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 Bill Status of HB0802  98th General Assembly


Short Description:  CRIMINAL LAW-TECH

House Sponsors
Rep. Scott Drury

Senate Sponsors
(Sen. Kwame Raoul - Patricia Van Pelt - Jacqueline Y. Collins)

Last Action
DateChamber Action
  8/22/2014HousePublic Act . . . . . . . . . 98-1014

Statutes Amended In Order of Appearance
720 ILCS 550/2from Ch. 56 1/2, par. 702


Synopsis As Introduced
Amends the Cannabis Control Act. Makes a technical change in a Section concerning the short title.

House Floor Amendment No. 2
Deletes reference to:
720 ILCS 550/2
Adds reference to:
720 ILCS 5/14-3
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.

Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Exempts from the eavesdropping offense electronic recordings, including but not limited to, motion picture, videotape, digital, or other visual or audio recording, made of a lineup procedure. Amends the Code of Criminal Procedure of 1963. Requires all lineups to be conducted by: (1) an independent administrator (one who does not know the identity of a suspected perpetrator); (2) an automated computer program or other device photo lineup; (3) a random folder photo lineup method; or (4) any other procedure that does not allow the lineup administrator to know the identity of the suspect or see or know the photographs being presented to the eyewitness. Also allows any identification procedure approved by the Illinois Supreme Court as sufficiently established as a reliable method and that provides more accurate results than simultaneous or sequential lineups. Allows a lineup of persons or a photo spread lineup to be presented to witnesses sequentially, with each person or photo presented separately and then removed before the next person or photo is viewed or presented to witnesses simultaneously. Requires each law enforcement agency that conducts lineups, to establish written guidelines on when an officer should present persons or photographs to an eyewitness simultaneously or sequentially. Prohibits the presence during a lineup of any person who knows the suspected perpetrator's identity, except the eyewitness and defense counsel. Provides instructions to the eyewitness to whom the identification procedure is presented. Establishes procedures for conducting lineup identification procedures. Provides remedies for failure to comply with lineup identification procedures. Requires a lineup to be video recorded, if practical, unless the eyewitness refuses to consent to the recording. If not practical or the eyewitness refuses to allow the recording, a report stating the reasons video recording was not done and an audio recording shall be made. If an audio recording is not practical, a report stating the reasons video recording was not done and an audio recording shall be made. Requires the photographs, recordings, and written record of the lineup to be disclosed to the legal counsel for the accused during discovery. Requires photographs of suspects used in a photo lineup to be disclosed to the legal counsel for the accused during discovery. Repeals current lineup and photo spread procedures. Repeals an expired pilot study on sequential lineup procedures.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Provides that before a lineup is conducted, the eyewitness shall be instructed that if the administrator conducting the lineup is not an independent administrator, the eyewitness should not assume that the lineup administrator knows which person in the lineup is the suspect. Provides that in conducting the lineup, the suspected perpetrator shall not be substantially different in appearance from the fillers based on the eyewitness's previous description of the perpetrator or based on other factors that would draw attention to the suspected perpetrator. Provides that the lineup administrator shall obtain and document any and all statements made by the eyewitness during the lineup as to the perpetrator's identity. Deletes that the lineup administrator's official report shall include words used by the eyewitness in an identification, including words that describe the eyewitness's certainty of identification. Provides that to protect the identity of the eyewitness and the identities of law enforcement officers used as fillers in the lineup from being disclosed to third parties, the State's Attorney shall petition the court for a protective order under Supreme Court Rules upon disclosure of the photographs or recordings to the counsel of the accused. Provides that any electronic recording made during a lineup that is compiled by any law enforcement agency for the purposes of fulfilling the requirements of these provisions shall be confidential and exempt from public inspection and copying, as provided under the Freedom of Information Act, and the recording shall not be transmitted to any person except as necessary to comply with the lineup procedures. Makes other technical changes.

Actions 
DateChamber Action
  1/24/2013HouseFiled with the Clerk by Rep. Michael J. Madigan
  1/25/2013HouseFirst Reading
  1/25/2013HouseReferred to Rules Committee
  2/25/2013HouseAssigned to Executive Committee
  3/6/2013HouseDo Pass / Short Debate Executive Committee; 011-000-000
  3/6/2013HousePlaced on Calendar 2nd Reading - Short Debate **
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  3/19/2014HouseApproved for Consideration Rules Committee; 003-000-000
  3/19/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/19/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Scott Drury
  3/19/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/19/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  3/21/2014HouseChief Sponsor Changed to Rep. Scott Drury
  4/9/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Scott Drury
  4/9/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/9/2014HouseSecond Reading - Short Debate
  4/9/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/10/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/10/2014HouseHouse Floor Amendment No. 2 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 064-039-000
  4/10/2014HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/11/2014SenateChief Senate Sponsor Sen. John J. Cullerton
  4/11/2014SenateFirst Reading
  4/11/2014SenateReferred to Assignments
  5/1/2014SenateAlternate Chief Sponsor Changed to Sen. Kwame Raoul
  5/1/2014SenateAssigned to Criminal Law
  5/7/2014SenatePostponed - Criminal Law
  5/14/2014SenatePostponed - Criminal Law
  5/16/2014SenateRule 2-10 Committee Deadline Established As May 23, 2014
  5/20/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  5/20/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/20/2014SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  5/20/2014SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/20/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/20/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  5/20/2014SenateSenate Committee Amendment No. 1 Re-referred to Assignments
  5/20/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/20/2014SenateSenate Committee Amendment No. 2 Re-referred to Assignments
  5/20/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/21/2014SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  5/21/2014SenateSenate Committee Amendment No. 2 Adopted
  5/21/2014SenateDo Pass as Amended Criminal Law; 006-002-001
  5/21/2014SenatePlaced on Calendar Order of 2nd Reading May 22, 2014
  5/21/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/22/2014SenateSecond Reading
  5/22/2014SenatePlaced on Calendar Order of 3rd Reading May 23, 2014
  5/23/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2014SenateThird Reading - Passed; 047-009-000
  5/23/2014SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/23/2014HouseArrived in House
  5/23/2014HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/23/2014HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Scott Drury
  5/23/2014HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2014HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary
  5/27/2014HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary; 015-000-000
  5/28/2014HouseSenate Committee Amendment No. 2 House Concurs 074-040-000
  5/28/2014HouseHouse Concurs
  5/28/2014HousePassed Both Houses
  6/26/2014HouseSent to the Governor
  8/22/2014HouseGovernor Approved
  8/22/2014HouseEffective Date January 1, 2015
  8/22/2014HousePublic Act . . . . . . . . . 98-1014

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