Florida Senate - 2014 SB 1004
By Senator Joyner
19-01170-14 20141004__
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 a state, county, municipal, or other
5 law enforcement agency that conducts lineups to follow
6 certain specified procedures; requiring an eyewitness
7 to sign an acknowledgement that he or she received the
8 instructions about the lineup procedures from the law
9 enforcement agency; specifying remedies for failure to
10 adhere to the eyewitness identification procedures;
11 requiring the Criminal Justice Standards and Training
12 Commission to create educational materials and
13 administer training programs on how to conduct lineups
14 in compliance with the act; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 92.70, Florida Statutes, is created to
20 read:
21 92.70 Eyewitness identification.—
22 (1) SHORT TITLE.—This section may be cited as the
23 “Eyewitness Identification Reform Act.”
24 (2) DEFINITIONS.—As used in this section, the term:
25 (a) “Eyewitness” means a person whose identification by
26 sight of another person may be relevant in a criminal
27 proceeding.
28 (b) “Independent administrator” means a person who is not
29 participating in the investigation of a criminal offense and is
30 unaware which person in a lineup is the suspect.
31 (c) “Lineup” means a photo lineup or live lineup.
32 (d) “Lineup administrator” means the person who conducts a
33 lineup.
34 (e) “Live lineup” means a procedure in which a group of
35 people is displayed to an eyewitness for the purpose of
36 determining if the eyewitness can identify the perpetrator of a
37 crime.
38 (f) “Photo lineup” means a procedure in which an array of
39 photographs is displayed to an eyewitness for the purpose of
40 determining if the eyewitness can identify the perpetrator of a
41 crime.
42 (3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup
43 conducted in this state by a state, county, municipal, or other
44 law enforcement agency must meet all of the following
45 requirements:
46 (a) The lineup must be conducted by an independent
47 administrator. In lieu of using an independent administrator, a
48 photo lineup eyewitness identification procedure may be
49 conducted using an alternative method specified and approved by
50 the Criminal Justice Standards and Training Commission. The
51 alternative method must be carefully structured to achieve
52 neutral administration and to prevent the lineup administrator
53 from knowing which photograph is being presented to the
54 eyewitness during the identification procedure. An alternative
55 method may include any of the following:
56 1. An automated computer program that can automatically
57 administer the photo lineup directly to an eyewitness and
58 prevent the lineup administrator from seeing which photo the
59 eyewitness is viewing until after the procedure is completed.
60 2. A procedure in which photographs are placed in folders,
61 randomly numbered, shuffled, and then presented to an eyewitness
62 such that the lineup administrator cannot see or track which
63 photograph is being presented to the eyewitness until after the
64 procedure is completed.
65 3. Any other procedure that achieves neutral administration
66 and prevents the lineup administrator from knowing which
67 photograph is being presented to the eyewitness during the
68 identification procedure.
69 (b) Before a lineup, the eyewitness shall be instructed
70 that:
71 1. The perpetrator might or might not be in the lineup;
72 2. The lineup administrator does not know the suspect’s
73 identity, except that this instruction does not need to be given
74 if a specified and approved alternative method of neutral
75 administration is used;
76 3. The eyewitness should not feel compelled to make an
77 identification;
78 4. It is as important to exclude innocent persons as it is
79 to identify the perpetrator; and
80 5. The investigation will continue with or without an
81 identification.
82 (c) The eyewitness must acknowledge in writing that he or
83 she received a copy of the lineup instructions. If the
84 eyewitness refuses to sign a document acknowledging receipt of
85 the instructions, the lineup administrator shall document the
86 refusal of the eyewitness to sign the writing and shall sign the
87 acknowledgement himself or herself.
88 (4) REMEDIES.—A person’s failure to comply with a
89 requirement of this section shall be considered by the court
90 when adjudicating a motion to suppress eyewitness identification
91 and is admissible in support of claims of eyewitness
92 misidentification if such evidence is otherwise admissible. If
93 evidence of compliance or noncompliance with the requirements of
94 this section has been presented at trial, the court shall
95 instruct the jury that it may consider credible evidence of
96 compliance or noncompliance to determine the reliability of an
97 eyewitness identification.
98 (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
99 and Training Commission, in consultation with the Department of
100 Law Enforcement, shall create educational materials and
101 administer training programs on how to conduct lineups in
102 compliance with this section.
103 Section 2. This act shall take effect October 1, 2014.