§ 16-2.7-104 — Unidentified human remains - reporting - DNA samples

Colorado § 16-2.7-104

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Missing Person Reports -

Text

(1)
Except as provided in section 24-80-1303, C.R.S., with regard to anthropological
investigations, a person who has custody of unidentified human remains shall
immediately notify the coroner or medical examiner of the county in which the
remains are located and the sheriff, police chief, or land managing agency official in
accordance with section 24-80-1302 (1), C.R.S.

(2) If a coroner or medical examiner takes legal custody of unidentified
human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606
(1.2), C.R.S., the coroner or medical examiner shall make reasonable attempts to
identify the human remains. These attempts may include, but need not be limited to,
obtaining:

(a) Photographs of the human remains prior to an autopsy;

(b) Dental or skeletal X rays of the human remains;

(c) Photographs of items found with the human remains;

(d) Fingerprints from the human remains;

(e) Samples of tissue suitable for DNA typing from the human remains;

(f) Samples of whole bone or hair from the human remains suitable for DNA
typing.

(3) If a coroner or medical examiner takes legal custody of unidentified
human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606
(1.2), C.R.S., the coroner or medical examiner shall:

(a) Enter information concerning the physical appearance and structure of
the unidentified human remains, including DNA typing information, into the national
crime information center database; or

(b) Work with law enforcement officials to ensure that information
concerning the physical appearance and structure of the unidentified human
remains, including DNA typing information, is entered into the national crime
information center database.

(4) A coroner or medical examiner shall neither dispose of nor engage in
actions that will materially affect unidentified human remains before the coroner or
medical examiner:

(a) Obtains from the unidentified human remains samples suitable for DNA
identification and archiving, if possible;

(b) Obtains photographs of the unidentified human remains; and

(c) Exhausts all other appropriate steps for identification of the human
remains.

(5) Until all available information concerning the physical appearance and
structure of unidentified human remains is entered into the national crime
information center database, cremation or natural reduction of unidentified human
remains is prohibited.

Legislative History

Source: L. 2006: Entire article added, p. 395, � 1, effective April 6. L. 2021: (5) amended, (SB 21-006), ch. 123, p. 496, � 21, effective September 7.