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093_HB0576enr
HB0576 Enrolled LRB093 05579 MBS 05671 b
1 AN ACT in relation to police officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. If and only if Senate Bill 472 of the 93rd
5 General Assembly becomes law by the override of the
6 Governor's amendatory veto, the Illinois Police Training Act
7 is amended by changing Section 6.1 as follows:
8 (50 ILCS 705/6.1)
9 Sec. 6.1. Decertification of full-time and part-time
10 police officers.
11 (a) The Board must review police officer conduct and
12 records to ensure that no police officer is certified or
13 provided a valid waiver if that police officer has been
14 convicted of a felony offense under the laws of this State or
15 any other state which if committed in this State would be
16 punishable as a felony. The Board must also ensure that no
17 police officer is certified or provided a valid waiver if
18 that police officer has been convicted on or after the
19 effective date of this amendatory Act of 1999 of any
20 misdemeanor specified in this Section or if committed in any
21 other state would be an offense similar to Section 11-6,
22 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
23 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal
24 Code of 1961 or to Section 5 or 5.2 of the Cannabis Control
25 Act. The Board must appoint investigators to enforce the
26 duties conferred upon the Board by this Act.
27 (b) It is the responsibility of the sheriff or the chief
28 executive officer of every local law enforcement agency or
29 department within this State to report to the Board any
30 arrest or conviction of any officer for an offense identified
31 in this Section.
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1 (c) It is the duty and responsibility of every full-time
2 and part-time police officer in this State to report to the
3 Board within 30 days, and the officer's sheriff or chief
4 executive officer, of his or her arrest or conviction for an
5 offense identified in this Section. Any full-time or
6 part-time police officer who knowingly makes, submits, causes
7 to be submitted, or files a false or untruthful report to the
8 Board must have his or her certificate or waiver immediately
9 decertified or revoked.
10 (d) Any person, or a local or State agency, or the Board
11 is immune from liability for submitting, disclosing, or
12 releasing information of arrests or convictions in this
13 Section as long as the information is submitted, disclosed,
14 or released in good faith and without malice. The Board has
15 qualified immunity for the release of the information.
16 (e) Any full-time or part-time police officer with a
17 certificate or waiver issued by the Board who is convicted of
18 any offense described in this Section immediately becomes
19 decertified or no longer has a valid waiver. The
20 decertification and invalidity of waivers occurs as a matter
21 of law. Failure of a convicted person to report to the Board
22 his or her conviction as described in this Section or any
23 continued law enforcement practice after receiving a
24 conviction is a Class 4 felony.
25 (f) The Board's investigators are peace officers and
26 have all the powers possessed by policemen in cities and by
27 sheriff's, provided that the investigators may exercise those
28 powers anywhere in the State, only after contact and
29 cooperation with the appropriate local law enforcement
30 authorities.
31 (g) The Board must request and receive information and
32 assistance from any federal, state, or local governmental
33 agency as part of the authorized criminal background
34 investigation. The Department of State Police must process,
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1 retain, and additionally provide and disseminate information
2 to the Board concerning criminal charges, arrests,
3 convictions, and their disposition, that have been filed
4 before, on, or after the effective date of this amendatory
5 Act of the 91st General Assembly against a basic academy
6 applicant, law enforcement applicant, or law enforcement
7 officer whose fingerprint identification cards are on file or
8 maintained by the Department of State Police. The Federal
9 Bureau of Investigation must provide the Board any criminal
10 history record information contained in its files pertaining
11 to law enforcement officers or any applicant to a Board
12 certified basic law enforcement academy as described in this
13 Act based on fingerprint identification. The Board must make
14 payment of fees to the Department of State Police for each
15 fingerprint card submission in conformance with the
16 requirements of paragraph 22 of Section 55a of the Civil
17 Administrative Code of Illinois.
18 (h) A police officer who has been certified or granted a
19 valid waiver shall also be decertified or have his or her
20 waiver revoked upon a determination by the Illinois Labor
21 Relations Board State Panel that he or she, while under oath,
22 has knowingly and willfully made false statements as to a
23 material fact going to an element of the offense of murder.
