093_HB0576enr HB0576 Enrolled LRB093 05579 MBS 05671 b 1 AN ACT in relation to police officers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. If and only if Senate Bill 472 of the 93rd 5 General Assembly becomes law by the override of the 6 Governor's amendatory veto, the Illinois Police Training Act 7 is amended by changing Section 6.1 as follows: 8 (50 ILCS 705/6.1) 9 Sec. 6.1. Decertification of full-time and part-time 10 police officers. 11 (a) The Board must review police officer conduct and 12 records to ensure that no police officer is certified or 13 provided a valid waiver if that police officer has been 14 convicted of a felony offense under the laws of this State or 15 any other state which if committed in this State would be 16 punishable as a felony. The Board must also ensure that no 17 police officer is certified or provided a valid waiver if 18 that police officer has been convicted on or after the 19 effective date of this amendatory Act of 1999 of any 20 misdemeanor specified in this Section or if committed in any 21 other state would be an offense similar to Section 11-6, 22 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 23 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal 24 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control 25 Act. The Board must appoint investigators to enforce the 26 duties conferred upon the Board by this Act. 27 (b) It is the responsibility of the sheriff or the chief 28 executive officer of every local law enforcement agency or 29 department within this State to report to the Board any 30 arrest or conviction of any officer for an offense identified 31 in this Section. HB0576 Enrolled -2- LRB093 05579 MBS 05671 b 1 (c) It is the duty and responsibility of every full-time 2 and part-time police officer in this State to report to the 3 Board within 30 days, and the officer's sheriff or chief 4 executive officer, of his or her arrest or conviction for an 5 offense identified in this Section. Any full-time or 6 part-time police officer who knowingly makes, submits, causes 7 to be submitted, or files a false or untruthful report to the 8 Board must have his or her certificate or waiver immediately 9 decertified or revoked. 10 (d) Any person, or a local or State agency, or the Board 11 is immune from liability for submitting, disclosing, or 12 releasing information of arrests or convictions in this 13 Section as long as the information is submitted, disclosed, 14 or released in good faith and without malice. The Board has 15 qualified immunity for the release of the information. 16 (e) Any full-time or part-time police officer with a 17 certificate or waiver issued by the Board who is convicted of 18 any offense described in this Section immediately becomes 19 decertified or no longer has a valid waiver. The 20 decertification and invalidity of waivers occurs as a matter 21 of law. Failure of a convicted person to report to the Board 22 his or her conviction as described in this Section or any 23 continued law enforcement practice after receiving a 24 conviction is a Class 4 felony. 25 (f) The Board's investigators are peace officers and 26 have all the powers possessed by policemen in cities and by 27 sheriff's, provided that the investigators may exercise those 28 powers anywhere in the State, only after contact and 29 cooperation with the appropriate local law enforcement 30 authorities. 31 (g) The Board must request and receive information and 32 assistance from any federal, state, or local governmental 33 agency as part of the authorized criminal background 34 investigation. The Department of State Police must process, HB0576 Enrolled -3- LRB093 05579 MBS 05671 b 1 retain, and additionally provide and disseminate information 2 to the Board concerning criminal charges, arrests, 3 convictions, and their disposition, that have been filed 4 before, on, or after the effective date of this amendatory 5 Act of the 91st General Assembly against a basic academy 6 applicant, law enforcement applicant, or law enforcement 7 officer whose fingerprint identification cards are on file or 8 maintained by the Department of State Police. The Federal 9 Bureau of Investigation must provide the Board any criminal 10 history record information contained in its files pertaining 11 to law enforcement officers or any applicant to a Board 12 certified basic law enforcement academy as described in this 13 Act based on fingerprint identification. The Board must make 14 payment of fees to the Department of State Police for each 15 fingerprint card submission in conformance with the 16 requirements of paragraph 22 of Section 55a of the Civil 17 Administrative Code of Illinois. 