Article 107A - Lineup and Photo Spread Procedure
(725 ILCS 5/Art. 107A heading) ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE (Source: P.A. 93‑605, eff. 11‑19‑03.)
(725 ILCS 5/107A‑5)
Sec. 107A‑5. Lineup and photo spread procedure.
(a) All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules. All photographs of suspects shown to an eyewitness during the photo spread shall be disclosed to the accused and his or her defense counsel during discovery proceedings as provided in Illinois Supreme Court Rules.
(b) Each eyewitness who views a lineup or photo spread shall sign a form containing the following information:
(1) The suspect might not be in the lineup or photo |
| spread and the eyewitness is not obligated to make an identification. | |
(2) The eyewitness should not assume that the person |
| administering the lineup or photo spread knows which person is the suspect in the case. | |
(c) Suspects in a lineup or photo spread should not appear to be substantially different from "fillers" or "distracters" in the lineup or photo spread, based on the eyewitness' previous description of the perpetrator, or based on other factors that would draw attention to the suspect.
(Source: P.A. 93‑605, eff. 11‑19‑03.) |
(725 ILCS 5/107A‑10)
Sec. 107A‑10. Pilot study on sequential lineup procedures.
(a) Legislative intent. Because the goal of a police investigation is to apprehend the person or persons responsible for committing a crime, it is useful to conduct a pilot study in the field on the effectiveness of the sequential method for lineup procedures.
(b) Establishment of pilot jurisdictions. The Department of State Police shall select 3 police departments to participate in a one‑year pilot study on the effectiveness of the sequential lineup method for photo and live lineup procedures. One such pilot jurisdiction shall be a police district within a police department in a municipality whose population is at least 500,000 residents; one such pilot jurisdiction shall be a police department in a municipality whose population is at least 100,000 but less than 500,000; and one such pilot jurisdiction shall be a police department in a municipality whose population is less than 100,000. All such pilot jurisdictions shall be selected no later than July 1, 2004.
(c) Sequential lineup procedures in pilot jurisdictions. For any offense alleged to have been committed in a pilot jurisdiction on or after July 1, 2004, selected lineup identification procedure shall be presented in the sequential method in which a witness is shown lineup participants one at a time, using the following procedures:
(1) The witness shall be requested to state whether |
| the individual shown is the perpetrator of the crime prior to viewing the next lineup participant. Only one member of the lineup shall be a suspect and the remainder shall be "fillers" who are not suspects but fit the general description of the offender without the suspect unduly standing out; | |
(2) The lineup administrator shall be someone who is |
| not aware of which member of the lineup is the suspect in the case; and | |
(3) Prior to presenting the lineup using the |
| sequential method the lineup administrator shall: | |
(A) Inform the witness that the perpetrator may |
| or may not be among those shown, and the witness should not feel compelled to make an identification; | |
(B) Inform the witness that he or she will view |
| individuals one at a time and will be requested to state whether the individual shown is the perpetrator of the crime, prior to viewing the next lineup participant; and | |
(C) Ask the witness to state in his or her own |
| words how sure he or she is that the person identified is the actual offender. During the statement, or as soon thereafter as reasonably possible, the witness's actual words shall be documented. | |
(d) Application. This Section applies to selected live lineups that are composed and presented at a police station and to selected photo lineups regardless of where presented; provided that this Section does not apply in police investigations in which a spontaneous identification is possible and no lineup procedure is being used. This Section does not affect the right to counsel afforded by the U.S. or Illinois Constitutions or State law at any stage of a criminal proceeding.
(e) Selection of lineups. The participating jurisdictions shall develop a protocol for the selection and administration of lineups which is practical, designed to elicit information for comparative evaluation purposes, and is consistent with objective scientific research methodology.
(f) Training and administrators. The Department of State Police shall offer training to police officers and any other appropriate personnel on the sequential method of conducting lineup procedures in the pilot jurisdictions and the requirements of this Section. The Department of State Police may seek funding for training and administration from the Illinois Criminal Justice Information Authority and the Illinois Law Enforcement Training Standards Board if necessary.
(g) Report on the pilot study. The Department of State Police shall gather information from each of the participating police departments selected as a pilot jurisdiction with respect to the effectiveness of the sequential method for lineup procedures and shall file a report of its findings with the Governor and the General Assembly no later than September 1, 2005.
(Source: P.A. 93‑605, eff. 11‑19‑03; 93‑655, eff. 1‑20‑04.) |