24 If an appeal is filed, the determination shall be stayed.
25 (1) In the case of an acquittal on a charge of
26 murder, a verified complaint may be filed:
27 (A) by the defendant; or
28 (B) by a police officer with personal
29 knowledge of perjured testimony.
30 The complaint must allege that a police officer, while under
31 oath, knowingly and willfully made false statements as to a
32 material fact going to an element of the offense of murder.
33 The verified complaint must be filed with the Executive
34 Director of the Illinois Law Enforcement Training Standards
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1 Board within 2 years of the judgment of acquittal.
2 (2) Within 30 days, the Executive Director of the
3 Illinois Law Enforcement Training Standards Board shall
4 review the verified complaint and determine whether the
5 verified complaint is frivolous and without merit, or
6 whether further investigation is warranted. The Illinois
7 Law Enforcement Training Standards Board shall notify the
8 officer and the Executive Director of the Illinois Labor
9 Relations Board State Panel of the filing of the
10 complaint and any action taken thereon. If the Executive
11 Director of the Illinois Law Enforcement Training
12 Standards Board determines that the verified complaint is
13 frivolous and without merit, it shall be dismissed. The
14 Executive Director of the Illinois Law Enforcement
15 Training Standards Board has sole discretion to make this
16 determination and this decision is not subject to appeal.
17 (i) If the Executive Director of the Illinois Law
18 Enforcement Training Standards Board determines that the
19 verified complaint warrants further investigation, he or she
20 shall refer the matter to a task force of investigators
21 created for this purpose. This task force shall consist of 8
22 sworn police officers: 2 from the Illinois State Police, 2
23 from the City of Chicago Police Department, 2 from county
24 police departments, and 2 from municipal police departments.
25 These investigators shall have a minimum of 5 years of
26 experience in conducting criminal investigations. The
27 investigators shall be appointed by the Executive Director of
28 the Illinois Law Enforcement Training Standards Board. Any
29 officer or officers acting in this capacity pursuant to this
30 statutory provision will have statewide police authority
31 while acting in this investigative capacity. Their salaries
32 and expenses for the time spent conducting investigations
33 under this paragraph shall be reimbursed by the Illinois Law
34 Enforcement Training Standards Board.
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1 (j) Once the Executive Director of the Illinois Law
2 Enforcement Training Standards Board has determined that an
3 investigation is warranted, the verified complaint shall be
4 assigned to an investigator or investigators. The
5 investigator or investigators shall conduct an investigation
6 of the verified complaint and shall write a report of his or
7 her findings. This report shall be submitted to the Executive
8 Director of the Illinois Labor Relations Board State Panel.
9 Within 30 days, the Executive Director of the Illinois
10 Labor Relations Board State Panel shall review the
11 investigative report and determine whether sufficient
12 evidence exists to conduct an evidentiary hearing on the
13 verified complaint. If the Executive Director of the Illinois
14 Labor Relations Board State Panel determines upon his or her
15 review of the investigatory report that a hearing should not
16 be conducted, the complaint shall be dismissed. This decision
17 is in the Executive Director's sole discretion, and this
18 dismissal may not be appealed.
19 If the Executive Director of the Illinois Labor Relations
20 Board State Panel determines that there is sufficient
21 evidence to warrant a hearing, a hearing shall be ordered on
22 the verified complaint, to be conducted by an administrative
23 law judge employed by the Illinois Labor Relations Board
24 State Panel. The Executive Director of the Illinois Labor
25 Relations Board State Panel shall inform the Executive
26 Director of the Illinois Law Enforcement Training Standards
27 Board and the person who filed the complaint of either the
28 dismissal of the complaint or the issuance of the complaint
29 for hearing. The Executive Director shall assign the
30 complaint to the administrative law judge within 30 days of
31 the decision granting a hearing.
