Section 16-2.7-104 - Unidentified human remains - reporting - DNA samples(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.Amended by 2021 Ch. 123,§21, eff. 9/7/2021.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.Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
2021 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3).