Illinois General Assembly - Full Text of SB3351
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Full Text of SB3351  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Sen. Kwame Raoul


725 ILCS 5/107A-5

    Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning lineup and photo spread procedure.

LRB097 18563 RLC 63795 b





SB3351LRB097 18563 RLC 63795 b

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



SB3351- 2 -LRB097 18563 RLC 63795 b

1    (c) Suspects in a lineup or photo spread should not appear
2to be substantially different from "fillers" or "distracters"
3in the lineup or photo spread, based on the eyewitness'
4previous description of the perpetrator, or based on other
5factors that would draw attention to the suspect.
6(Source: P.A. 93-605, eff. 11-19-03.)