Ill. Admin. Code tit. 95 § 400.660

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.660 - Eyewitness Identification

a) Eyewitness identification in courts-martial shall be conducted in accordance with Section 107A-2 of the Illinois Code of Criminal Procedure (CCP).

b) When the Section 107A-2 uses the following terms, for the purposes of this Manual those terms shall have meanings ascribed in this subsection (b).

1) CCP Section 107A-2(b) requires law enforcement to adopt written guidelines for determining when simultaneous or sequential lineups shall be conducted. For purposes of this Manual, the NGIL-JA, in coordination with civilian law enforcement, will develop those guidelines.

2) References in CCP Section 107A-2(i) to "State's Attorney" shall be considered under this Manual to be references to the "government's counsel".

3) References in CCP Section 107A-2 to "the court" shall be read as "military judge".

Ill. Admin. Code tit. 95, § 400.660

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.