Synopsis As Introduced 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.
Land Conveyance Appraisal Note (Dept. of Transportation)
No land conveyances are included in this bill; therefore, there are no appraisals to be filed.
Correctional Note (Dept of Corrections)
There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department of Corrections.
Housing Affordability Impact Note (Housing Development Authority)
This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.
State Debt Impact Note (Government Forecasting & Accountability)
This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore would not affect the level of State indebtedness.
State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
This bill does not create a State mandate.
Home Rule Note (Dept. of Commerce & Economic Opportunity)
There is no discernible fiscal impact of any pension system associated with HB 2960.
Judicial Note (Admin Office of the Illinois Courts)
This bill would neither increase nor decrease the number of judges needed in the State.
Balanced Budget Note (Office of Management and Budget)
The proposed legislation could impose additional costs to law enforcement agencies through increased overtime for personnel where an "unaware" administrator is not readily available, especially in smaller police departments. Where it is impractical to have an unaware administrator report must be filed to explain why. This would produce added personnel costs. Further, some law enforcement agencies may face costs associated with the purchase of audiovisual equipment. For those agencies where it is impractical to record the lineup procedure, additional personnel costs would be incurred as the bill requires a filed report explaining why it is impractical. Currently, there are no estimates associated with the cost of the provisions in this bill.
Fiscal Note (Illinois State Police)
First, the Illinois State Police (ISP) would be required to retrain all persons assigned to the investigative units. Secondly, the ISP would have additional ongoing costs (regular shift time to overtime costs) to have a blind administrator present to conduct the lineups since an agent already working would know the case and could not administer. Third, the ISP would also need to invest in a computer software program that could randomly shuffle pictures in a lineup, if a blind administrator is not practical. The cost estimates are as follows: (1) Programs = $120,000; (2) Overtime = $65,000; (3) Training = $100,000; Total first year startup costs = $285,000; Estimated recurring costs each successive fiscal year (overtime) = $65,000.