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IL HB2960

Bill

Status

Failed

12/3/2014

Primary Sponsor

Scott Drury

Click for details

Origin

House of Representatives

98th General Assembly

AI Summary

  • Amends the Code of Criminal Procedure to establish comprehensive eyewitness lineup procedures requiring an independent administrator who is unaware of the suspect's identity, unless impractical and documented under oath.

  • Requires lineups to include at least 5 fillers resembling the suspect in significant features, with fillers drawn from different sources if the witness previously viewed other lineups; only one suspected perpetrator per lineup.

  • Mandates eyewitness instructions before lineup that the perpetrator may not be present, identification is not compulsory, excluding innocent persons is as important as identification, and investigation will continue regardless of outcome; witness must acknowledge receipt in writing.

  • Requires written records including eyewitness identification results and confidence statement, names of all persons present, lineup date/time/location, photograph or video recording of procedures (with audio as backup if video impractical), and all photos shown to witness.

  • Makes compliance or noncompliance with these requirements admissible evidence that courts must consider in suppression motions and that juries may consider when assessing eyewitness identification reliability.

Legislative Description

CRIM PRO - LINEUPS

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules4/19/2013
Restorative Justice3/4/2013
Rules2/26/2013

Full Bill Text

No bill text available