18 (h) A police officer who has been certified or granted a 19 valid waiver shall also be decertified or have his or her 20 waiver revoked upon a determination by the Illinois Labor 21 Relations Board State Panel that he or she, while under oath, 22 has knowingly and willfully made false statements as to a 23 material fact going to an element of the offense of murder. 24 If an appeal is filed, the determination shall be stayed. 25 (1) In the case of an acquittal on a charge of 26 murder, a verified complaint may be filed: 27 (A) by the defendant; or 28 (B) by a police officer with personal 29 knowledge of perjured testimony. 30 The complaint must allege that a police officer, while under 31 oath, knowingly and willfully made false statements as to a 32 material fact going to an element of the offense of murder. 33 The verified complaint must be filed with the Executive 34 Director of the Illinois Law Enforcement Training Standards HB0576 Enrolled -4- LRB093 05579 MBS 05671 b 1 Board within 2 years of the judgment of acquittal. 2 (2) Within 30 days, the Executive Director of the 3 Illinois Law Enforcement Training Standards Board shall 4 review the verified complaint and determine whether the 5 verified complaint is frivolous and without merit, or 6 whether further investigation is warranted. The Illinois 7 Law Enforcement Training Standards Board shall notify the 8 officer and the Executive Director of the Illinois Labor 9 Relations Board State Panel of the filing of the 10 complaint and any action taken thereon. If the Executive 11 Director of the Illinois Law Enforcement Training 12 Standards Board determines that the verified complaint is 13 frivolous and without merit, it shall be dismissed. The 14 Executive Director of the Illinois Law Enforcement 15 Training Standards Board has sole discretion to make this 16 determination and this decision is not subject to appeal. 17 (i) If the Executive Director of the Illinois Law 18 Enforcement Training Standards Board determines that the 19 verified complaint warrants further investigation, he or she 20 shall refer the matter to a task force of investigators 21 created for this purpose. This task force shall consist of 8 22 sworn police officers: 2 from the Illinois State Police, 2 23 from the City of Chicago Police Department, 2 from county 24 police departments, and 2 from municipal police departments. 25 These investigators shall have a minimum of 5 years of 26 experience in conducting criminal investigations. The 27 investigators shall be appointed by the Executive Director of 28 the Illinois Law Enforcement Training Standards Board. Any 29 officer or officers acting in this capacity pursuant to this 30 statutory provision will have statewide police authority 31 while acting in this investigative capacity. Their salaries 32 and expenses for the time spent conducting investigations 33 under this paragraph shall be reimbursed by the Illinois Law 34 Enforcement Training Standards Board. HB0576 Enrolled -5- LRB093 05579 MBS 05671 b 1 (j) Once the Executive Director of the Illinois Law 2 Enforcement Training Standards Board has determined that an 3 investigation is warranted, the verified complaint shall be 4 assigned to an investigator or investigators. The 5 investigator or investigators shall conduct an investigation 6 of the verified complaint and shall write a report of his or 7 her findings. This report shall be submitted to the Executive 8 Director of the Illinois Labor Relations Board State Panel. 9 Within 30 days, the Executive Director of the Illinois 10 Labor Relations Board State Panel shall review the 11 investigative report and determine whether sufficient 12 evidence exists to conduct an evidentiary hearing on the 13 verified complaint. If the Executive Director of the Illinois 14 Labor Relations Board State Panel determines upon his or her 15 review of the investigatory report that a hearing should not 16 be conducted, the complaint shall be dismissed. This decision 17 is in the Executive Director's sole discretion, and this 18 dismissal may not be appealed. 19 If the Executive Director of the Illinois Labor Relations 20 Board State Panel determines that there is sufficient 21 evidence to warrant a hearing, a hearing shall be ordered on 22 the verified complaint, to be conducted by an administrative 23 law judge employed by the Illinois Labor Relations Board 24 State Panel. The Executive Director of the Illinois Labor 25 Relations Board State Panel shall inform the Executive 26 Director of the Illinois Law Enforcement Training Standards 27 Board and the person who filed the complaint of either the 28 dismissal of the complaint or the issuance of the complaint 29 for hearing. The Executive Director shall assign the 30 complaint to the administrative law judge within 30 days of 31 the decision granting a hearing. 