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IL HB2763
Bill
Status
3/29/2019
Primary Sponsor
Frances Hurley
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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