093_HB0576sam002











                                     LRB093 05579 RLC 19830 a

 1                     AMENDMENT TO HOUSE BILL 576

 2        AMENDMENT NO.     .  Amend House Bill  576,  AS  AMENDED,
 3    with  reference  to  the  page  and  line  numbers  of Senate
 4    Amendment No. 1, on page 3, line 32,  by  changing  "may"  to
 5    "shall"; and

 6    on  page  15  by  inserting  between  lines  22  and  23  the
 7    following:

 8        "Section  10.  If and only if Senate Bill 472 of the 93rd
 9    General  Assembly  becomes  law  by  the  override   of   the
10    Governor's amendatory veto, the Code of Criminal Procedure of
11    1963 is amended by changing Section 107A-10 as follows:

12        (725 ILCS 5/107A-10)
13        Sec.   107A-10.  Pilot   study   on   sequential   lineup
14    procedures.
15        (a)  Legislative  intent.  Because  the  goal of a police
16    investigation  is  to  apprehend  the   person   or   persons
17    responsible for committing a crime, it is useful to conduct a
18    pilot  study  in  the  field  on  the  effectiveness  of  the
19    sequential method for lineup procedures.
20        (b)  Establishment of pilot jurisdictions. The Department
21    of   State  Police  shall  select  3  police  departments  to
 
                            -2-      LRB093 05579 RLC 19830 a
 1    participate in a one-year pilot study on the effectiveness of
 2    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 July
11    January 1, 2004.
12        (c)  Sequential lineup procedures in pilot jurisdictions.
13    For any offense alleged to have been  committed  in  a  pilot
14    jurisdiction  on  or  after  July  January  1, 2004, selected
15    lineup identification procedure shall  be  presented  in  the
16    sequential   method  in  which  a  witness  is  shown  lineup
17    participants one at a time, using the following procedures:
18             (1)  The witness shall be requested to state whether
19        the individual shown is  the  perpetrator  of  the  crime
20        prior  to  viewing  the next lineup participant. Only one
21        member of the lineup shall be a suspect and the remainder
22        shall be "fillers" who  are  not  suspects  but  fit  the
23        general  description  of the offender without the suspect
24        unduly standing out;
25             (2)  The lineup administrator shall be  someone  who
26        is not aware of which member of the lineup is the suspect
27        in the case; and
28             (3)  Prior   to  presenting  the  lineup  using  the
29        sequential method the lineup administrator shall:
30                  (A)  Inform the witness  that  the  perpetrator
31             may or may not be among those shown, and the witness
32             should not feel compelled to make an identification;
33                  (B)  Inform  the  witness  that  he or she will
34             view individuals one at a time and will be requested
 
                            -3-      LRB093 05579 RLC 19830 a
 1             to  state  whether  the  individual  shown  is   the
 2             perpetrator  of the crime, prior to viewing the next
 3             lineup participant; and
 4                  (C)  Ask the witness to state in his or her own
 5             words  how  sure  he  or  she  is  that  the  person
 6             identified  is  the  actual  offender.   During  the
 7             statement,  or  as  soon  thereafter  as  reasonably
 8             possible,  the  witness's  actual  words  shall   be
 9             documented.
10        (d)  Application.   This Section applies to selected live
11    lineups that are composed and presented at a  police  station
12    and  to selected photo lineups regardless of where presented;
13    provided  that  this  Section  does  not  apply   in   police
14    investigations  in  which  a  spontaneous  identification  is
15    possible  and no lineup procedure is being used. This Section
16    does not affect the right to counsel afforded by the U.S.  or
17    Illinois  Constitutions  or  State  law  at  any  stage  of a
18    criminal proceeding.
19        (e)  Selection    of    lineups.    The     participating
20    jurisdictions  shall develop a protocol for the selection and
21    administration of lineups which  is  practical,  designed  to
22    elicit  information  for comparative evaluation purposes, and
23    is consistent with objective scientific research methodology.
24        (f)  Training and administrators. The Department of State
25    Police shall offer training to police officers and any  other
26    appropriate  personnel on the sequential method of conducting
27    lineup  procedures  in  the  pilot  jurisdictions   and   the
28    requirements  of this Section. The Department of State Police
29    may seek funding for training  and  administration  from  the
30    Illinois  Criminal  Justice  Information  Authority  and  the
31    Illinois   Law   Enforcement   Training  Standards  Board  if
32    necessary.
33        (g)  Report on the pilot study.  The Department of  State
34    Police   shall   gather   information   from   each   of  the
 
                            -4-      LRB093 05579 RLC 19830 a
 1    participating  police  departments  selected   as   a   pilot
 2    jurisdiction   with  respect  to  the  effectiveness  of  the
 3    sequential method for lineup  procedures  and  shall  file  a
 4    report  of  its  findings  with  the Governor and the General
 5    Assembly no later than September April 1, 2005.
 6    (Source: 93SB472enr.)"; and

 7    on page 15,  line  25,  by  inserting  after  "Assembly"  the
 8    following:
 9    "and  the  provisions  of  Section  107A-10  of  the  Code of
10    Criminal Procedure of 1963 made by this amendatory Act of the
11    93rd General Assembly"; and

12    on page 15, line 26, by inserting after "Act" the following:
13    "and the  provisions  of  Section  107A-10  of  the  Code  of
14    Criminal Procedures of 1963 added".