Florida Senate - 2011 SENATOR AMENDMENT Bill No. SB 1398 Barcode 121900 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 05/05/2011 07:44 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Negron moved the following: 1 Senate Amendment to Amendment (387558) (with title 2 amendment) 3 4 Between lines 21 and 22 5 insert: 6 Section 3. 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, or 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 used; 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 a 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 4. Sections 1 of this act shall take effect July 1, 97 2012, and section 2 of this act shall take effect October 1, 98 2011. 99 100 ================= T I T L E A M E N D M E N T ================ 101 And the title is amended as follows: 102 Delete line 382 103 and insert: 104 the term of court unless good cause is shown; 105 providing a short title; defining terms; requiring 106 state, county, municipal, and other law enforcement 107 agencies that conduct lineups to follow certain 108 specified procedures; requiring the eyewitness to sign 109 an acknowledgement that he or she received the 110 instructions about the lineup procedures from the law 111 enforcement agency; requiring that the lineup 112 administrator document the refusal of an eyewitness to 113 sign the acknowledgement; specifying remedies for 114 failing to adhere to the eyewitness identification 115 procedures; requiring the Criminal Justice Standards 116 and Training Commission to create educational 117 materials and conduct training programs on how to 118 conduct lineups in compliance with the act; amending 119 ss.