32 (k) In the case of a finding of guilt on the offense of
33 murder, if a new trial is granted on direct appeal, or a
34 state post-conviction evidentiary hearing is ordered, based
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1 on a claim that a police officer, under oath, knowingly and
2 willfully made false statements as to a material fact going
3 to an element of the offense of murder, the Illinois Labor
4 Relations Board State Panel shall hold a hearing to determine
5 whether the officer should be decertified if an interested
6 party requests such a hearing within 2 years of the court's
7 decision. The complaint shall be assigned to an
8 administrative law judge within 30 days so that a hearing can
9 be scheduled.
10 At the hearing, the accused officer shall be afforded the
11 opportunity to:
12 (1) Be represented by counsel of his or her own
13 choosing;
14 (2) Be heard in his or her own defense;
15 (3) Produce evidence in his or her defense;
16 (4) Request that the Illinois Labor Relations Board
17 State Panel compel the attendance of witnesses and
18 production of related documents including but not limited
19 to court documents and records.
20 Once a case has been set for hearing, the verified
21 complaint shall be referred to the Department of Professional
22 Regulation. That office shall prosecute the verified
23 complaint at the hearing before the administrative law judge.
24 The Department of Professional Regulation shall have the
25 opportunity to produce evidence to support the verified
26 complaint and to request the Illinois Labor Relations Board
27 State Panel to compel the attendance of witnesses and the
28 production of related documents, including, but not limited
29 to, court documents and records. The Illinois Labor Relations
30 Board State Panel shall have the power to issue subpoenas
31 requiring the attendance of and testimony of witnesses and
32 the production of related documents including, but not
33 limited to, court documents and records and shall have the
34 power to administer oaths.
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1 The administrative law judge shall have the
2 responsibility of receiving into evidence relevant testimony
3 and documents, including court records, to support or
4 disprove the allegations made by the person filing the
5 verified complaint and, at the close of the case, hear
6 arguments. If the administrative law judge finds that there
7 is not clear and convincing evidence to support the verified
8 complaint that the police officer has, while under oath,
9 knowingly and willfully made false statements as to a
10 material fact going to an element of the offense of murder,
11 the administrative law judge shall make a written
12 recommendation of dismissal to the Illinois Labor Relations
13 Board State Panel. If the administrative law judge finds that
14 there is clear and convincing evidence that the police
15 officer has, while under oath, knowingly and willfully made
16 false statements as to a material fact that goes to an
17 element of the offense of murder, the administrative law
18 judge shall make a written recommendation so concluding to
19 the Illinois Labor Relations Board State Panel. The hearings
20 shall be transcribed. The Executive Director of the Illinois
21 Law Enforcement Training Standards Board shall be informed of
22 the administrative law judge's recommended findings and
23 decision and the Illinois Labor Relations Board State Panel's
24 subsequent review of the recommendation.
25 (l) An officer named in any complaint filed pursuant to
26 this Act shall be indemnified for his or her reasonable
27 attorney's fees and costs by his or her employer. These fees
28 shall be paid in a regular and timely manner. The State, upon
29 application by the public employer, shall reimburse the
30 public employer for the accused officer's reasonable
31 attorney's fees and costs. At no time and under no
32 circumstances will the accused officer be required to pay his
33 or her own reasonable attorney's fees or costs.
34 (m) The accused officer shall not be placed on unpaid
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1 status because of the filing or processing of the verified
2 complaint until there is a final non-appealable order
3 sustaining his or her guilt and his or her certification is
4 revoked. Nothing in this Act, however, restricts the public
5 employer from pursuing discipline against the officer in the
6 normal course and under procedures then in place.
