Public Act 93-0655

HB0576 Enrolled                      LRB093 05579 MBS 05671 b

    AN ACT in relation to police officers.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  If and only if Senate Bill 472  of  the  93rd
General   Assembly   becomes  law  by  the  override  of  the
Governor's amendatory veto, the Illinois Police Training  Act
is amended by changing Section 6.1 as follows:

    (50 ILCS 705/6.1)
    Sec.  6.1.  Decertification  of  full-time  and part-time
police officers.
    (a)  The Board must review  police  officer  conduct  and
records  to  ensure  that  no  police officer is certified or
provided a valid waiver  if  that  police  officer  has  been
convicted of a felony offense under the laws of this State or
any  other  state  which  if committed in this State would be
punishable as a felony. The Board must also  ensure  that  no
police  officer  is  certified  or provided a valid waiver if
that police officer  has  been  convicted  on  or  after  the
effective  date  of  this  amendatory  Act  of  1999  of  any
misdemeanor  specified in this Section or if committed in any
other state would be an  offense  similar  to  Section  11-6,
11-9.1,  11-14,  11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the  Criminal
Code  of  1961 or to Section 5 or 5.2 of the Cannabis Control
Act. The Board must  appoint  investigators  to  enforce  the
duties conferred upon the Board by this Act.
    (b)  It is the responsibility of the sheriff or the chief
executive  officer  of  every local law enforcement agency or
department within this State  to  report  to  the  Board  any
arrest or conviction of any officer for an offense identified
in this Section.
    (c)  It is the duty and responsibility of every full-time
and  part-time  police officer in this State to report to the
Board within 30 days, and  the  officer's  sheriff  or  chief
executive  officer, of his or her arrest or conviction for an
offense  identified  in  this  Section.  Any   full-time   or
part-time police officer who knowingly makes, submits, causes
to be submitted, or files a false or untruthful report to the
Board  must have his or her certificate or waiver immediately
decertified or revoked.
    (d)  Any person, or a local or State agency, or the Board
is immune  from  liability  for  submitting,  disclosing,  or
releasing  information  of  arrests  or  convictions  in this
Section as long as the information is  submitted,  disclosed,
or  released  in good faith and without malice. The Board has
qualified immunity for the release of the information.
    (e)  Any full-time or part-time  police  officer  with  a
certificate or waiver issued by the Board who is convicted of
any  offense  described  in this Section immediately  becomes
decertified  or  no  longer   has   a   valid   waiver.   The
decertification  and invalidity of waivers occurs as a matter
of law. Failure of a convicted person to report to the  Board
his  or  her  conviction  as described in this Section or any
continued  law  enforcement  practice   after   receiving   a
conviction  is a Class 4 felony.
    (f)    The  Board's  investigators are peace officers and
have all the powers possessed by policemen in cities  and  by
sheriff's, provided that the investigators may exercise those
powers   anywhere  in  the  State,  only  after  contact  and
cooperation  with  the  appropriate  local  law   enforcement
authorities.
    (g)  The  Board  must request and receive information and
assistance from any federal,  state,  or  local  governmental
agency   as   part  of  the  authorized  criminal  background
investigation.  The Department of State Police must  process,
retain,  and additionally provide and disseminate information
to  the   Board   concerning   criminal   charges,   arrests,
convictions,  and  their  disposition,  that  have been filed
before, on, or after the effective date  of  this  amendatory
Act  of  the  91st  General  Assembly against a basic academy
applicant, law  enforcement  applicant,  or  law  enforcement
officer whose fingerprint identification cards are on file or
maintained  by  the  Department of State Police.  The Federal
Bureau of Investigation must provide the Board  any  criminal
history  record information contained in its files pertaining
to law enforcement officers  or  any  applicant  to  a  Board
certified  basic law enforcement academy as described in this
Act based on fingerprint identification. The Board must  make
payment  of  fees  to the Department of State Police for each
fingerprint  card  submission   in   conformance   with   the
requirements  of  paragraph  22  of  Section 55a of the Civil
Administrative Code of Illinois.
