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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3351 Introduced 2/7/2012, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
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Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning lineup and photo spread procedure.
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| | A BILL FOR |
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| | SB3351 | | LRB097 18563 RLC 63795 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 107A-5 as follows:
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| 6 | | (725 ILCS 5/107A-5)
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| 7 | | Sec. 107A-5. Lineup and photo spread procedure.
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| 8 | | (a) All lineups shall shall be photographed or otherwise |
| 9 | | recorded. These
photographs shall
be disclosed to the accused |
| 10 | | and his or her defense counsel during discovery
proceedings as |
| 11 | | provided in Illinois Supreme Court Rules. All photographs
of |
| 12 | | suspects shown to an eyewitness during the photo spread shall |
| 13 | | be
disclosed to the accused and his or her defense counsel |
| 14 | | during discovery
proceedings as provided in Illinois Supreme |
| 15 | | Court Rules.
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| 16 | | (b) Each eyewitness who views a lineup or photo spread |
| 17 | | shall
sign a form containing the following information:
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| 18 | | (1) The suspect might not be in the lineup or photo
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| 19 | | spread and the eyewitness is not obligated to make an
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| 20 | | identification.
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| 21 | | (2) The eyewitness should not assume that the person
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| 22 | | administering the lineup or photo spread knows which
person |
| 23 | | is the suspect in the case.
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