Illinois General Assembly - Full Text of HB2960
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Full Text of HB2960  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Scott Drury


725 ILCS 5/107A-0.1 new
725 ILCS 5/107A-2 new
725 ILCS 5/107A-5 rep.
725 ILCS 5/107A-10 rep.

    Amends the Code of Criminal Procedure of 1963. Requires State, county, and local law enforcement to use identification lineup procedures, if practicable, that the administrator conducting the lineup shall not be aware of which person in the lineup or photo spread is suspected as the perpetrator of the offense under investigation. If it is not practicable to have an unaware administrator, the reason shall be explained in a report prepared prior to the lineup, or if a photo spread the spread shall be conducted by the use of a folder shuffle method, computer program, or other comparable method so that the person conducting the procedure does not know which photograph the eyewitness is viewing during the procedure. A lineup of persons or a photo spread lineup shall be presented to witnesses sequentially, with each person or photo presented separately and then removed before the next person or photo is viewed. If practicable an audio video or audio recording shall be made of the entire identification procedure and if not practicable a detailed written report stating the reason the recording could not be made. Provides instructions to the eyewitness to whom the identification procedure is presented. Sets forth procedures for conducting identification procedures. Provides remedies for failure to comply with identification procedures. Repeals current lineup and photo spread procedures. Repeals an expired pilot study on sequential lineup procedures.

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HB2960LRB098 09208 MRW 41410 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 adding Sections 107A-0.1 and 107A-2 as follows:
6    (725 ILCS 5/107A-0.1 new)
7    Sec. 107A-0.1. Definitions.
8    For the purposes of this Article:
9        "Eyewitness" means a person whose identification by
10    sight of another person may be relevant in a criminal
11    proceeding.
12        "Filler" means a person or a photograph of a person who
13    is not suspected of an offense and is included in a lineup.
14        "Independent administrator" means a lineup
15    administrator who is not participating in the
16    investigation of the criminal offense and is unaware of
17    which person in the lineup is the suspect.
18        "Lineup" includes a photo lineup or live lineup.
19        "Lineup administrator" means the person who conducts a
20    lineup.
21        "Live lineup" means a procedure in which a group of
22    persons are displayed to an eyewitness for the purpose of
23    determining if the eyewitness is able to identify the



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1    perpetrator of a crime.
2        "Photo lineup" means a procedure in which an array of
3    photographs is displayed to an eyewitness for the purpose
4    of determining if the eyewitness is able to identify the
5    perpetrator of a crime.
6    (725 ILCS 5/107A-2 new)
7    Sec. 107A-2. Eyewitness identification procedure.
8    (a) Lineups conducted by State, county, and other local law
9enforcement officers shall meet all of the following
11        (1) A lineup shall be conducted by an independent
12    administrator, unless it is not practical. In those
13    instances where the use of an independent administrator is
14    not practical, one of the alternative procedures described
15    in subsection (c) of this Section shall be used.
16        (2) Persons or photos shall be presented to witnesses
17    sequentially, with each person or photo presented to the
18    witness separately, in a previously determined order, and
19    removed after it is viewed before the next individual or
20    photo is presented.
21        (3) Before a lineup, the eyewitness shall be instructed
22    that:
23            (A) the perpetrator may or may not be presented in
24        the lineup;
25            (B) the lineup administrator does not know the



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1        suspect's identity;
2            (C) the eyewitness should not feel compelled to
3        make an identification;
4            (D) it is as important to exclude innocent persons
5        as it is to identify the perpetrator; and
6            (E) the investigation will continue whether or not
7        an identification is made.
8        (4) The eyewitness shall acknowledge the receipt of the
9    instructions in writing. If the eyewitness refuses to sign,
10    the lineup administrator shall note the refusal of the
11    eyewitness to sign the acknowledgement and shall also sign
12    the acknowledgement.
13        (5) In a photo lineup, the photograph of the suspect
14    shall be contemporary and, to the extent practicable, shall
15    resemble the suspect's appearance at the time of the
16    offense.
17        (6) The lineup shall be composed so that the fillers
18    generally resemble the eyewitness's description of the
19    perpetrator, while ensuring that the suspect does not
20    unduly stand out from the fillers. In addition:
21            (A) All fillers selected shall resemble, as much as
22        practicable, the eyewitness's description of the
23        perpetrator in significant features, including any
24        unique or unusual features.
25            (B) At least 5 fillers shall be included in a photo
26        lineup, in addition to the suspect.



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1            (C) At least 5 fillers shall be included in a live
2        lineup, in addition to the suspect.
3            (D) If the eyewitness has previously viewed a photo
4        lineup or live lineup in connection with the
5        identification of another person suspected of
6        involvement in the offense, the fillers in the lineup
7        in which the current suspect participates shall be
8        different from the fillers used in any prior lineups.
9        (7) If there are multiple eyewitnesses, the suspect
10    shall be placed in a different position in the lineup or
11    photo array for each eyewitness.
12        (8) In a lineup, no writings or information concerning
13    any previous arrest, indictment, or conviction of the
14    suspect shall be visible or made known to the eyewitness.
15        (9) In a live lineup, any identifying actions, such as
16    speech, gestures, or other movements, shall be performed by
17    all lineup participants.
18        (10) In a live lineup, all lineup participants must be
19    out of view of the eyewitness prior to the lineup.
20        (11) Only one suspect shall be included in a lineup.
21        (12) Nothing shall be said to the eyewitness regarding
22    the suspect's position in the lineup or regarding anything
23    that might influence the eyewitness's identification.
24        (13) Solely at the witness' request, a lineup
25    administrator may present an person or photo to the witness
26    an additional time but only after the witness has first



