093_HB3375
LRB093 09583 RLC 09821 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 Article 107A as follows:
6 (725 ILCS 5/ Art. 107A heading new)
7 ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURES
8 IN HOMICIDE CASES
9 (725 ILCS 5/107A-5 new)
10 Sec. 107A-5. Lineup and photo spread procedures in
11 homicide cases.
12 (a) For a homicide offense alleged to have been
13 committed on or after the effective date of this amendatory
14 Act of the 93rd General Assembly, the lineup or photo spread
15 shall be conducted to insure that all persons in the lineup
16 or photo spread fit the general description of the suspect.
17 (b) Whenever possible, the lineup or photo spread
18 administrator in a homicide case shall be someone who is not
19 aware of which member of the lineup or photo spread is the
20 suspect in the case. Prior to presenting the lineup or photo
21 spread, the lineup or photo spread administrator shall:
22 (1) inform the witness that the perpetrator may or
23 may not be among those shown, and the witness should not
24 feel compelled to make an identification; and
25 (2) inform the witness that he or she should not
26 assume that the lineup or photo spread administrator
27 knows which person is the suspect in the case.
28 (c) During the lineup or photo spread, the lineup or
29 photo spread administrator shall ask the witness to state in
30 his or her own words how sure he or she is that the person
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1 identified is the actual suspect, and make the witness's
2 words part of the record.
3 (d) This Section applies to any live lineups in homicide
4 cases that are composed and presented at a police station,
5 and to all photo lineups in homicide cases regardless of
6 where presented.