Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 1398
       
       
       
       
       
       
                                Barcode 278432                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1A/AD/2R         .                                
             05/05/2011 07:44 PM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment to Amendment (387558) (with title
    2  amendment)
    3  
    4         Delete lines 327 - 330
    5  and insert:
    6         Section 26. Eyewitness identification.—
    7         (1) SHORT TITLE.—This section may be cited as the
    8  “Eyewitness Identification Reform Act.”
    9         (2)DEFINITIONS.—As used in this section, the term:
   10         (a)“Eyewitness” means a person whose identification by
   11  sight of another person may be relevant in a criminal
   12  proceeding.
   13         (b)“Filler” means a person or a photograph of a person who
   14  is not suspected of an offense but is included in a lineup.
   15         (c)“Independent administrator” means a person who is not
   16  participating in the investigation of a criminal offense and is
   17  unaware of which person in the lineup is the suspect.
   18         (d)“Lineup” means a photo lineup or live lineup.
   19         (e)“Lineup administrator” means the person who conducts a
   20  lineup.
   21         (f)“Live lineup” means a procedure in which a group of
   22  people is displayed to an eyewitness for the purpose of
   23  determining if the eyewitness is able to identify the
   24  perpetrator of a crime.
   25         (g)“Photo lineup” means a procedure in which an array of
   26  photographs is displayed to an eyewitness for the purpose of
   27  determining if the eyewitness is able to identify the
   28  perpetrator of a crime.
   29         (3)EYEWITNESS IDENTIFICATION PROCEDURES.—Lineups conducted
   30  in this state by state, county, municipal, and other law
   31  enforcement agencies must meet all of the following
   32  requirements:
   33         (a) A lineup must be conducted by an independent
   34  administrator. In lieu of using an independent administrator, a
   35  photo lineup eyewitness identification procedure may be
   36  conducted using an alternative method specified and approved by
   37  the Criminal Justice Standards and Training Commission. Any
   38  alternative method must be carefully structured to achieve
   39  neutral administration and to prevent the administrator from
   40  knowing which photograph is being presented to the eyewitness
   41  during the identification procedure. Alternative methods may
   42  include any of the following:
   43         1.Automated computer programs that can automatically
   44  administer the photo lineup directly to an eyewitness and
   45  prevent the lineup administrator from seeing which photo the
   46  witness is viewing until after the procedure is completed.
   47         2.A procedure in which photographs are placed in folders,
   48  randomly numbered, and shuffled and then presented to an
   49  eyewitness such that the administrator cannot see or track which
   50  photograph is being presented to the witness until after the
   51  procedure is completed.
   52         3.Any other procedure that achieves neutral administration
   53  and prevents the administrator from knowing which photograph is
   54  being presented to the eyewitness during the identification
   55  procedure.
   56         (b)Before a lineup, the eyewitness shall be instructed
   57  that:
   58         1.The perpetrator might or might not be in the lineup;
   59         2.The lineup administrator does not know the suspect’s
   60  identity, except that this instruction need not be given when a
   61  specified and approved alternative method of neutral
   62  administration is utilized;
   63         3.The eyewitness should not feel compelled to make an
   64  identification;
   65         4.It is as important to exclude innocent persons as it is
   66  to identify the perpetrator; and
   67         5.The investigation will continue with or without an
   68  identification.
   69  
   70  The eyewitness shall acknowledge, in writing, having received a
   71  copy of the lineup instructions. If the eyewitness refuses to
   72  sign a document acknowledging receipt of the instructions, the
   73  lineup administrator shall document the refusal of the
   74  eyewitness to sign the writing and then sign the acknowledgement
   75  himself or herself.
   76         (4)REMEDIES.—All of the following remedies are available
   77  as consequence of a person not complying with the requirements
   78  of this section:
   79         (a)1.A failure on the part of a person to comply with any
   80  requirement of this section shall be considered by the court
   81  when adjudicating motions to suppress eyewitness identification.
   82         2.A failure on the part of a person to comply with any
   83  requirement of this section is admissible in support of claims
   84  of eyewitness misidentification, as long as such evidence is
   85  otherwise admissible.
   86         (b)When evidence of compliance or noncompliance with the
   87  requirements of this section has been presented at trial, the
   88  jury shall be instructed that it may consider credible evidence
   89  of compliance or noncompliance to determine the reliability of
   90  eyewitness identifications.
   91         (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
   92  and Training Commission, in consultation with the Department of
   93  Law Enforcement, shall create educational materials and conduct
   94  training programs on how to conduct lineups in compliance with
   95  this section.
   96         Section 27. (1) Sections 1 through 24 of this act shall
   97  take effect January 1, 2012.
   98         (2) Sections 25 and 26 of this act shall take effect
   99  October 1, 2011.
  100  
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103         And the title is amended as follows:
  104         Delete line 414
  105  and insert:
  106  certain conditions; providing a short title; defining terms;
  107  requiring state, county, municipal, and other law enforcement
  108  agencies that conduct lineups to follow certain specified
  109  procedures; requiring the eyewitness to sign an acknowledgement
  110  that he or she received the instructions about the lineup
  111  procedures from the law enforcement agency; specifying remedies
  112  for failing to adhere to the eyewitness identification
  113  procedures; requiring the Criminal Justice Standards and
  114  Training Commission to create educational materials and conduct
  115  training programs on how to conduct lineups in compliance with
  116  the act; providing effective dates.
  117