093_HB3375

 
                                     LRB093 09583 RLC 09821 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Code of  Criminal  Procedure  of  1963  is
 5    amended by adding Article 107A as follows:

 6        (725 ILCS 5/ Art. 107A heading new)
 7          ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURES
 8                          IN HOMICIDE CASES

 9        (725 ILCS 5/107A-5 new)
10        Sec.  107A-5.  Lineup  and  photo  spread  procedures  in
11    homicide cases.
12        (a)  For   a   homicide  offense  alleged  to  have  been
13    committed on or after the effective date of  this  amendatory
14    Act  of the 93rd General Assembly, the lineup or photo spread
15    shall be conducted to insure that all persons in  the  lineup
16    or photo spread fit the general description of the suspect.
17        (b)  Whenever   possible,  the  lineup  or  photo  spread
18    administrator in a homicide case shall be someone who is  not
19    aware  of  which  member of the lineup or photo spread is the
20    suspect in the case. Prior to presenting the lineup or  photo
21    spread, the lineup or photo spread administrator shall:
22             (1)  inform  the witness that the perpetrator may or
23        may not be among those shown, and the witness should  not
24        feel compelled to make an identification; and
25             (2)  inform  the  witness  that he or she should not
26        assume that the  lineup  or  photo  spread  administrator
27        knows which person is the suspect in the case.
28        (c)  During  the  lineup  or  photo spread, the lineup or
29    photo spread administrator shall ask the witness to state  in
30    his  or  her  own words how sure he or she is that the person
 
                            -2-      LRB093 09583 RLC 09821 b
 1    identified is the actual  suspect,  and  make  the  witness's
 2    words part of the record.
 3        (d)  This Section applies to any live lineups in homicide
 4    cases  that  are  composed and presented at a police station,
 5    and to all photo lineups  in  homicide  cases  regardless  of
 6    where presented.