    (h)  A police officer who has been certified or granted a
valid waiver shall also be decertified or  have  his  or  her
waiver  revoked  upon  a  determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false  statements  as  to  a
material  fact  going to an element of the offense of murder.
If an appeal is filed, the determination shall be stayed.
         (1)  In the case of an  acquittal  on  a  charge  of
    murder, a verified complaint may be filed:
              (A)  by the defendant; or
              (B)  by   a   police   officer   with  personal
         knowledge of perjured testimony.
The complaint must allege that a police officer, while  under
oath,  knowingly  and willfully made false statements as to a
material fact going to an element of the offense  of  murder.
The  verified  complaint  must  be  filed  with the Executive
Director of the Illinois Law Enforcement  Training  Standards
Board within 2 years of the judgment of acquittal.
         (2)  Within  30  days, the Executive Director of the
    Illinois Law Enforcement Training Standards  Board  shall
    review  the  verified complaint and determine whether the
    verified complaint is frivolous  and  without  merit,  or
    whether  further investigation is warranted. The Illinois
    Law Enforcement Training Standards Board shall notify the
    officer and the Executive Director of the Illinois  Labor
    Relations   Board  State  Panel  of  the  filing  of  the
    complaint and any action taken thereon. If the  Executive
    Director   of   the  Illinois  Law  Enforcement  Training
    Standards Board determines that the verified complaint is
    frivolous and without merit, it shall be  dismissed.  The
    Executive   Director  of  the  Illinois  Law  Enforcement
    Training Standards Board has sole discretion to make this
    determination and this decision is not subject to appeal.
    (i)  If  the  Executive  Director  of  the  Illinois  Law
Enforcement Training  Standards  Board  determines  that  the
verified  complaint warrants further investigation, he or she
shall refer the matter  to  a  task  force  of  investigators
created  for this purpose. This task force shall consist of 8
sworn police officers: 2 from the Illinois  State  Police,  2
from  the  City  of  Chicago Police Department, 2 from county
police departments, and 2 from municipal police  departments.
These  investigators  shall  have  a  minimum  of  5 years of
experience  in  conducting   criminal   investigations.   The
investigators shall be appointed by the Executive Director of
the  Illinois  Law  Enforcement Training Standards Board. Any
officer or officers acting in this capacity pursuant to  this
statutory  provision  will  have  statewide  police authority
while acting in this investigative capacity.  Their  salaries
and  expenses  for  the  time spent conducting investigations
under this paragraph shall be reimbursed by the Illinois  Law
Enforcement Training Standards Board.
    (j)  Once  the  Executive  Director  of  the Illinois Law
Enforcement Training Standards Board has determined  that  an
investigation  is  warranted, the verified complaint shall be
assigned   to   an   investigator   or   investigators.   The
investigator or investigators shall conduct an  investigation
of  the verified complaint and shall write a report of his or
her findings. This report shall be submitted to the Executive
Director of the Illinois Labor Relations Board State Panel.
    Within 30 days, the Executive Director  of  the  Illinois
Labor   Relations   Board   State   Panel  shall  review  the
investigative  report  and   determine   whether   sufficient
evidence  exists  to  conduct  an  evidentiary hearing on the
verified complaint. If the Executive Director of the Illinois
Labor Relations Board State Panel determines upon his or  her
review  of the investigatory report that a hearing should not
be conducted, the complaint shall be dismissed. This decision
is in the Executive  Director's  sole  discretion,  and  this
dismissal may not be appealed.
    If the Executive Director of the Illinois Labor Relations
Board   State  Panel  determines  that  there  is  sufficient
evidence to warrant a hearing, a hearing shall be ordered  on
the  verified complaint, to be conducted by an administrative
law judge employed by  the  Illinois  Labor  Relations  Board
State  Panel.  The  Executive  Director of the Illinois Labor
Relations  Board  State  Panel  shall  inform  the  Executive
Director of the Illinois Law Enforcement  Training  Standards
Board  and  the  person who filed the complaint of either the
dismissal of the complaint or the issuance of  the  complaint
for   hearing.   The  Executive  Director  shall  assign  the
complaint to the  administrative law judge within 30 days  of
the decision granting a hearing.