32 (k) In the case of a finding of guilt on the offense of 33 murder, if a new trial is granted on direct appeal, or a 34 state post-conviction evidentiary hearing is ordered, based HB0576 Enrolled -6- LRB093 05579 MBS 05671 b 1 on a claim that a police officer, under oath, knowingly and 2 willfully made false statements as to a material fact going 3 to an element of the offense of murder, the Illinois Labor 4 Relations Board State Panel shall hold a hearing to determine 5 whether the officer should be decertified if an interested 6 party requests such a hearing within 2 years of the court's 7 decision. The complaint shall be assigned to an 8 administrative law judge within 30 days so that a hearing can 9 be scheduled. 10 At the hearing, the accused officer shall be afforded the 11 opportunity to: 12 (1) Be represented by counsel of his or her own 13 choosing; 14 (2) Be heard in his or her own defense; 15 (3) Produce evidence in his or her defense; 16 (4) Request that the Illinois Labor Relations Board 17 State Panel compel the attendance of witnesses and 18 production of related documents including but not limited 19 to court documents and records. 20 Once a case has been set for hearing, the verified 21 complaint shall be referred to the Department of Professional 22 Regulation. That office shall prosecute the verified 23 complaint at the hearing before the administrative law judge. 24 The Department of Professional Regulation shall have the 25 opportunity to produce evidence to support the verified 26 complaint and to request the Illinois Labor Relations Board 27 State Panel to compel the attendance of witnesses and the 28 production of related documents, including, but not limited 29 to, court documents and records. The Illinois Labor Relations 30 Board State Panel shall have the power to issue subpoenas 31 requiring the attendance of and testimony of witnesses and 32 the production of related documents including, but not 33 limited to, court documents and records and shall have the 34 power to administer oaths. HB0576 Enrolled -7- LRB093 05579 MBS 05671 b 1 The administrative law judge shall have the 2 responsibility of receiving into evidence relevant testimony 3 and documents, including court records, to support or 4 disprove the allegations made by the person filing the 5 verified complaint and, at the close of the case, hear 6 arguments. If the administrative law judge finds that there 7 is not clear and convincing evidence to support the verified 8 complaint that the police officer has, while under oath, 9 knowingly and willfully made false statements as to a 10 material fact going to an element of the offense of murder, 11 the administrative law judge shall make a written 12 recommendation of dismissal to the Illinois Labor Relations 13 Board State Panel. If the administrative law judge finds that 14 there is clear and convincing evidence that the police 15 officer has, while under oath, knowingly and willfully made 16 false statements as to a material fact that goes to an 17 element of the offense of murder, the administrative law 18 judge shall make a written recommendation so concluding to 19 the Illinois Labor Relations Board State Panel. The hearings 20 shall be transcribed. The Executive Director of the Illinois 21 Law Enforcement Training Standards Board shall be informed of 22 the administrative law judge's recommended findings and 23 decision and the Illinois Labor Relations Board State Panel's 24 subsequent review of the recommendation. 25 (l) An officer named in any complaint filed pursuant to 26 this Act shall be indemnified for his or her reasonable 27 attorney's fees and costs by his or her employer. These fees 28 shall be paid in a regular and timely manner. The State, upon 29 application by the public employer, shall reimburse the 30 public employer for the accused officer's reasonable 31 attorney's fees and costs. At no time and under no 32 circumstances will the accused officer be required to pay his 33 or her own reasonable attorney's fees or costs. 34 (m) The accused officer shall not be placed on unpaid HB0576 Enrolled -8- LRB093 05579 MBS 05671 b 1 status because of the filing or processing of the verified 2 complaint until there is a final non-appealable order 3 sustaining his or her guilt and his or her certification is 4 revoked. Nothing in this Act, however, restricts the public 5 employer from pursuing discipline against the officer in the 6 normal course and under procedures then in place. 