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IL HB2763

Bill

Status

Engrossed

3/29/2019

Primary Sponsor

Frances Hurley

Click for details

Origin

House of Representatives

101st General Assembly

AI Summary

  • Amends the Code of Criminal Procedure to establish four approved lineup procedures: independent administrator, automated computer program, shuffled photograph folders, or other methods preventing administrator bias about witness identification.

  • Requires law enforcement agencies to adopt written guidelines determining when simultaneous or sequential lineups will be used, with no statutory preference established between the two methods.

  • Mandates eyewitness instructions before lineup procedures, including notice that perpetrator may not be present, identification is not mandatory, and investigation will continue regardless of outcome.

  • Requires lineups to include only one suspected perpetrator with at least 5 fillers in photo lineups and at least 3-5 fillers in live lineups, with suspect not unduly standing out from fillers.

  • Requires video recording of all lineups when practical and eyewitness consents, with audio recording and photography as alternatives; failure to comply is a factor courts must consider in suppression motions and jury may consider at trial.

Legislative Description

CRIM PRO-LINEUP PROCEDURE

Last Action

Rule 2-10 Committee/3rd Reading Deadline Established As January 13, 2021

1/5/2021

Committee Referrals

Assignments5/31/2019
Criminal Law4/24/2019
Assignments4/3/2019
Judiciary - Criminal2/26/2019
Rules2/14/2019

Full Bill Text

No bill text available