    (k)  In  the case of a finding of guilt on the offense of
murder, if a new trial is granted  on  direct  appeal,  or  a
state  post-conviction  evidentiary hearing is ordered, based
on a claim that a police officer, under oath,  knowingly  and
willfully  made  false statements as to a material fact going
to an element of the offense of murder,  the  Illinois  Labor
Relations Board State Panel shall hold a hearing to determine
whether  the  officer  should be decertified if an interested
party requests such a hearing within 2 years of  the  court's
decision.   The   complaint   shall   be   assigned   to   an
administrative law judge within 30 days so that a hearing can
be scheduled.
    At the hearing, the accused officer shall be afforded the
opportunity to:
         (1)  Be  represented  by  counsel  of his or her own
    choosing;
         (2)  Be heard in his or her own defense;
         (3)  Produce evidence in his or her defense;
         (4)  Request that the Illinois Labor Relations Board
    State  Panel  compel  the  attendance  of  witnesses  and
    production of related documents including but not limited
    to court documents and records.
    Once a case  has  been  set  for  hearing,  the  verified
complaint shall be referred to the Department of Professional
Regulation.   That   office   shall  prosecute  the  verified
complaint at the hearing before the administrative law judge.
The Department of  Professional  Regulation  shall  have  the
opportunity  to  produce  evidence  to  support  the verified
complaint and to request the Illinois Labor  Relations  Board
State  Panel  to  compel  the attendance of witnesses and the
production of related documents, including, but  not  limited
to, court documents and records. The Illinois Labor Relations
Board  State  Panel  shall  have the power to issue subpoenas
requiring the attendance of and testimony  of  witnesses  and
the  production  of  related  documents  including,  but  not
limited  to,  court  documents and records and shall have the
power to administer oaths.
    The   administrative   law   judge   shall    have    the
responsibility  of receiving into evidence relevant testimony
and  documents,  including  court  records,  to  support   or
disprove  the  allegations  made  by  the  person  filing the
verified complaint and,  at  the  close  of  the  case,  hear
arguments.  If  the administrative law judge finds that there
is not clear and convincing evidence to support the  verified
complaint  that  the  police  officer  has, while under oath,
knowingly  and  willfully  made  false  statements  as  to  a
material fact going to an element of the offense  of  murder,
the   administrative   law   judge   shall   make  a  written
recommendation of dismissal to the Illinois  Labor  Relations
Board State Panel. If the administrative law judge finds that
there  is  clear  and  convincing  evidence  that  the police
officer has, while under oath, knowingly and  willfully  made
false  statements  as  to  a  material  fact  that goes to an
element of the offense  of  murder,  the  administrative  law
judge  shall  make  a written recommendation so concluding to
the Illinois Labor Relations Board State Panel. The  hearings
shall  be transcribed. The Executive Director of the Illinois
Law Enforcement Training Standards Board shall be informed of
the  administrative  law  judge's  recommended  findings  and
decision and the Illinois Labor Relations Board State Panel's
subsequent review of the recommendation.
    (l)  An officer named in any complaint filed pursuant  to
this  Act  shall  be  indemnified  for  his or her reasonable
attorney's fees and costs by his or her employer. These  fees
shall be paid in a regular and timely manner. The State, upon
application  by  the  public  employer,  shall  reimburse the
public  employer  for  the   accused   officer's   reasonable
attorney's   fees   and  costs.  At  no  time  and  under  no
circumstances will the accused officer be required to pay his
or her own reasonable attorney's fees or costs.
    (m)  The accused officer shall not be  placed  on  unpaid
status  because  of  the filing or processing of the verified
complaint  until  there  is  a  final  non-appealable   order
sustaining  his  or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts  the  public
employer  from pursuing discipline against the officer in the
normal course and under procedures then in place.
