidentified and missing persons. 402
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(c) Certify persons as being qualified under the 403
provisions of this chapter to be law enforcement officers or 404
part-time law enforcement officers. 405
(d) Revoke certification for cause and in the manner 406
provided in this chapter. The board is authorized to conduct 407
investigations and subpoena documents regarding revocations. The 408
board shall maintain a current list of all persons certified under 409
this chapter who have been placed on probation, suspended, 410
subjected to revocation of certification, or any combination of 411
these. The board may establish a hearing panel for the purpose of 412
providing a hearing to any law enforcement officer for whom the 413
board believes there is a basis for reprimand, suspension, 414
cancellation of, or recalling the certification of a law 415
enforcement officer. The hearing panel shall provide its written 416
findings and recommendations to the board. 417
(e) Establish minimum curriculum requirements for basic 418
and advanced courses and programs for schools operated by or for 419
the state or any political subdivision thereof for the specific 420
purpose of training police and other law enforcement officers, 421
both full- and part-time, which shall include a minimum of two (2) 422
hours of training in a course or courses related to the 423
identification of and support for victims of human trafficking and 424
commercial sexual exploitation. 425
(f) Consult and cooperate with counties, 426
municipalities, state agencies, other governmental agencies, and 427
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with universities, colleges, community and junior colleges and 428
other institutions concerning the development of training schools, 429
programs or courses of instruction for personnel defined in this 430
chapter. 431
(g) Make recommendations concerning any matter within 432
its purview pursuant to this chapter. 433
(h) Make such inspection and evaluation as may be 434
necessary to determine if governmental units are complying with 435
the provisions of this chapter. 436
(i) Approve law enforcement officer training schools 437
for operation by or for the state or any political subdivision 438
thereof for the specific purpose of training personnel defined in 439
this chapter. 440
(j) Upon the request of agencies employing personnel 441
defined in this chapter, conduct surveys or aid municipalities and 442
counties to conduct surveys through qualified public or private 443
agencies and assist in the implementation of any recommendations 444
resulting from such surveys. 445
(k) Upon request of agencies within the purview of this 446
chapter, conduct general and specific management surveys and 447
studies of the operations of the requesting agencies at no cost to 448
those agencies. The role of the board under this subsection shall 449
be that of management consultant. 450
(l) Adopt and amend regulations consistent with law, 451
for its internal management and control of board programs. 452
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ST: Missing or unidentified persons; create
procedures regarding investigation of.
(m) Enter into contracts or do such things as may be 453
necessary and incidental to the administration of this chapter. 454
(n) Establish jointly with the State Board of Education 455
the minimum level of basic law enforcement training required of 456
persons employed by school districts as school security guards, or 457
school resource officers or in other positions that have the 458
powers of a peace officer. 459
SECTION 7. This act shall take effect and be in force from 460
and after July 1, 2026. 461