1 | Representative Snyder offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 329-424 and insert: |
5 | Section 25. (1) Eyewitness identification.- |
6 | (1) This section may be cited as the "2011 Eyewitness |
7 | Identification Policies Act." |
8 | (2) The Legislature finds that it is critical to establish |
9 | appropriate standards for the effective administration of live |
10 | lineups and photograph lineups in an effort to promote accurate |
11 | and reliable eyewitness identification and to minimize the |
12 | possibility of erroneous eyewitness identifications. |
13 | (3) Each state and local law enforcement agency shall |
14 | establish and implement written policies and procedures |
15 | addressing eyewitness identification. The policies and |
16 | procedures must include, at a minimum, the following: |
17 | (a) A description of how live lineups and photograph |
18 | lineups will be created and conducted to maintain neutrality, |
19 | which shall include using an administrator who does not know |
20 | whether the person of interest is in the photograph array or who |
21 | otherwise through the procedure being used cannot discern when |
22 | the witness is viewing the photograph of the person of interest. |
23 | (b) A standard set of instructions that the witness must |
24 | be given before reviewing the live lineup or photograph array |
25 | which includes the following: |
26 | 1. The person of interest might or might not be in the |
27 | lineup or photograph array; |
28 | 2. The witness is not required to make an identification; |
29 | 3. It is as important to exclude innocent persons as it is |
30 | to identify the perpetrators; and |
31 | 4. The investigation will continue with or without an |
32 | identification. |
33 | (c) A description of how an eyewitness will indicate that |
34 | a positive identification has been made. |
35 | (d) A description of how an eyewitness will acknowledge |
36 | receipt of the instructions outlined in paragraph (b). |
37 | (e) A description of any other documentation requirements |
38 | deemed necessary by the agency to conduct live lineups or |
39 | photograph lineups. |
40 | (4) Each state and local law enforcement agency must |
41 | submit such policies and procedures to its respective state |
42 | attorney by November 1, 2011. Each state attorney shall maintain |
43 | the policies and procedures submitted to him or her. |
44 | (5) By July 1, 2011, the Florida Prosecuting Attorneys |
45 | Association shall develop draft jury instructions regarding |
46 | evaluating eyewitness identification testimony in criminal cases |
47 | and forward such jury instructions to the appropriate Supreme |
48 | Court committee for consideration. |
49 | (6) The Criminal Justice Standards and Training |
50 | Commission, in consultation with the Department of Law |
51 | Enforcement, shall create and make available educational |
52 | materials and training programs regarding the minimum standards |
53 | for eyewitness identification procedures and practices described |
54 | in subsection (3) to state and local law enforcement agencies. |
55 | Each state and local law enforcement agency shall provide |
56 | eyewitness identification procedures training to its law |
57 | enforcement personnel. |
58 | (2) This section shall take effect July 1, 2011. |
59 | Section 26. Except as otherwise expressly provided in this |
60 | act and except for this section, which shall take effect upon |
61 | this act becoming a law, this act shall take effect January 1, |
62 | 2012. |
63 |
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64 |
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65 | ----------------------------------------------------- |
66 | T I T L E A M E N D M E N T |
67 | Remove lines 64-76 and insert: |
68 | provisions to changes made by the act; providing a short |
69 | title; providing legislative findings; requiring state and |
70 | local law enforcement agencies to establish and implement |
71 | written policies and procedures addressing eyewitness |
72 | identification; specifying the requirements of the |
73 | policies and procedures; requiring state and local law |
74 | enforcement agencies to submit such policies and |
75 | procedures to the state attorney by a specified date; |
76 | requiring the Florida Prosecuting Attorneys Association to |
77 | develop draft jury instructions by a specified date to be |
78 | submitted to the Supreme Court for consideration; |
79 | requiring the Criminal Justice Standards and Training |
80 | Commission and the Department of Law Enforcement to create |
81 | and make available to state and local law enforcement |
82 | agencies educational materials and training programs |
83 | regarding the standards for eyewitness identification |
84 | procedures and practices in compliance with the act; |
85 | requiring state and local law enforcement agencies to |
86 | provide eyewitness identification procedures training to |
87 | their law enforcement personnel; providing effective |
88 | dates. |