7 (n) The Illinois Labor Relations Board State Panel shall 8 review the administrative law judge's recommended decision 9 and order and determine by a majority vote whether or not 10 there was clear and convincing evidence that the accused 11 officer, while under oath, knowingly and willfully made false 12 statements as to a material fact going to the offense of 13 murder. Within 30 days of service of the administrative law 14 judge's recommended decision and order, the parties may file 15 exceptions to the recommended decision and order and briefs 16 in support of their exceptions with the Illinois Labor 17 Relations Board State Panel. The parties may file responses 18 to the exceptions and briefs in support of the responses no 19 later than 15 days after the service of the exceptions. If 20 exceptions are filed by any of the parties, the Illinois 21 Labor Relations Board State Panel shall review the matter and 22 make a finding to uphold, vacate, or modify the recommended 23 decision and order. If the Illinois Labor Relations Board 24 State Panel concludes that there is clear and convincing 25 evidence that the accused officer, while under oath, 26 knowingly and willfully made false statements as to a 27 material fact going to an element of the offense murder, the 28 Illinois Labor Relations Board State Panel shall inform the 29 Illinois Law Enforcement Training Standards Board and the 30 Illinois Law Enforcement Training Standards Board shall 31 revoke the accused officer's certification. If the accused 32 officer appeals that determination to the Appellate Court, as 33 provided by this Act, he or she may petition the Appellate 34 Court to stay the revocation of his or her certification HB0576 Enrolled -9- LRB093 05579 MBS 05671 b 1 pending the court's review of the matter. 2 (o) None of the Illinois Labor Relations Board State 3 Panel's findings or determinations shall set any precedent in 4 any of its decisions decided pursuant to the Illinois Public 5 Labor Relations Act by the Illinois Labor Relations Board 6 State Panel or the courts. 7 (p) A party aggrieved by the final order of the Illinois 8 Labor Relations Board State Panel may apply for and obtain 9 judicial review of an order of the Illinois Labor Relations 10 Board State Panel, in accordance with the provisions of the 11 Administrative Review Law, except that such judicial review 12 shall be afforded directly in the Appellate Court for the 13 district in which the accused officer resides. Any direct 14 appeal to the Appellate Court shall be filed within 35 days 15 from the date that a copy of the decision sought to be 16 reviewed was served upon the party affected by the decision. 17 (q) Interested parties. Only interested parties to the 18 criminal prosecution in which the police officer allegedly, 19 while under oath, knowingly and willfully made false 20 statements as to a material fact going to an element of the 21 offense of murder may file a verified complaint pursuant to 22 this Section. For purposes of this Section, "interested 23 parties" shall be limited to the defendant and any police 24 officer who has personal knowledge that the police officer 25 who is the subject of the complaint has, while under oath, 26 knowingly and willfully made false statements as to a 27 material fact going to an element of the offense of murder. 28 (r) Semi-annual reports. The Executive Director of the 29 Illinois Labor Relations Board shall submit semi-annual 30 reports to the Governor, President, and Minority Leader of 31 the Senate, and to the Speaker and Minority Leader of the 32 House of Representatives beginning on June 30, 2004, 33 indicating: 34 (1) the number of verified complaints received HB0576 Enrolled -10- LRB093 05579 MBS 05671 b 1 since the date of the last report; 2 (2) the number of investigations initiated 3 since the date of the last report; 4 (3) the number of investigations concluded 5 since the date of the last report; 6 (4) the number of investigations pending as of 7 the reporting date; 8 (5) the number of hearings held since the date 9 of the last report; and 10 (6) the number of officers decertified since 11 the date of the last report. 