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1    viewed each person or photo one time.
2        (14) The lineup administrator shall obtain and
3    document a clear statement from the eyewitness, at the time
4    of the identification and in the eyewitness's own words, as
5    to the eyewitness's confidence level that the person
6    identified in a given lineup is the perpetrator. The lineup
7    administrator shall separate all witnesses in order to
8    discourage witnesses from conferring with one another
9    before or during the procedure. Each witness shall be given
10    instructions regarding the identification procedures
11    without other witnesses present.
12        (15) If the eyewitness identifies a person as the
13    perpetrator, the lineup administrator shall continue to
14    sequentially present the remaining persons or photos to the
15    witness until the witness has viewed each person or photo.
16        (16) If the eyewitness identifies a person as the
17    perpetrator, the eyewitness shall not be provided any
18    information concerning the person before the lineup
19    administrator obtains the eyewitness's confidence level
20    statement about the selection. There shall not be anyone
21    present during the live lineup or photographic
22    identification procedures who knows the suspect's
23    identity, except the eyewitness and counsel as required by
24    law.
25        (17) Unless it is not practical, a video record of live
26    identification procedures shall be made. If a video record



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1    is not practical:
2            (A) the reasons shall be documented in an official
3        report prepared prior to conducting the eyewitness
4        identification procedure and verified under oath as
5        provided in Section 2-605 of the Code of Civil
6        Procedure attesting to the veracity of the report; and
7            (B) an audio record shall be made.
8        (18) If neither a video nor audio record are practical:
9            (A) the reasons shall be documented in an official
10        report prepared prior to conducting the eyewitness
11        identification procedure and verified under oath as
12        provided in Section 2-605 of the Code of Civil
13        Procedure attesting to the veracity of the report; and
14            (B) the lineup administrator shall make a written
15        record of the lineup.
16        (19) Whether video, audio, or in writing, the record
17    shall include the all of the following information:
18            (A) All identification and non-identification
19        results obtained during the identification procedure,
20        signed by the eyewitness, including the eyewitness's
21        confidence level statement. If the eyewitness refuses
22        to sign, the lineup administrator shall note the
23        refusal of the eyewitness to sign the results and shall
24        also sign the notation.
25            (B) The names of all persons present at the lineup.
26            (C) The date, time, and location of the lineup.



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1            (D) The words used by the eyewitness in any
2        identification, including words that describe the
3        eyewitness's certainty of identification.
4            (E) Whether it was a photo lineup or live lineup
5        and how many persons or photos were presented in the
6        lineup.
7            (F) The sources of all photographs or persons used.
8            (G) In a photo lineup, the photographs themselves.
9            (H) In a live lineup, a photo or other visual
10        recording of the lineup that includes all persons who
11        participated in the lineup.
12    (b) In addition to the recordings otherwise provided for in
13this Section, all lineups shall be photographed. These
14photographs, recordings, and if recordings were not
15practicable the detailed written explanation shall be
16disclosed to the accused and his or her defense counsel during
17discovery proceedings as provided in Illinois Supreme Court
18Rules. All photographs of suspects shown to an eyewitness
19during the photo spread shall be disclosed to the accused and
20his or her defense counsel during discovery proceedings as
21provided in Illinois Supreme Court Rules.
22    (c) If it is not practical for an independent administrator
23to conduct a lineup, the reasons for not using an independent
24administrator shall be made in an official report prepared
25prior to conducting the eyewitness identification procedure
26and verified under oath as provided in Section 2-605 of the



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1Code of Civil Procedure attesting to the veracity of the
2report. In those instances where an independent administrator
3cannot be used, one of the following alternative methods shall
4be used:
5        (1) Automated computer programs that can automatically
6    administer the photo lineup directly to an eyewitness and
7    prevent the administrator from seeing which photo the
8    witness is viewing until after the procedure is completed.
9        (2) A procedure in which photographs are placed in
10    folders, randomly numbered, and shuffled and then
11    presented to an eyewitness such that the administrator
12    cannot see or track which photograph is being presented to
13    the witness until after the procedure is completed.
14        (3) Any other procedures that achieve neutral
15    administration.
16    (d) All of the following shall be available as consequences
17of compliance or noncompliance with the requirements of this
19        (1) Failure to comply with any of the requirements of
20    this Section shall be considered by the court in
21    adjudicating motions to suppress eyewitness
22    identification.
23        (2) Failure to comply with any of the requirements of
24    this Section shall be admissible in support of claims of
25    eyewitness misidentification, as long as this evidence is
26    otherwise admissible.



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1        (3) When evidence of compliance or noncompliance with
2    the requirements of this Section has been presented at
3    trial, the jury shall be instructed that it may consider
4    credible evidence of compliance or noncompliance to
5    determine the reliability of eyewitness identifications.
6    (725 ILCS 5/107A-5 rep.)
7    (725 ILCS 5/107A-10 rep.)
8    Section 10. The Code of Criminal Procedure of 1963 is
9amended by repealing Sections 107A-5 and 107A-10.