(725 ILCS 5/107A‑5) Sec. 107A‑5. Lineup and photo spread procedure. (a) All lineups shall be photographed or otherwise recorded. These
photographs shall
be disclosed to the accused and his or her defense counsel during discovery
proceedings as provided in Illinois Supreme Court Rules. All photographs
of suspects shown to an eyewitness during the photo spread shall be
disclosed to the accused and his or her defense counsel during discovery
proceedings as provided in Illinois Supreme Court Rules. (b) Each eyewitness who views a lineup or photo spread shall
sign a form containing the following information:
(1) The suspect might not be in the lineup or photo
spread and the eyewitness is not obligated to make an identification.
(2) The eyewitness should not assume that the person
administering the lineup or photo spread knows which person is the suspect in the case.
(c) Suspects in a lineup or photo spread should not appear to be
substantially different from "fillers" or "distracters" in the lineup or photo
spread, based on the eyewitness' previous description of the perpetrator, or
based on other factors that would draw attention to the suspect.
(Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑10) Sec. 107A‑10. Pilot study on sequential lineup procedures.
(a) Legislative intent. Because the goal of a police
investigation is to apprehend the person or persons responsible for committing
a crime, it is useful to conduct a pilot study in the field on the
effectiveness of the sequential method for lineup procedures.
(b) Establishment of pilot jurisdictions. The Department of State Police
shall
select 3 police departments to participate in a one‑year pilot study on the
effectiveness of the sequential lineup method for photo and live lineup
procedures. One such pilot jurisdiction shall be a police district within a
police department in a municipality whose population is at least 500,000
residents; one such pilot jurisdiction shall be a police department in a
municipality whose population is at least 100,000 but less than 500,000; and
one
such pilot jurisdiction shall be a police department in a municipality whose
population is less than 100,000. All such pilot jurisdictions shall be selected
no later than July 1, 2004.
(c) Sequential lineup procedures in pilot jurisdictions.
For any offense alleged to have been committed in a pilot jurisdiction on or
after July 1, 2004, selected lineup identification procedure
shall be presented in
the sequential method in which a witness is shown lineup participants one at a
time, using the following procedures:
(1) The witness shall be requested to state whether
the individual shown is the perpetrator of the crime prior to viewing the next lineup participant. Only one member of the lineup shall be a suspect and the remainder shall be "fillers" who are not suspects but fit the general description of the offender without the suspect unduly standing out;
(2) The lineup administrator shall be someone who is
not aware of which member of the lineup is the suspect in the case; and
(3) Prior to presenting the lineup using the
sequential method the lineup administrator shall:
(A) Inform the witness that the perpetrator may
or may not be among those shown, and the witness should not feel compelled to make an identification;
(B) Inform the witness that he or she will view
individuals one at a time and will be requested to state whether the individual shown is the perpetrator of the crime, prior to viewing the next lineup participant; and
(C) Ask the witness to state in his or her own
words how sure he or she is that the person identified is the actual offender. During the statement, or as soon thereafter as reasonably possible, the witness's actual words shall be documented.
(d) Application. This Section applies to selected live lineups that are
composed
and presented
at a
police station and to selected photo lineups regardless of where presented;
provided
that this Section does not apply in police investigations in which a
spontaneous
identification is possible and no lineup procedure is being used. This Section
does not affect the right to counsel afforded by the U.S. or Illinois
Constitutions or State law at any stage of a criminal proceeding.
(e) Selection of lineups.
The participating jurisdictions shall develop a protocol for the selection and
administration of lineups which is practical, designed to elicit information
for comparative evaluation purposes, and is consistent with objective
scientific research methodology.
(f) Training and administrators. The Department of State Police shall offer
training to police officers and any other appropriate personnel on the
sequential
method of conducting lineup procedures in the pilot jurisdictions and the
requirements of this Section. The Department of State Police may seek funding
for training and administration from the Illinois Criminal Justice Information
Authority and the
Illinois Law Enforcement Training Standards Board if necessary.
(g) Report on the pilot study. The Department of State Police shall gather
information from each of the participating police departments selected as a
pilot
jurisdiction with respect to the effectiveness of the sequential method for
lineup procedures and shall file a report of its findings with the Governor and
the General Assembly no later than September 1, 2005.
(Source: P.A. 93‑605, eff. 11‑19‑03; 93‑655, eff. 1‑20‑04.)
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