7 (n) The Illinois Labor Relations Board State Panel shall
8 review the administrative law judge's recommended decision
9 and order and determine by a majority vote whether or not
10 there was clear and convincing evidence that the accused
11 officer, while under oath, knowingly and willfully made false
12 statements as to a material fact going to the offense of
13 murder. Within 30 days of service of the administrative law
14 judge's recommended decision and order, the parties may file
15 exceptions to the recommended decision and order and briefs
16 in support of their exceptions with the Illinois Labor
17 Relations Board State Panel. The parties may file responses
18 to the exceptions and briefs in support of the responses no
19 later than 15 days after the service of the exceptions. If
20 exceptions are filed by any of the parties, the Illinois
21 Labor Relations Board State Panel shall review the matter and
22 make a finding to uphold, vacate, or modify the recommended
23 decision and order. If the Illinois Labor Relations Board
24 State Panel concludes that there is clear and convincing
25 evidence that the accused officer, while under oath,
26 knowingly and willfully made false statements as to a
27 material fact going to an element of the offense murder, the
28 Illinois Labor Relations Board State Panel shall inform the
29 Illinois Law Enforcement Training Standards Board and the
30 Illinois Law Enforcement Training Standards Board shall
31 revoke the accused officer's certification. If the accused
32 officer appeals that determination to the Appellate Court, as
33 provided by this Act, he or she may petition the Appellate
34 Court to stay the revocation of his or her certification
HB0576 Enrolled -9- LRB093 05579 MBS 05671 b
1 pending the court's review of the matter.
2 (o) None of the Illinois Labor Relations Board State
3 Panel's findings or determinations shall set any precedent in
4 any of its decisions decided pursuant to the Illinois Public
5 Labor Relations Act by the Illinois Labor Relations Board
6 State Panel or the courts.
7 (p) A party aggrieved by the final order of the Illinois
8 Labor Relations Board State Panel may apply for and obtain
9 judicial review of an order of the Illinois Labor Relations
10 Board State Panel, in accordance with the provisions of the
11 Administrative Review Law, except that such judicial review
12 shall be afforded directly in the Appellate Court for the
13 district in which the accused officer resides. Any direct
14 appeal to the Appellate Court shall be filed within 35 days
15 from the date that a copy of the decision sought to be
16 reviewed was served upon the party affected by the decision.
17 (q) Interested parties. Only interested parties to the
18 criminal prosecution in which the police officer allegedly,
19 while under oath, knowingly and willfully made false
20 statements as to a material fact going to an element of the
21 offense of murder may file a verified complaint pursuant to
22 this Section. For purposes of this Section, "interested
23 parties" shall be limited to the defendant and any police
24 officer who has personal knowledge that the police officer
25 who is the subject of the complaint has, while under oath,
26 knowingly and willfully made false statements as to a
27 material fact going to an element of the offense of murder.
28 (r) Semi-annual reports. The Executive Director of the
29 Illinois Labor Relations Board shall submit semi-annual
30 reports to the Governor, President, and Minority Leader of
31 the Senate, and to the Speaker and Minority Leader of the
32 House of Representatives beginning on June 30, 2004,
33 indicating:
34 (1) the number of verified complaints received
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1 since the date of the last report;
2 (2) the number of investigations initiated
3 since the date of the last report;
4 (3) the number of investigations concluded
5 since the date of the last report;
6 (4) the number of investigations pending as of
7 the reporting date;
8 (5) the number of hearings held since the date
9 of the last report; and
10 (6) the number of officers decertified since
11 the date of the last report.
12 (h) A police officer who has been certified or granted a
13 valid waiver may also be decertified or have his or her
14 waiver revoked upon a determination by the Board that he or
15 she, while under oath, has knowingly and willfully made false
16 statements as to a material fact during a homicide
17 proceeding. A determination may be made only after an
18 investigation and hearing upon a verified complaint filed
19 with the Illinois Law Enforcement Training Standards Board.
20 No action may be taken by the Board regarding a complaint
21 unless a majority of the members of the Board are present at
22 the meeting at which the action is taken.
23 (1) The Board shall adopt rules governing the
24 investigation and hearing of a verified complaint to
25 assure the police officer due process and to eliminate
26 conflicts of interest within the Board itself.