    (n)  The Illinois Labor Relations Board State Panel shall
review the administrative law  judge's  recommended  decision
and  order  and  determine  by a majority vote whether or not
there was clear and  convincing  evidence  that  the  accused
officer, while under oath, knowingly and willfully made false
statements  as  to  a  material  fact going to the offense of
murder. Within 30 days of service of the  administrative  law
judge's  recommended decision and order, the parties may file
exceptions to the recommended decision and order  and  briefs
in  support  of  their  exceptions  with  the  Illinois Labor
Relations Board State Panel. The parties may  file  responses
to  the  exceptions and briefs in support of the responses no
later than 15 days after the service of  the  exceptions.  If
exceptions  are  filed  by  any  of the parties, the Illinois
Labor Relations Board State Panel shall review the matter and
make a finding to uphold, vacate, or modify  the  recommended
decision  and  order.  If  the Illinois Labor Relations Board
State Panel concludes that  there  is  clear  and  convincing
evidence   that   the  accused  officer,  while  under  oath,
knowingly  and  willfully  made  false  statements  as  to  a
material fact going to an element of the offense murder,  the
Illinois  Labor  Relations Board State Panel shall inform the
Illinois Law Enforcement Training  Standards  Board  and  the
Illinois  Law  Enforcement  Training  Standards  Board  shall
revoke  the  accused  officer's certification. If the accused
officer appeals that determination to the Appellate Court, as
provided by this Act, he or she may  petition  the  Appellate
Court  to  stay  the  revocation  of his or her certification
pending the court's review of the matter.
    (o)  None of the Illinois  Labor  Relations  Board  State
Panel's findings or determinations shall set any precedent in
any  of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the  Illinois  Labor  Relations  Board
State Panel or the courts.
    (p)  A party aggrieved by the final order of the Illinois
Labor  Relations  Board  State Panel may apply for and obtain
judicial review of an order of the Illinois  Labor  Relations
Board  State  Panel, in accordance with the provisions of the
Administrative Review Law, except that such  judicial  review
shall  be  afforded  directly  in the Appellate Court for the
district in which the accused  officer  resides.  Any  direct
appeal  to  the Appellate Court shall be filed within 35 days
from the date that a  copy  of  the  decision  sought  to  be
reviewed was served upon the party affected by the decision.
    (q)  Interested  parties.  Only interested parties to the
criminal prosecution in which the police  officer  allegedly,
while   under   oath,  knowingly  and  willfully  made  false
statements as to a material fact going to an element  of  the
offense  of  murder may file a verified complaint pursuant to
this Section.  For  purposes  of  this  Section,  "interested
parties"  shall  be  limited  to the defendant and any police
officer who has personal knowledge that  the  police  officer
who  is  the  subject of the complaint has, while under oath,
knowingly  and  willfully  made  false  statements  as  to  a
material fact going to an element of the offense of murder.
    (r)  Semi-annual reports.  The Executive Director of  the
Illinois  Labor  Relations  Board  shall  submit  semi-annual
reports  to  the  Governor, President, and Minority Leader of
the Senate, and to the Speaker and  Minority  Leader  of  the
House   of   Representatives  beginning  on  June  30,  2004,
indicating:
              (1)  the number of verified complaints received
         since the date of the last report;
              (2)  the  number  of  investigations  initiated
         since the date of the last report;
              (3)  the  number  of  investigations  concluded
         since the date of the last report;
              (4)  the number of investigations pending as of
         the reporting date;
              (5)  the number of hearings held since the date
         of the last report; and
              (6)  the number of officers  decertified  since
         the date of the last report.
    (h)  A police officer who has been certified or granted a
valid  waiver  may  also  be  decertified  or have his or her
waiver revoked upon a determination by the Board that  he  or
she, while under oath, has knowingly and willfully made false
statements   as   to   a  material  fact  during  a  homicide
proceeding.  A  determination  may  be  made  only  after  an
investigation and hearing upon  a  verified  complaint  filed
with  the  Illinois Law Enforcement Training Standards Board.
No action may be taken by the  Board  regarding  a  complaint
unless  a majority of the members of the Board are present at
the meeting at which the action is taken.
         (1)  The  Board  shall  adopt  rules  governing  the
    investigation and hearing  of  a  verified  complaint  to
    assure  the  police  officer due process and to eliminate
    conflicts of interest within the Board itself.
