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.".