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
 
HB0576 Enrolled            -8-       LRB093 05579 MBS 05671 b
 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
 
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 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
 
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 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
 
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 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  July  January  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.
 
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 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 September April 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.