27 (2) Upon receipt of the initial verified complaint,
28 the Board must make a finding within 30 days of receipt
29 of the complaint as to whether sufficient evidence exists
30 to support the complaint. The Board is empowered to
31 investigate and dismiss the complaint if it finds, by a
32 vote of a majority of the members present, that there is
33 insufficient evidence to support it. Upon the initial
34 filing, the sheriff or police chief, or other employing
HB0576 Enrolled -11- LRB093 05579 MBS 05671 b
1 agency, of the accused officer may suspend, with or
2 without pay, the accused officer pending a decision of
3 the Board. Upon a Board finding of insufficient evidence,
4 the police officer shall be reinstated with back pay,
5 benefits, and seniority status as appropriate. The
6 sheriff or police chief, or employing agency, shall take
7 such necessary action as is ordered by the Board.
8 (3) If the Board finds, by a vote of a majority of
9 the members present, that sufficient evidence exists to
10 support the complaint, it shall authorize a hearing
11 before an administrative law judge within 45 days of the
12 Board's finding, unless, based upon the complexity and
13 extent of the allegations and charges, additional time is
14 needed. In no event may a hearing before an
15 administrative law judge take place later than 60 days
16 after the Board's finding.
17 (i) The Board shall have the power and authority to
18 appoint administrative law judges on a contractual basis.
19 The Administrative law judges must be attorneys licensed to
20 practice law in the State of Illinois. The Board shall also
21 adopt rules governing the appointment of administrative law
22 judges and the conduct of hearings consistent with the
23 requirements of this Section. The administrative law judge
24 shall hear all evidence and prepare a written recommendation
25 of his or her findings to the Board. At the hearing the
26 accused police officer shall be afforded the opportunity to:
27 (1) Be represented by counsel;
28 (2) Be heard in his or her own defense;
29 (3) Produce evidence in his or her defense;
30 (4) Request that the Board compel the attendance of
31 witnesses and production of court records and documents.
32 (j) Once a case has been set for hearing, the person who
33 filed the verified complaint shall have the opportunity to
34 produce evidence to support any charge against a police
HB0576 Enrolled -12- LRB093 05579 MBS 05671 b
1 officer that he or she, while under oath, has knowingly and
2 willfully made false statements as to a material fact during
3 a homicide proceeding.
4 (1) The person who filed the verified complaint
5 shall have the opportunity to be represented by counsel
6 and shall produce evidence to support his or her charges;
7 (2) The person who filed the verified complaint may
8 request the Board to compel the attendance of witnesses
9 and production of court records and documents.
10 (k) The Board shall have the power to issue subpoenas
11 requiring the attendance and testimony of witnesses and the
12 production of court records and documents and shall have the
13 power to administer oaths.
14 (l) The administrative law judge shall have the
15 responsibility of receiving into evidence relevant testimony
16 and documents, including court records, to support or
17 disprove the allegations made by the person filing the
18 verified complaint, and, at the close of the case, hear
19 arguments. If the administrative law judge finds that there
20 is not clear and convincing evidence to support the verified
21 complaint that the police officer has, while under oath,
22 knowingly and willfully made false statements as to a
23 material fact during a homicide proceeding, the
24 administrative law judge shall make a written recommendation
25 of dismissal to the Board. If the administrative law judge
26 finds that there is clear and convincing evidence to support
27 the verified complaint that the police officer has, while
28 under oath, knowingly and willfully made false statements as
29 to a material fact during a homicide proceeding, the
30 administrative law judge shall make a written recommendation
31 of decertification to the Board.
32 (m) Any person, with the exception of the police officer
33 who is the subject of the hearing, who is served by the Board
34 with a subpoena to appear, testify or produce evidence and
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1 refuses to comply with the subpoena is guilty of a Class B
2 misdemeanor. Any circuit court or judge, upon application by
3 the Board, may compel compliance with a subpoena issued by
4 the Board.
5 (n) Within 15 days of receiving the recommendation, the
6 Board shall consider the recommendation of the administrative
7 law judge and the record of the hearing at a Board meeting.
