CS/HB 821

1	A bill to be entitled
2	An act relating to eyewitness identification; providing a
3	short title; defining terms; requiring lineups conducted
4	by state, county, municipal, and other law enforcement
5	agencies to meet specified requirements; requiring an
6	eyewitness to sign an acknowledgement that he or she
7	received lineup instructions; specifying remedies for
8	failing to adhere to eyewitness identification procedures;
9	requiring the Criminal Justice Standards and Training
10	Commission to create educational materials and conduct
11	training programs on how to conduct lineups in compliance
12	with the act; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Eyewitness identification.-
17	(1)  SHORT TITLE.-This section may be cited as the
18	"Eyewitness Identification Reform Act."
19	(2)  DEFINITIONS.-As used in this section, the term:
20	(a)  "Eyewitness" means a person whose identification by
21	sight of another person may be relevant in a criminal
22	proceeding.
23	(b)  "Filler" means a person or a photograph of a person
24	who is not suspected of an offense but is included in a lineup.
25	(c)  "Independent administrator" means a person who is not
26	participating in the investigation of a criminal offense and is
27	unaware of which person in the lineup is the suspect.
28	(d)  "Lineup" means a photo lineup or live lineup.
29	(e)  "Lineup administrator" means the person who conducts a
30	lineup.
31	(f)  "Live lineup" means a procedure in which a group of
32	people is displayed to an eyewitness for the purpose of
33	determining whether the eyewitness is able to identify the
34	perpetrator of a crime.
35	(g)  "Photo lineup" means a procedure in which an array of
36	photographs is displayed to an eyewitness for the purpose of
37	determining whether the eyewitness is able to identify the
38	perpetrator of a crime.
39	(3)  EYEWITNESS IDENTIFICATION PROCEDURES.-Lineups
40	conducted in this state by state, county, municipal, and other
41	law enforcement agencies must meet all of the following
42	requirements:
43	(a)  A lineup must be conducted by an independent
44	administrator. In lieu of using an independent administrator, a
45	photo lineup eyewitness identification procedure may be
46	conducted using an alternative method specified and approved by
47	the Criminal Justice Standards and Training Commission. Any
48	alternative method must be carefully structured to achieve
49	neutral administration and to prevent the administrator from
50	knowing which photograph is being presented to the eyewitness
51	during the identification procedure. Alternative methods may
52	include any of the following:
53	1.  An automated computer program that can automatically
54	administer the photo lineup directly to an eyewitness and
55	prevent the lineup administrator from seeing which photo the
56	witness is viewing until after the procedure is completed.
57	2.  A procedure in which photographs are placed in folders,
58	randomly numbered, and shuffled and then presented to an
59	eyewitness such that the lineup administrator cannot see or
60	track which photograph is being presented to the witness until
61	after the procedure is completed.
62	3.  Any other procedure that achieves neutral
63	administration.
64	(b)  Before a lineup, the eyewitness shall be instructed
65	that:
66	1.  The perpetrator may or may not be in the lineup;
67	2.  The lineup administrator is unaware of which person in
68	the lineup is the suspect;
69	3.  The eyewitness should not feel compelled to make an
70	identification;
71	4.  It is as important to exclude innocent persons as it is
72	to identify the perpetrator; and
73	5.  The investigation will continue with or without an
74	identification.
75
76	The eyewitness shall acknowledge, in writing, having received a
77	copy of the lineup instructions. If the eyewitness refuses to
78	sign a document acknowledging receipt of the instructions, the
79	lineup administrator shall indicate on the acknowledgement the
80	refusal of the eyewitness to sign the acknowledgement and then
81	sign the acknowledgement himself or herself.
82	(4)  REMEDIES.-All of the following remedies are available
83	when a person does not comply with the requirements of this
84	section:
85	(a)  A person's failure to comply with any requirement of
86	this section shall be:
87	1.  Considered by the court when adjudicating motions to
88	suppress eyewitness identification.
89	2.  Admissible in support of claims of eyewitness
90	misidentification as long as such evidence is otherwise
91	admissible.
92	(b)  When evidence of compliance or noncompliance with any
93	requirement of this section has been presented at trial, the
94	jury shall be instructed that it may consider credible evidence
95	of compliance or noncompliance to determine the reliability of
96	eyewitness identifications.
97	(5)  EDUCATION AND TRAINING.-The Criminal Justice Standards
98	and Training Commission, in consultation with the Department of
99	Law Enforcement, shall create educational materials and conduct
100	training programs on how to conduct lineups in compliance with
101	this section.
102	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.