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92_SB1776 LRB9213194RCsb 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 108D as follows: 6 (725 ILCS 5/Article 108D heading new) 7 ARTICLE 108D. IDENTIFICATION PROCEDURES IN CAPITAL CASES. 8 (725 ILCS 5/108D-1 new) 9 Sec. 108D-1. Eyewitness identification procedures in 10 capital cases. 11 (a) In this Section: 12 "Capital trial" means the trial to determine the 13 defendant's guilt for an offense for which the death sentence 14 is authorized and prior to which the State's Attorney has not 15 filed a certificate indicating he or she will not seek the 16 death penalty or stated on the record in open court that the 17 death penalty will not be sought. 18 "Eyewitness" means a witness who will testify that he 19 observed the defendant at or near the scene of the offense. 20 "Photo lineup" means an identification procedure in which 21 an array of photographs, including a photograph of the person 22 suspected as the perpetrator of an offense and additional 23 photographs of other persons not suspected of the offense, is 24 displayed to an eyewitness for the purpose of determining 25 whether the eyewitness is able to identify the suspect as the 26 perpetrator. 27 "Live lineup" means an identification procedure in which 28 a group of persons, including the person suspected as the 29 perpetrator of an offense and other persons not suspected of -2- LRB9213194RCsb 1 the offense, is displayed to an eyewitness for the purpose of 2 determining whether the eyewitness is able to identify the 3 suspect as the perpetrator. 4 "Identification procedure" means either a photo lineup or 5 a live lineup. 6 "Filler" means either a person or a photograph of a 7 person who is not suspected of an offense and is included in 8 an identification procedure. 9 (b) During a capital trial, no eyewitness who has been 10 exposed, prior to his or her testimony, to an identification 11 procedure in which the defendant was included shall be 12 permitted to identify the defendant, unless the 13 identification procedure was conducted in compliance with the 14 following requirements: 15 (1) The person conducting the identification 16 procedure was someone other than the police officers or 17 detectives who acted as the primary investigators on the 18 case. 19 (2) The photo lineup or live lineup identification 20 procedures were conducted in sequence so that the 21 eyewitness was shown each photograph or each person one 22 at a time rather than viewing the photographs or the 23 persons simultaneously. 24 (3) The eyewitness was instructed prior to the 25 identification procedure (a) that the perpetrator may not 26 be among those in the photo lineup or the live lineup; 27 (b) that the eyewitness should not feel compelled to make 28 an identification; (c) that each person or photograph 29 would be viewed one at a time; (d) that the photographs 30 or persons would be displayed in random order; (e) that 31 the eyewitness should take as much time as needed in 32 making a decision about each photograph or person before 33 moving to the next one; and (f) that all photographs or 34 persons would be shown to the eyewitness, even if an -3- LRB9213194RCsb 1 identification is made before all have been viewed. 2 (4) The photo lineup or live lineup was composed so 3 that the fillers generally fit the description of the 4 perpetrator and, in the case of a photo line-up, so that 5 the photograph of the defendant resembled his appearance 6 at the time of the offense and the defendant's photograph 7 did not unduly stand out. 8 (5) If the eyewitness had previously viewed a photo 9 or live lineup in connection with the identification of 10 another person suspected of involvement in the offense, 11 the fillers in the lineup in which the defendant 12 participated were different from the fillers used in any 13 prior lineups. 14 (6) At least 5 fillers were included in the photo 15 lineup and at least 4 fillers were included in the live 16 lineup, in addition to the defendant. 17 (7) In a photo lineup, no writings or information 18 concerning any previous arrest of the defendant was 19 visible to the eyewitness. 20 (8) In a live lineup, any identification actions, 21 such as speaking or making gestures or other movements, 22 were performed by all those included in the 23 identification procedure. 24 (9) In a live lineup, all lineup participants were 25 out of the view of the eyewitness at the beginning of the 26 identification procedure. 27 (10) The defendant was the only suspected 28 perpetrator included in the identification procedure. 29 (11) Nothing was said to the eyewitness regarding 30 the defendant's position in the photo lineup or the live 31 lineup, except as otherwise provided in clause (d) of 32 paragraph (3) of this subsection (b). 33 (12) Nothing was said to the eyewitness that could 34 have influenced the eyewitness's selection of the -4- LRB9213194RCsb 1 defendant. 2 (13) After the defendant was identified, the 3 eyewitness was not provided any information concerning 4 the defendant prior to obtaining the eyewitness's 5 statement that he or she was certain of the selection. 6 (14) A written record of the identification 7 procedure was made that included the following 8 information: (a) all identification and 9 non-identification results obtained during the 10 identification procedure, signed by the eyewitness, 11 including the eyewitness's own words regarding how 12 certain he or she was of the selection; (b) the names of 13 all persons present at the identification procedure; (c) 14 the date and time of the identification procedure; (d) 15 the order in which the photographs or persons were 16 displayed to the eyewitness; (e) in a photo lineup, the 17 photographs themselves; (f) in a photo lineup, 18 identification information and the sources of all 19 photographs used; and (g) in a live lineup, 20 identification information on all persons who 21 participated in the lineup. 22 (15) A video recording was made of the entire 23 identification procedure showing (a) the instructions 24 provided to the eyewitness before the lineup; (b) the 25 eyewitness throughout the lineup procedure, including the 26 identification and non-identification results; and (c) in 27 a live lineup, all of the participants in the lineup 28 during the entire time each participant was displayed to 29 the eyewitness.
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