8 If, by a two-thirds vote of the members present at the Board
9 meeting, the Board finds that there is clear and convincing
10 evidence that the police officer has, while under oath,
11 knowingly and willfully made false statements as to a
12 material fact during a homicide proceeding, the Board shall
13 order that the police officer be decertified as a full-time
14 or part-time police officer. If less than two-thirds of the
15 members present vote to decertify the police officer, the
16 Board shall dismiss the complaint.
17 (o) The provisions of the Administrative Review Law
18 shall govern all proceedings for the judicial review of any
19 order rendered by the Board. The moving party shall pay the
20 reasonable costs of preparing and certifying the record for
21 review. If the moving party is the police officer and he or
22 she prevails, the court may award the police officer actual
23 costs incurred in all proceedings, including reasonable
24 attorney fees. If the court awards the police officer the
25 actual costs incurred in a proceeding, including reasonable
26 attorney fees, the costs and attorney fees shall be paid,
27 subject to appropriation, from the Illinois Law Enforcement
28 Training Standards Board Costs and Attorney Fees Fund, a
29 special fund that is created in the State Treasury. The Fund
30 shall consist of moneys appropriated or transferred into the
31 Fund for the purpose of making payments of costs and attorney
32 fees in accordance with this subsection (o). The Illinois Law
33 Enforcement Training Standards Board shall administer the
34 Fund and adopt rules for the administration of the Fund and
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1 for the submission and disposition of claims for costs and
2 attorney fees in accordance with this subsection (o).
3 (p) If the police officer is decertified under
4 subsection (h), the Board shall notify the defendant who was
5 a party to the proceeding that resulted in the police
6 officer's decertification and his or her attorney of the
7 Board's decision. Notification shall be by certified mail,
8 return receipt requested, sent to the party's last known
9 address and to the party's attorney if any.
10 (q) Limitation of action.
11 (1) No complaint may be filed pursuant to this
12 Section until after a verdict or other disposition is
13 rendered in the underlying case or the underlying case is
14 dismissed in the trial court.
15 (2) A complaint pursuant to this Section may not be
16 filed more than 2 years after the final resolution of the
17 case. For purposes of this Section, final resolution is
18 defined as the trial court's ruling on the State
19 post-conviction proceeding in the case in which it is
20 alleged the police officer, while under oath, knowingly
21 and willfully made false statements as to a material fact
22 during a homicide proceeding. In the event a
23 post-conviction petition is not filed, an action pursuant
24 to this Section may not be commenced more than 2 years
25 after the denial of a petition for certiorari to the
26 United States Supreme Court, or if no petition for
27 certiorari is filed, 2 years after the date such a
28 petition should have been filed. In the event of an
29 acquittal, no proceeding may be commenced pursuant to
30 this Section more than 6 years after the date upon which
31 judgment on the verdict of acquittal was entered.
32 (r) Interested parties. Only interested parties to the
33 criminal prosecution in which the police officer allegedly,
34 while under oath, knowingly and willfully made false
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1 statements as to a material fact during a homicide proceeding
2 may file a verified complaint pursuant to this Section. For
3 purposes of this Section, "interested parties" include the
4 defendant and any police officer who has personal knowledge
5 that the police officer who is the subject of the complaint
6 has, while under oath, knowingly and willfully made false
7 statements as to a material fact during a homicide
8 proceeding.
9 (Source: 93SB472enr.)
10 Section 10. If and only if Senate Bill 472 of the 93rd
11 General Assembly becomes law by the override of the
12 Governor's amendatory veto, the Code of Criminal Procedure of
13 1963 is amended by changing Section 107A-10 as follows:
14 (725 ILCS 5/107A-10)
15 Sec. 107A-10. Pilot study on sequential lineup
16 procedures.
17 (a) Legislative intent. Because the goal of a police
18 investigation is to apprehend the person or persons
19 responsible for committing a crime, it is useful to conduct a
20 pilot study in the field on the effectiveness of the
21 sequential method for lineup procedures.
