093_HB0416ham001 LRB093 06576 RLC 12518 a 1 AMENDMENT TO HOUSE BILL 416 2 AMENDMENT NO. . Amend House Bill 416 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Code of Criminal Procedure of 1963 is 6 amended by adding Article 107A as follows: 7 (725 ILCS 5/Art. 107A heading new) 8 ARTICLE 107A. PILOT STUDY ON SEQUENTIAL LINEUP PROCEDURES 9 (725 ILCS 5/107A-5 new) 10 Sec. 107A-5. Legislative intent. Whereas the goal of a 11 police investigation is to apprehend the person or persons 12 responsible for committing a crime, and whereas studies have 13 shown that the sequential method for photo and live lineups 14 increases the accuracy of positive identifications, it is 15 useful to conduct a pilot study in the field on the 16 effectiveness of the sequential method for lineup procedures. 17 (725 ILCS 5/107A-10 new) 18 Sec. 107A-10. Establishment of pilot jurisdictions. The 19 Department of State Police shall select 3 police departments -2- LRB093 06576 RLC 12518 a 1 to participate in a one-year pilot study on the effectiveness 2 of the sequential lineup method for photo and live lineup 3 procedures. One such pilot jurisdiction shall be a police 4 district within a police department in a municipality whose 5 population is at least 500,000 residents; one such pilot 6 jurisdiction shall be a police department in a municipality 7 whose population is at least 100,000 but less than 500,000; 8 and one such pilot jurisdiction shall be a police department 9 in a municipality whose population is less than 100,000. All 10 such pilot jurisdictions shall be selected no later than 11 January 1, 2004. 12 (725 ILCS 5/107A-15 new) 13 Sec. 107A-15. Sequential lineup procedures in pilot 14 jurisdictions. 15 (a) For any offense alleged to have been committed in a 16 pilot jurisdiction on or after January 1, 2004, the lineup 17 identification procedure shall be presented in the sequential 18 method in which a witness is shown lineup participants one at 19 a time, using the following procedures: 20 (1) The witness shall be requested to state whether 21 the individual shown is the perpetrator of the crime 22 prior to viewing the next lineup participant. Only one 23 member of the lineup shall be a suspect and the remainder 24 shall be "fillers" who are not suspects but fit the 25 general description of the suspect; 26 (2) The lineup administrator shall be someone who is 27 not aware of which member of the lineup is the suspect in 28 the case; and 29 (3) Prior to presenting the lineup using the 30 sequential method the lineup administrator shall: 31 (i) Inform the witness that the perpetrator may 32 or may not be among those shown, and the witness 33 should not feel compelled to make an identification; -3- LRB093 06576 RLC 12518 a 1 (ii) Inform the witness that he or she will 2 view individuals one at a time and will be requested 3 to state whether the individual shown is the 4 perpetrator of the crime, prior to viewing the next 5 lineup participant; and 6 (iii) Ask the witness to state in his or her 7 own words how sure he or she is that the person 8 identified is the actual suspect, and make the 9 witness's words part of the record. 10 (c) This Section applies to any live lineups that are 11 composed and presented at a police station and to all photo 12 lineups regardless of where presented; provided that this 13 Section does not apply in police investigations in which a 14 spontaneous identification is possible and no lineup 15 procedure is being used. 16 (d) This Section does not affect the right to counsel 17 afforded by the U.S. or Illinois Constitutions or State law 18 at any stage of a criminal proceeding. 19 (725 ILCS 5/107A-20 new) 20 Sec. 107A-20. Training. The Department of State Police 21 shall offer training to police officers and any other 22 appropriate personnel on the sequential method of conducting 23 lineup procedures in the pilot jurisdictions and the 24 requirements of this Section. The Department of State Police 25 may seek funding for training from the Illinois Criminal 26 Justice Information Authority and the Illinois Law 27 Enforcement Training Standards Board if necessary. 28 (725 ILCS 5/107A-25 new) 29 Sec. 107A-25. Report on the pilot study. The Department 30 of State Police shall gather information from each of the 31 police departments selected as a pilot jurisdiction with 32 respect to the effectiveness of the sequential method for -4- LRB093 06576 RLC 12518 a 1 lineup procedures and shall file a report of its findings 2 with the Governor and the General Assembly no later than 3 April 1, 2005. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.".