         (2)  Upon receipt of the initial verified complaint,
    the Board must make a finding within 30 days  of  receipt
    of the complaint as to whether sufficient evidence exists
    to  support  the  complaint.   The  Board is empowered to
    investigate and dismiss the complaint if it finds,  by  a
    vote  of a majority of the members present, that there is
    insufficient evidence to support  it.  Upon  the  initial
    filing,  the  sheriff or police chief, or other employing
    agency, of the  accused  officer  may  suspend,  with  or
    without  pay,  the  accused officer pending a decision of
    the Board. Upon a Board finding of insufficient evidence,
    the police officer shall be  reinstated  with  back  pay,
    benefits,   and  seniority  status  as  appropriate.  The
    sheriff or police chief, or employing agency, shall  take
    such necessary action as is ordered by the Board.
         (3)  If  the Board finds, by a vote of a majority of
    the members present, that sufficient evidence  exists  to
    support  the  complaint,  it  shall  authorize  a hearing
    before an administrative law judge within 45 days of  the
    Board's  finding,  unless,  based upon the complexity and
    extent of the allegations and charges, additional time is
    needed.  In  no   event   may   a   hearing   before   an
    administrative  law  judge  take place later than 60 days
    after the Board's finding.
    (i)  The Board shall have  the  power  and  authority  to
appoint  administrative  law  judges  on a contractual basis.
The Administrative law judges must be attorneys  licensed  to
practice  law in the State of Illinois.  The Board shall also
adopt rules governing the appointment of  administrative  law
judges  and  the  conduct  of  hearings  consistent  with the
requirements of this Section. The  administrative  law  judge
shall  hear all evidence and prepare a written recommendation
of his or her findings to  the  Board.  At  the  hearing  the
accused police officer shall be afforded the opportunity to:
         (1)  Be represented by counsel;
         (2)  Be heard in his or her own defense;
         (3)  Produce evidence in his or her defense;
         (4)  Request that the Board compel the attendance of
    witnesses and production of court records and documents.
    (j)  Once a case has been set for hearing, the person who
filed  the  verified  complaint shall have the opportunity to
produce evidence to  support  any  charge  against  a  police
officer  that  he or she, while under oath, has knowingly and
willfully made false statements as to a material fact  during
a homicide proceeding.
         (1)  The  person  who  filed  the verified complaint
    shall have the opportunity to be represented  by  counsel
    and shall produce evidence to support his or her charges;
         (2)  The person who filed the verified complaint may
    request  the  Board to compel the attendance of witnesses
    and production of court records and documents.
    (k)  The Board shall have the power  to  issue  subpoenas
requiring  the  attendance and testimony of witnesses and the
production of court records and documents and shall have  the
power to administer oaths.
    (l)  The   administrative   law   judge  shall  have  the
responsibility of receiving into evidence relevant  testimony
and   documents,  including  court  records,  to  support  or
disprove the  allegations  made  by  the  person  filing  the
verified  complaint,  and,  at  the  close  of the case, hear
arguments. If the administrative law judge finds  that  there
is  not clear and convincing evidence to support the verified
complaint that the police  officer  has,  while  under  oath,
knowingly  and  willfully  made  false  statements  as  to  a
material    fact    during   a   homicide   proceeding,   the
administrative law judge shall make a written  recommendation
of  dismissal  to  the Board. If the administrative law judge
finds that there is clear and convincing evidence to  support
the  verified  complaint  that  the police officer has, while
under oath, knowingly and willfully made false statements  as
to   a  material  fact  during  a  homicide  proceeding,  the
administrative law judge shall make a written  recommendation
of decertification to the Board.
    (m)  Any person, with the exception of the police officer
who is the subject of the hearing, who is served by the Board
with  a  subpoena  to appear, testify or produce evidence and
refuses to comply with the subpoena is guilty of  a  Class  B
misdemeanor.  Any circuit court or judge, upon application by
the Board, may compel compliance with a  subpoena  issued  by
the Board.
    (n)  Within  15 days of receiving the recommendation, the
Board shall consider the recommendation of the administrative
law judge and the record of the hearing at a  Board  meeting.
If,  by a two-thirds vote of the members present at the Board
meeting, the Board finds that there is clear  and  convincing
evidence  that  the  police  officer  has,  while under oath,
knowingly  and  willfully  made  false  statements  as  to  a
material fact during a homicide proceeding, the  Board  shall
order  that  the police officer be decertified as a full-time
or part-time police officer. If less than two-thirds  of  the
members  present  vote  to  decertify the police officer, the
Board shall dismiss the complaint.
