An Act to Identify the State's Unidentified Human Remains
Maine Legislature, Session 131, LD 0838
Committee: Health and Human Services
Sponsors: BOYER, BALDACCI, COLLINGS, GATTINE, JAVNER, MATLACK, MEYER, MILLETT, TALBOT ROSS, JACKSON
Amends: 22 MRSA §3028-A

Legislative Document
No. 838
H.P. 527
House of Representatives, February 21, 2023
An Act to Identify the State's Unidentified Human Remains
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: COLLINGS of Portland, GATTINE of Westbrook, JAVNER of Chester, 
MATLACK of St. George, MEYER of Eliot, MILLETT of Waterford, Speaker TALBOT 
ROSS of Portland, Senator: President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3028-A, as amended by PL 2017, c. 335, §1, is repealed and the 
following enacted in its place:
§3028-A.  Disposal of unidentified human remains and abandoned human remains; 
identification
This section governs the storage, identification, disposition and expenses related to 
human remains.
1. Storage and disposition of human remains.  Whenever unidentified human 
remains are recovered, the Chief Medical Examiner may store the remains, release them to 
an educational institution, inter them in an appropriate resting place or have them cremated 
in accordance with this section.  Ashes of remains cremated may be disposed of in any 
appropriate manner.  Human remains uncovered in a cared-for cemetery or known to be 
Indian remains are excluded from the operation of this section.
The Chief Medical Examiner may assume responsibility for the disposal of identified 
human remains of a deceased resident of this State that are the subject of a medical 
examiner case if no one takes custody and control of the human remains for a period of 30 
days after the Chief Medical Examiner has completed an autopsy or necessary examination 
of the human remains, made reasonable inquiry under section 3028‑D, subsection 1 and 
satisfied the requirements of subsection 2.  Such abandoned remains may be interred or 
cremated.  The Chief Medical Examiner shall file or cause to be filed a certificate of 
abandonment in the municipality where the human remains were recovered that indicates 
the means of disposal.
In the absence of a responsible party, payment of expenses incurred by the Chief Medical 
Examiner pursuant to this section must be made pursuant to section 3028‑D, subsection 2 
as if the remains were unidentified.  The Chief Medical Examiner may seek to recover costs 
from the estate or municipality of residence of the deceased.
2. Identification of human remains using DNA.  After the Chief Medical Examiner 
has had possession of unidentified human remains for 45 days, the Chief Medical Examiner 
shall test the deoxyribonucleic acid, or DNA, of human remains using forensic genetic 
genealogy testing.  For purposes of this subsection, "forensic genetic genealogy testing" 
means a DNA analysis of a sample of biological material by a laboratory to develop a 
profile and search for that profile in a database of personal genomics or using a direct-to-
consumer genetic genealogy service.
Sec. 2.  Chief Medical Examiner to identify human remains.  The Chief 
Medical Examiner shall use forensic genetic genealogy testing of the deoxyribonucleic 
acid, or DNA, of unidentified remains in order of importance as determined by the Chief 
Medical Examiner to identify any unidentified human remains in the possession of the 
Chief Medical Examiner as of the effective date of this Act. As used in this section, 
"forensic genetic genealogy testing" has the same meaning as in the Maine Revised 
Statutes, Title 22, section 3028-A, subsection 2.
SUMMARY
This bill requires the Chief Medical Examiner to use forensic genetic genealogy testing 
with the deoxyribonucleic acid, or DNA, of the human remains of an unidentified 
individual after 45 days of having possession of the unidentified human remains.