12(h) A police officer who has been certified or granted a13valid waiver may also be decertified or have his or her14waiver revoked upon a determination by the Board that he or15she, while under oath, has knowingly and willfully made false16statements as to a material fact during a homicide17proceeding. A determination may be made only after an18investigation and hearing upon a verified complaint filed19with the Illinois Law Enforcement Training Standards Board.20No action may be taken by the Board regarding a complaint21unless a majority of the members of the Board are present at22the meeting at which the action is taken.23(1) The Board shall adopt rules governing the24investigation and hearing of a verified complaint to25assure the police officer due process and to eliminate26conflicts of interest within the Board itself.27(2) Upon receipt of the initial verified complaint,28the Board must make a finding within 30 days of receipt29of the complaint as to whether sufficient evidence exists30to support the complaint. The Board is empowered to31investigate and dismiss the complaint if it finds, by a32vote of a majority of the members present, that there is33insufficient evidence to support it. Upon the initial34filing, the sheriff or police chief, or other employingHB0576 Enrolled -11- LRB093 05579 MBS 05671 b 1agency, of the accused officer may suspend, with or2without pay, the accused officer pending a decision of3the Board. Upon a Board finding of insufficient evidence,4the police officer shall be reinstated with back pay,5benefits, and seniority status as appropriate. The6sheriff or police chief, or employing agency, shall take7such necessary action as is ordered by the Board.8(3) If the Board finds, by a vote of a majority of9the members present, that sufficient evidence exists to10support the complaint, it shall authorize a hearing11before an administrative law judge within 45 days of the12Board's finding, unless, based upon the complexity and13extent of the allegations and charges, additional time is14needed. In no event may a hearing before an15administrative law judge take place later than 60 days16after the Board's finding.17(i) The Board shall have the power and authority to18appoint administrative law judges on a contractual basis.19The Administrative law judges must be attorneys licensed to20practice law in the State of Illinois. The Board shall also21adopt rules governing the appointment of administrative law22judges and the conduct of hearings consistent with the23requirements of this Section. The administrative law judge24shall hear all evidence and prepare a written recommendation25of his or her findings to the Board. At the hearing the26accused police officer shall be afforded the opportunity to:27(1) Be represented by counsel;28(2) Be heard in his or her own defense;29(3) Produce evidence in his or her defense;30(4) Request that the Board compel the attendance of31witnesses and production of court records and documents.32(j) Once a case has been set for hearing, the person who33filed the verified complaint shall have the opportunity to34produce evidence to support any charge against a policeHB0576 Enrolled -12- LRB093 05579 MBS 05671 b 1officer that he or she, while under oath, has knowingly and2willfully made false statements as to a material fact during3a homicide proceeding.4(1) The person who filed the verified complaint5shall have the opportunity to be represented by counsel6and shall produce evidence to support his or her charges;7(2) The person who filed the verified complaint may8request the Board to compel the attendance of witnesses9and production of court records and documents.10(k) The Board shall have the power to issue subpoenas11requiring the attendance and testimony of witnesses and the12production of court records and documents and shall have the13power to administer oaths.14(l) The administrative law judge shall have the15responsibility of receiving into evidence relevant testimony16and documents, including court records, to support or17disprove the allegations made by the person filing the18verified complaint, and, at the close of the case, hear19arguments. If the administrative law judge finds that there20is not clear and convincing evidence to support the verified21complaint that the police officer has, while under oath,22knowingly and willfully made false statements as to a23material fact during a homicide proceeding, the24administrative law judge shall make a written recommendation25of dismissal to the Board. If the administrative law judge26finds that there is clear and convincing evidence to support27the verified complaint that the police officer has, while28under oath, knowingly and willfully made false statements as29to a material fact during a homicide proceeding, the30administrative law judge shall make a written recommendation31of decertification to the Board.32(m) Any person, with the exception of the police officer33who is the subject of the hearing, who is served by the Board34with a subpoena to appear, testify or produce evidence andHB0576 Enrolled -13- LRB093 05579 MBS 05671 b 1refuses to comply with the subpoena is guilty of a Class B2misdemeanor. Any circuit court or judge, upon application by3the Board, may compel compliance with a subpoena issued by4the Board.5(n) Within 15 days of receiving the recommendation, the6Board shall consider the recommendation of