    (o)  The provisions  of  the  Administrative  Review  Law
shall  govern  all proceedings for the judicial review of any
order rendered by the Board. The moving party shall  pay  the
reasonable  costs  of preparing and certifying the record for
review. If the moving party is the police officer and  he  or
she  prevails,  the court may award the police officer actual
costs  incurred  in  all  proceedings,  including  reasonable
attorney fees. If the court awards  the  police  officer  the
actual  costs  incurred in a proceeding, including reasonable
attorney fees, the costs and attorney  fees  shall  be  paid,
subject  to  appropriation, from the Illinois Law Enforcement
Training Standards Board Costs  and  Attorney  Fees  Fund,  a
special  fund that is created in the State Treasury. The Fund
shall consist of moneys appropriated or transferred into  the
Fund for the purpose of making payments of costs and attorney
fees in accordance with this subsection (o). The Illinois Law
Enforcement  Training  Standards  Board  shall administer the
Fund and adopt rules for the administration of the  Fund  and
for  the  submission  and disposition of claims for costs and
attorney fees in accordance with this subsection (o).
    (p)  If  the  police   officer   is   decertified   under
subsection  (h), the Board shall notify the defendant who was
a party  to  the  proceeding  that  resulted  in  the  police
officer's  decertification  and  his  or  her attorney of the
Board's decision. Notification shall be  by  certified  mail,
return  receipt  requested,  sent  to  the party's last known
address and to the party's attorney if any.
    (q)  Limitation of action.
         (1)  No complaint may  be  filed  pursuant  to  this
    Section  until  after  a  verdict or other disposition is
    rendered in the underlying case or the underlying case is
    dismissed in the trial court.
         (2)  A complaint pursuant to this Section may not be
    filed more than 2 years after the final resolution of the
    case. For purposes of this Section, final  resolution  is
    defined   as  the  trial  court's  ruling  on  the  State
    post-conviction proceeding in the case  in  which  it  is
    alleged  the  police officer, while under oath, knowingly
    and willfully made false statements as to a material fact
    during  a   homicide   proceeding.   In   the   event   a
    post-conviction petition is not filed, an action pursuant
    to  this  Section  may not be commenced more than 2 years
    after the denial of a  petition  for  certiorari  to  the
    United  States  Supreme  Court,  or  if  no  petition for
    certiorari is filed,  2  years  after  the  date  such  a
    petition  should  have  been  filed.  In  the event of an
    acquittal, no proceeding may  be  commenced  pursuant  to
    this  Section more than 6 years after the date upon which
    judgment on the verdict of acquittal was entered.
    (r)  Interested parties. Only interested parties  to  the
criminal  prosecution  in which the police officer allegedly,
while  under  oath,  knowingly  and  willfully   made   false
statements as to a material fact during a homicide proceeding
may  file  a verified complaint pursuant to this Section. For
purposes of this Section, "interested  parties"  include  the
defendant  and  any police officer who has personal knowledge
that the police officer who is the subject of  the  complaint
has,  while  under  oath,  knowingly and willfully made false
statements  as  to  a  material  fact   during   a   homicide
proceeding.
(Source: 93SB472enr.)

    Section  10.  If  and only if Senate Bill 472 of the 93rd
General  Assembly  becomes  law  by  the  override   of   the
Governor's amendatory veto, the Code of Criminal Procedure of
1963 is amended by changing Section 107A-10 as follows:

    (725 ILCS 5/107A-10)
    Sec.   107A-10.  Pilot   study   on   sequential   lineup
procedures.
    (a)  Legislative  intent.  Because  the  goal of a police
investigation  is  to  apprehend  the   person   or   persons
responsible for committing a crime, it is useful to conduct a
pilot  study  in  the  field  on  the  effectiveness  of  the
sequential method for lineup procedures.
