Florida Senate - 2017                                     SB 312
       
       
        
       By Senator Baxley
       
       12-00308A-17                                           2017312__
    1                        A bill to be entitled                      
    2         An act relating to eyewitness identification; creating
    3         s. 92.70, F.S.; providing a short title; defining
    4         terms; requiring state, county, municipal, or other
    5         law enforcement agencies that conduct lineups to
    6         follow specified procedures; requiring eyewitnesses to
    7         sign an acknowledgment that they have received the
    8         instructions about the lineup procedures from the law
    9         enforcement agency; requiring lineup administrators to
   10         document the refusal of an eyewitness to acknowledge
   11         such receipt; specifying remedies for failing to
   12         adhere to the eyewitness identification procedures;
   13         requiring the Criminal Justice Standards and Training
   14         Commission to create educational materials and provide
   15         training programs on how to conduct lineups; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 92.70, Florida Statutes, is created to
   21  read:
   22         92.70 Eyewitness identification.—
   23         (1) SHORT TITLE.—This section may be cited as the
   24  “Eyewitness Identification Reform Act.”
   25         (2)DEFINITIONS.—As used in this section, the term:
   26         (a)“Eyewitness” means a person whose identification by
   27  sight of another person may be relevant in a criminal
   28  proceeding.
   29         (b)“Independent administrator” means a person who is not
   30  participating in the investigation of a criminal offense and is
   31  unaware of which person in the lineup is the suspect.
   32         (c)“Lineup” means a photo lineup or live lineup.
   33         (d)“Lineup administrator” means the person who conducts a
   34  lineup.
   35         (e)“Live lineup” means a procedure in which a group of
   36  people is displayed to an eyewitness for the purpose of
   37  determining if the eyewitness can identify the perpetrator of a
   38  crime.
   39         (f)“Photo lineup” means a procedure in which an array of
   40  photographs is displayed to an eyewitness for the purpose of
   41  determining if the eyewitness can identify the perpetrator of a
   42  crime.
   43         (3)EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup
   44  conducted in this state by a state, county, municipal, or other
   45  law enforcement agency must meet all of the following
   46  requirements:
   47         (a) The lineup must be conducted by an independent
   48  administrator. In lieu of using an independent administrator, a
   49  law enforcement agency may conduct a photo lineup eyewitness
   50  identification procedure using an alternative method specified
   51  and approved by the Criminal Justice Standards and Training
   52  Commission. Any alternative method must be carefully structured
   53  to achieve neutral administration and to prevent the lineup
   54  administrator from knowing which photograph is being presented
   55  to the eyewitness during the identification procedure. An
   56  alternative method approved by the Criminal Justice Standards
   57  and Training Commission may include any of the following:
   58         1.An automated computer program that can automatically
   59  administer the photo lineup directly to an eyewitness and
   60  prevent the lineup administrator from seeing which photograph
   61  the eyewitness is viewing until after the procedure is
   62  completed.
   63         2.A procedure in which photographs are placed in folders,
   64  randomly numbered, and shuffled and then presented to an
   65  eyewitness such that the lineup administrator cannot see or
   66  track which photograph is being presented to the eyewitness
   67  until after the procedure is completed.
   68         3.Any other procedure that achieves neutral administration
   69  and prevents the lineup administrator from knowing which
   70  photograph is being presented to the eyewitness during the
   71  identification procedure.
   72         (b)Before a lineup, the eyewitness must be instructed
   73  that:
   74         1.The perpetrator might or might not be in the lineup;
   75         2.The lineup administrator does not know the suspect’s
   76  identity, except that this instruction need not be given when a
   77  specified and approved alternative method of neutral
   78  administration is used;
   79         3.The eyewitness should not feel compelled to make an
   80  identification;
   81         4.It is as important to exclude innocent persons as it is
   82  to identify the perpetrator; and
   83         5.The investigation will continue with or without an
   84  identification.
   85  
   86  The eyewitness shall acknowledge, in writing, having received a
   87  copy of the lineup instructions. If the eyewitness refuses to
   88  sign a document acknowledging receipt of the instructions, the
   89  lineup administrator must document the refusal of the eyewitness
   90  to sign a document acknowledging receipt of the instructions,
   91  and the lineup administrator must sign the acknowledgment
   92  document himself or herself.
   93         (4)REMEDIES.—All of the following remedies are available
   94  as consequences of compliance or noncompliance with any
   95  requirement of this section:
   96         (a)1.A failure on the part of a person to comply with any
   97  requirement of this section shall be considered by the court
   98  when adjudicating motions to suppress eyewitness identification.
   99         2.A failure on the part of a person to comply with any
  100  requirement of this section is admissible in support of a claim
  101  of eyewitness misidentification, as long as such evidence is
  102  otherwise admissible.
  103         (b)If evidence of compliance or noncompliance with any
  104  requirement of this section is presented at trial, the jury
  105  shall be instructed that the jury may consider credible evidence
  106  of compliance or noncompliance to determine the reliability of
  107  eyewitness identifications.
  108         (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
  109  and Training Commission, in consultation with the Department of
  110  Law Enforcement, shall create educational materials and provide
  111  training programs on how to conduct lineups in compliance with
  112  this section.
  113         Section 2. This act shall take effect October 1, 2017.