093_HB3346

 
                                     LRB093 09625 RLC 09863 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended by  adding Section 115-21 as follows:

 6        (725 ILCS 5/115-21 new)
 7        Sec.  115-21. Eyewitness testimony.  In a  criminal  case
 8    tried  by  a  jury    in  which eyewitness testimony has been
 9    admitted into evidence, at the close   of  arguments  in  the
10    case,  the  court  shall  instruct  the  jury  to consider in
11    weighing the identification testimony of a witness,  all  the
12    facts  and    circumstances  in  evidence, including, but not
13    limited to, the following:
14             (1)  the opportunity the witness  had  to  view  the
15        offender at the time of  the offense;
16             (2)  the  witness's  degree of attention at the time
17        of the offense;
18             (3)  the  witness's  earlier  description   of   the
19        offender;
20             (4)  the  level  of  certainty  shown by the witness
21        when confronting the  defendant;
22             (5)  the length of time between the offense and  the
23        identification  confrontation;
24             (6)  if  applicable  in  the case, the difficulty of
25        making a cross-racial  identification; and
26             (7)  that eyewitness testimony should  be  carefully
27        examined in light of  other evidence in the case.