Florida Senate - 2011                             CS for SB 1206
       
       
       
       By the Committee on Criminal Justice; and Senator Negron
       
       
       
       
       591-03236-11                                          20111206c1
    1                        A bill to be entitled                      
    2         An act relating to eyewitness identification;
    3         providing a short title; defining terms; requiring
    4         state, county, municipal, and other law enforcement
    5         agencies that conduct lineups to follow certain
    6         specified procedures; requiring the eyewitness to sign
    7         an acknowledgement that he or she received the
    8         instructions about the lineup procedures from the law
    9         enforcement agency; specifying remedies for failing to
   10         adhere to the eyewitness identification procedures;
   11         requiring the Criminal Justice Standards and Training
   12         Commission to create educational materials and conduct
   13         training programs on how to conduct lineups in
   14         compliance with the act; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Eyewitness identification.—
   19         (1) SHORT TITLE.—This section may be cited as the
   20  “Eyewitness Identification Reform Act.”
   21         (2)DEFINITIONS.As used in this section, the term:
   22         (a)Eyewitness” means a person whose identification by
   23  sight of another person may be relevant in a criminal
   24  proceeding.
   25         (b)Filler” means a person or a photograph of a person who
   26  is not suspected of an offense but is included in a lineup.
   27         (c)Independent administrator” means a person who is not
   28  participating in the investigation of a criminal offense and is
   29  unaware of which person in the lineup is the suspect.
   30         (d)Lineup” means a photo lineup or live lineup.
   31         (e)Lineup administrator” means the person who conducts a
   32  lineup.
   33         (f)Live lineup” means a procedure in which a group of
   34  people is displayed to an eyewitness for the purpose of
   35  determining if the eyewitness is able to identify the
   36  perpetrator of a crime.
   37         (g)Photo lineup” means a procedure in which an array of
   38  photographs is displayed to an eyewitness for the purpose of
   39  determining if the eyewitness is able to identify the
   40  perpetrator of a crime.
   41         (3)EYEWITNESS IDENTIFICATION PROCEDURES.Lineups conducted
   42  in this state by state, county, municipal, and other law
   43  enforcement agencies must meet all of the following
   44  requirements:
   45         (a) A lineup must be conducted by an independent
   46  administrator.
   47         (b)Before a lineup, the eyewitness shall be instructed
   48  that:
   49         1.The perpetrator might or might not be in the lineup;
   50         2.The lineup administrator does not know the suspect’s
   51  identity;
   52         3.The eyewitness should not feel compelled to make an
   53  identification;
   54         4.It is as important to exclude innocent persons as it is
   55  to identify the perpetrator; and
   56         5.The investigation will continue with or without an
   57  identification.
   58  
   59  The eyewitness shall acknowledge, in writing, having received a
   60  copy of the lineup instructions. If the eyewitness refuses to
   61  sign a document acknowledging receipt of the instructions, the
   62  lineup administrator shall document the refusal of the
   63  eyewitness to sign the writing and then sign the acknowledgement
   64  himself or herself.
   65         (4)REMEDIES.All of the following remedies are available
   66  as consequence of a person not complying with the requirements
   67  of this section:
   68         (a)1.A failure on the part of a person to comply with any
   69  requirement of this section shall be considered by the court
   70  when adjudicating motions to suppress eyewitness identification.
   71         2.A failure on the part of a person to comply with any
   72  requirement of this section is admissible in support of claims
   73  of eyewitness misidentification, as long as such evidence is
   74  otherwise admissible.
   75         (b)When evidence of compliance or noncompliance with the
   76  requirements of this section has been presented at trial, the
   77  jury shall be instructed that it may consider credible evidence
   78  of compliance or noncompliance to determine the reliability of
   79  eyewitness identifications.
   80         (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
   81  and Training Commission, in consultation with the Department of
   82  Law Enforcement, shall create educational materials and conduct
   83  training programs on how to conduct lineups in compliance with
   84  this section.
   85         Section 2. This act shall take effect July 1, 2011.