the administrative7law judge and the record of the hearing at a Board meeting.8If, by a two-thirds vote of the members present at the Board9meeting, the Board finds that there is clear and convincing10evidence that the police officer has, while under oath,11knowingly and willfully made false statements as to a12material fact during a homicide proceeding, the Board shall13order that the police officer be decertified as a full-time14or part-time police officer. If less than two-thirds of the15members present vote to decertify the police officer, the16Board shall dismiss the complaint.17(o) The provisions of the Administrative Review Law18shall govern all proceedings for the judicial review of any19order rendered by the Board. The moving party shall pay the20reasonable costs of preparing and certifying the record for21review. If the moving party is the police officer and he or22she prevails, the court may award the police officer actual23costs incurred in all proceedings, including reasonable24attorney fees. If the court awards the police officer the25actual costs incurred in a proceeding, including reasonable26attorney fees, the costs and attorney fees shall be paid,27subject to appropriation, from the Illinois Law Enforcement28Training Standards Board Costs and Attorney Fees Fund, a29special fund that is created in the State Treasury. The Fund30shall consist of moneys appropriated or transferred into the31Fund for the purpose of making payments of costs and attorney32fees in accordance with this subsection (o). The Illinois Law33Enforcement Training Standards Board shall administer the34Fund and adopt rules for the administration of the Fund andHB0576 Enrolled -14- LRB093 05579 MBS 05671 b 1for the submission and disposition of claims for costs and2attorney fees in accordance with this subsection (o).3(p) If the police officer is decertified under4subsection (h), the Board shall notify the defendant who was5a party to the proceeding that resulted in the police6officer's decertification and his or her attorney of the7Board's decision. Notification shall be by certified mail,8return receipt requested, sent to the party's last known9address and to the party's attorney if any.10(q) Limitation of action.11(1) No complaint may be filed pursuant to this12Section until after a verdict or other disposition is13rendered in the underlying case or the underlying case is14dismissed in the trial court.15(2) A complaint pursuant to this Section may not be16filed more than 2 years after the final resolution of the17case. For purposes of this Section, final resolution is18defined as the trial court's ruling on the State19post-conviction proceeding in the case in which it is20alleged the police officer, while under oath, knowingly21and willfully made false statements as to a material fact22during a homicide proceeding. In the event a23post-conviction petition is not filed, an action pursuant24to this Section may not be commenced more than 2 years25after the denial of a petition for certiorari to the26United States Supreme Court, or if no petition for27certiorari is filed, 2 years after the date such a28petition should have been filed. In the event of an29acquittal, no proceeding may be commenced pursuant to30this Section more than 6 years after the date upon which31judgment on the verdict of acquittal was entered.32(r) Interested parties. Only interested parties to the33criminal prosecution in which the police officer allegedly,34while under oath, knowingly and willfully made falseHB0576 Enrolled -15- LRB093 05579 MBS 05671 b 1statements as to a material fact during a homicide proceeding2may file a verified complaint pursuant to this Section. For3purposes of this Section, "interested parties" include the4defendant and any police officer who has personal knowledge5that the police officer who is the subject of the complaint6has, while under oath, knowingly and willfully made false7statements as to a material fact during a homicide8proceeding.9 (Source: 93SB472enr.) 10 Section 10. If and only if Senate Bill 472 of the 93rd 11 General Assembly becomes law by the override of the 12 Governor's amendatory veto, the Code of Criminal Procedure of 13 1963 is amended by changing Section 107A-10 as follows: 14 (725 ILCS 5/107A-10) 15 Sec. 107A-10. Pilot study on sequential lineup 16 procedures. 17 (a) Legislative intent. Because the goal of a police 18 investigation is to apprehend the person or persons 19 responsible for committing a crime, it is useful to conduct a 20 pilot study in the field on the effectiveness of the 21 sequential method for lineup procedures. 