Florida Senate - 2017                              CS for SB 312
       
       
        
       By the Committee on Criminal Justice; and Senator Baxley
       
       
       
       
       
       591-01907-17                                           2017312c1
    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. However, in lieu of using an independent
   49  administrator, a law enforcement agency may conduct a photo
   50  lineup eyewitness identification procedure using an alternative
   51  method specified in subparagraph 1., subparagraph 2., or
   52  subparagraph 3. Any alternative method must be carefully
   53  structured to achieve neutral administration and to prevent the
   54  lineup administrator from knowing which photograph is being
   55  presented to the eyewitness during the identification procedure.
   56  Alternative methods may include any of the following:
   57         1.An automated computer program that can automatically
   58  administer the photo lineup directly to an eyewitness and
   59  prevent the lineup administrator from seeing which photograph
   60  the eyewitness is viewing until after the procedure is
   61  completed.
   62         2.A procedure in which photographs are placed in folders,
   63  randomly numbered, and shuffled and then presented to an
   64  eyewitness such that the lineup administrator cannot see or
   65  track which photograph is being presented to the eyewitness
   66  until after the procedure is completed.
   67         3.Any other procedure that achieves neutral administration
   68  and prevents the lineup administrator from knowing which
   69  photograph is being presented to the eyewitness during the
   70  identification procedure.
   71         (b)Before a lineup, the eyewitness must be instructed
   72  that:
   73         1.The perpetrator might or might not be in the lineup;
   74         2.The lineup administrator does not know the suspect’s
   75  identity, except that this instruction need not be given when a
   76  specified and approved alternative method of neutral
   77  administration is used;
   78         3.The eyewitness should not feel compelled to make an
   79  identification;
   80         4.It is as important to exclude innocent persons as it is
   81  to identify the perpetrator; and
   82         5.The investigation will continue with or without an
   83  identification.
   84  
   85  The eyewitness shall acknowledge, in writing, having received a
   86  copy of the lineup instructions. If the eyewitness refuses to
   87  sign a document acknowledging receipt of the instructions, the
   88  lineup administrator must document the refusal of the eyewitness
   89  to sign a document acknowledging receipt of the instructions,
   90  and the lineup administrator must sign the acknowledgment
   91  document himself or herself.
   92         (4)REMEDIES.—All of the following remedies are available
   93  as consequences of compliance or noncompliance with any
   94  requirement of this section:
   95         (a)1.A failure on the part of a person to comply with any
   96  requirement of this section shall be considered by the court
   97  when adjudicating motions to suppress eyewitness identification.
   98         2.A failure on the part of a person to comply with any
   99  requirement of this section is admissible in support of a claim
  100  of eyewitness misidentification, as long as such evidence is
  101  otherwise admissible.
  102         (b)If evidence of compliance or noncompliance with any
  103  requirement of this section is presented at trial, the jury
  104  shall be instructed that the jury may consider credible evidence
  105  of compliance or noncompliance to determine the reliability of
  106  eyewitness identifications.
  107         (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
  108  and Training Commission, in consultation with the Department of
  109  Law Enforcement, shall create educational materials and provide
  110  training programs on how to conduct lineups in compliance with
  111  this section.
  112         Section 2. This act shall take effect October 1, 2017.