22 (b) Establishment of pilot jurisdictions. The Department
23 of State Police shall select 3 police departments to
24 participate in a one-year pilot study on the effectiveness of
25 the sequential lineup method for photo and live lineup
26 procedures. One such pilot jurisdiction shall be a police
27 district within a police department in a municipality whose
28 population is at least 500,000 residents; one such pilot
29 jurisdiction shall be a police department in a municipality
30 whose population is at least 100,000 but less than 500,000;
31 and one such pilot jurisdiction shall be a police department
32 in a municipality whose population is less than 100,000. All
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1 such pilot jurisdictions shall be selected no later than July
2 January 1, 2004.
3 (c) Sequential lineup procedures in pilot jurisdictions.
4 For any offense alleged to have been committed in a pilot
5 jurisdiction on or after JulyJanuary 1, 2004, selected
6 lineup identification procedure shall be presented in the
7 sequential method in which a witness is shown lineup
8 participants one at a time, using the following procedures:
9 (1) The witness shall be requested to state whether
10 the individual shown is the perpetrator of the crime
11 prior to viewing the next lineup participant. Only one
12 member of the lineup shall be a suspect and the remainder
13 shall be "fillers" who are not suspects but fit the
14 general description of the offender without the suspect
15 unduly standing out;
16 (2) The lineup administrator shall be someone who
17 is not aware of which member of the lineup is the suspect
18 in the case; and
19 (3) Prior to presenting the lineup using the
20 sequential method the lineup administrator shall:
21 (A) Inform the witness that the perpetrator
22 may or may not be among those shown, and the witness
23 should not feel compelled to make an identification;
24 (B) Inform the witness that he or she will
25 view individuals one at a time and will be requested
26 to state whether the individual shown is the
27 perpetrator of the crime, prior to viewing the next
28 lineup participant; and
29 (C) Ask the witness to state in his or her own
30 words how sure he or she is that the person
31 identified is the actual offender. During the
32 statement, or as soon thereafter as reasonably
33 possible, the witness's actual words shall be
34 documented.
HB0576 Enrolled -17- LRB093 05579 MBS 05671 b
1 (d) Application. This Section applies to selected live
2 lineups that are composed and presented at a police station
3 and to selected photo lineups regardless of where presented;
4 provided that this Section does not apply in police
5 investigations in which a spontaneous identification is
6 possible and no lineup procedure is being used. This Section
7 does not affect the right to counsel afforded by the U.S. or
8 Illinois Constitutions or State law at any stage of a
9 criminal proceeding.
10 (e) Selection of lineups. The participating
11 jurisdictions shall develop a protocol for the selection and
12 administration of lineups which is practical, designed to
13 elicit information for comparative evaluation purposes, and
14 is consistent with objective scientific research methodology.
15 (f) Training and administrators. The Department of State
16 Police shall offer training to police officers and any other
17 appropriate personnel on the sequential method of conducting
18 lineup procedures in the pilot jurisdictions and the
19 requirements of this Section. The Department of State Police
20 may seek funding for training and administration from the
21 Illinois Criminal Justice Information Authority and the
22 Illinois Law Enforcement Training Standards Board if
23 necessary.
24 (g) Report on the pilot study. The Department of State
25 Police shall gather information from each of the
26 participating police departments selected as a pilot
27 jurisdiction with respect to the effectiveness of the
28 sequential method for lineup procedures and shall file a
29 report of its findings with the Governor and the General
30 Assembly no later than SeptemberApril 1, 2005.
31 (Source: 93SB472enr.)
32 Section 95. The amendatory changes to Section 6.1 of the
33 Illinois Police Training Act made by this amendatory Act of
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1 the 93rd General Assembly and the provisions of Section
2 107A-10 of the Code of Criminal Procedure of 1963 made by
3 this amendatory Act of the 93rd General Assembly supersede
4 the amendatory changes made to Section 6.1 of the Illinois
5 Police Training Act and the provisions of Section 107A-10 of
6 the Code of Criminal Procedures of 1963 added by Senate Bill
7 472 of the 93rd General Assembly, if Senate Bill 472 of the
8 93rd General Assembly becomes law.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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