22 (b) Establishment of pilot jurisdictions. The Department 23 of State Police shall select 3 police departments to 24 participate in a one-year pilot study on the effectiveness of 25 the sequential lineup method for photo and live lineup 26 procedures. One such pilot jurisdiction shall be a police 27 district within a police department in a municipality whose 28 population is at least 500,000 residents; one such pilot 29 jurisdiction shall be a police department in a municipality 30 whose population is at least 100,000 but less than 500,000; 31 and one such pilot jurisdiction shall be a police department 32 in a municipality whose population is less than 100,000. All HB0576 Enrolled -16- LRB093 05579 MBS 05671 b 1 such pilot jurisdictions shall be selected no later than July 2January1, 2004. 3 (c) Sequential lineup procedures in pilot jurisdictions. 4 For any offense alleged to have been committed in a pilot 5 jurisdiction on or after JulyJanuary1, 2004, selected 6 lineup identification procedure shall be presented in the 7 sequential method in which a witness is shown lineup 8 participants one at a time, using the following procedures: 9 (1) The witness shall be requested to state whether 10 the individual shown is the perpetrator of the crime 11 prior to viewing the next lineup participant. Only one 12 member of the lineup shall be a suspect and the remainder 13 shall be "fillers" who are not suspects but fit the 14 general description of the offender without the suspect 15 unduly standing out; 16 (2) The lineup administrator shall be someone who 17 is not aware of which member of the lineup is the suspect 18 in the case; and 19 (3) Prior to presenting the lineup using the 20 sequential method the lineup administrator shall: 21 (A) Inform the witness that the perpetrator 22 may or may not be among those shown, and the witness 23 should not feel compelled to make an identification; 24 (B) Inform the witness that he or she will 25 view individuals one at a time and will be requested 26 to state whether the individual shown is the 27 perpetrator of the crime, prior to viewing the next 28 lineup participant; and 29 (C) Ask the witness to state in his or her own 30 words how sure he or she is that the person 31 identified is the actual offender. During the 32 statement, or as soon thereafter as reasonably 33 possible, the witness's actual words shall be 34 documented. HB0576 Enrolled -17- LRB093 05579 MBS 05671 b 1 (d) Application. This Section applies to selected live 2 lineups that are composed and presented at a police station 3 and to selected photo lineups regardless of where presented; 4 provided that this Section does not apply in police 5 investigations in which a spontaneous identification is 6 possible and no lineup procedure is being used. This Section 7 does not affect the right to counsel afforded by the U.S. or 8 Illinois Constitutions or State law at any stage of a 9 criminal proceeding. 10 (e) Selection of lineups. The participating 11 jurisdictions shall develop a protocol for the selection and 12 administration of lineups which is practical, designed to 13 elicit information for comparative evaluation purposes, and 14 is consistent with objective scientific research methodology. 15 (f) Training and administrators. The Department of State 16 Police shall offer training to police officers and any other 17 appropriate personnel on the sequential method of conducting 18 lineup procedures in the pilot jurisdictions and the 19 requirements of this Section. The Department of State Police 20 may seek funding for training and administration from the 21 Illinois Criminal Justice Information Authority and the 22 Illinois Law Enforcement Training Standards Board if 23 necessary. 24 (g) Report on the pilot study. The Department of State 25 Police shall gather information from each of the 26 participating police departments selected as a pilot 27 jurisdiction with respect to the effectiveness of the 28 sequential method for lineup procedures and shall file a 29 report of its findings with the Governor and the General 30 Assembly no later than SeptemberApril1, 2005. 31 (Source: 93SB472enr.) 32 Section 95. The amendatory changes to Section 6.1 of the 33 Illinois Police Training Act made by this amendatory Act of HB0576 Enrolled -18- LRB093 05579 MBS 05671 b 1 the 93rd General Assembly and the provisions of Section 2 107A-10 of the Code of Criminal Procedure of 1963 made by 3 this amendatory Act of the 93rd General Assembly supersede 4 the amendatory changes made to Section 6.1 of the Illinois 5 Police Training Act and the provisions of Section 107A-10 of 6 the Code of Criminal Procedures of 1963 added by Senate Bill 7 472 of the 93rd General Assembly, if Senate Bill 472 of the 8 93rd General Assembly becomes law. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.