    (b)  Establishment of pilot jurisdictions. The Department
of   State  Police  shall  select  3  police  departments  to
participate in a one-year pilot study on the effectiveness of
the sequential  lineup  method  for  photo  and  live  lineup
procedures.  One  such  pilot  jurisdiction shall be a police
district within a police department in a  municipality  whose
population  is  at  least  500,000  residents; one such pilot
jurisdiction shall be a police department in  a  municipality
whose  population  is at least 100,000 but less than 500,000;
and one such pilot jurisdiction shall be a police  department
in  a municipality whose population is less than 100,000. All
such pilot jurisdictions shall be selected no later than July
January 1, 2004.
    (c)  Sequential lineup procedures in pilot jurisdictions.
For any offense alleged to have been  committed  in  a  pilot
jurisdiction  on  or  after  July  January  1, 2004, selected
lineup identification procedure shall  be  presented  in  the
sequential   method  in  which  a  witness  is  shown  lineup
participants one at a time, using the following procedures:
         (1)  The witness shall be requested to state whether
    the individual shown is  the  perpetrator  of  the  crime
    prior  to  viewing  the next lineup participant. Only one
    member of the lineup shall be a suspect and the remainder
    shall be "fillers" who  are  not  suspects  but  fit  the
    general  description  of the offender without the suspect
    unduly standing out;
         (2)  The lineup administrator shall be  someone  who
    is not aware of which member of the lineup is the suspect
    in the case; and
         (3)  Prior   to  presenting  the  lineup  using  the
    sequential method the lineup administrator shall:
              (A)  Inform the witness  that  the  perpetrator
         may or may not be among those shown, and the witness
         should not feel compelled to make an identification;
              (B)  Inform  the  witness  that  he or she will
         view individuals one at a time and will be requested
         to  state  whether  the  individual  shown  is   the
         perpetrator  of the crime, prior to viewing the next
         lineup participant; and
              (C)  Ask the witness to state in his or her own
         words  how  sure  he  or  she  is  that  the  person
         identified  is  the  actual  offender.   During  the
         statement,  or  as  soon  thereafter  as  reasonably
         possible,  the  witness's  actual  words  shall   be
         documented.
    (d)  Application.   This Section applies to selected live
lineups that are composed and presented at a  police  station
and  to selected photo lineups regardless of where presented;
provided  that  this  Section  does  not  apply   in   police
investigations  in  which  a  spontaneous  identification  is
possible  and no lineup procedure is being used. This Section
does not affect the right to counsel afforded by the U.S.  or
Illinois  Constitutions  or  State  law  at  any  stage  of a
criminal proceeding.
    (e)  Selection    of    lineups.    The     participating
jurisdictions  shall develop a protocol for the selection and
administration of lineups which  is  practical,  designed  to
elicit  information  for comparative evaluation purposes, and
is consistent with objective scientific research methodology.
    (f)  Training and administrators. The Department of State
Police shall offer training to police officers and any  other
appropriate  personnel on the sequential method of conducting
lineup  procedures  in  the  pilot  jurisdictions   and   the
requirements  of this Section. The Department of State Police
may seek funding for training  and  administration  from  the
Illinois  Criminal  Justice  Information  Authority  and  the
Illinois   Law   Enforcement   Training  Standards  Board  if
necessary.
    (g)  Report on the pilot study.  The Department of  State
Police   shall   gather   information   from   each   of  the
participating  police  departments  selected   as   a   pilot
jurisdiction   with  respect  to  the  effectiveness  of  the
sequential method for lineup  procedures  and  shall  file  a
report  of  its  findings  with  the Governor and the General
Assembly no later than September April 1, 2005.
(Source: 93SB472enr.)

    Section 95.  The amendatory changes to Section 6.1 of the
Illinois Police Training Act made by this amendatory  Act  of
the  93rd  General  Assembly  and  the  provisions of Section
107A-10 of the Code of Criminal Procedure  of  1963  made  by
this  amendatory  Act  of the 93rd General Assembly supersede
the amendatory changes made to Section 6.1  of  the  Illinois
Police  Training Act and the provisions of Section 107A-10 of
the Code of Criminal Procedures of 1963 added by Senate  Bill
472  of  the 93rd General Assembly, if Senate Bill 472 of the
93rd General Assembly becomes law.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.