HB 1093 - Eyewitness Identification Reform Act

• Requires state, county, municipal, and other law enforcement agencies to conduct lineups using an independent administrator who is unaware of which person is the suspect.

• Allows photographic lineups to use Criminal Justice Standards and Training Commission-approved alternative methods such as automated computer programs or randomly shuffled folder procedures that prevent the administrator from knowing which photo is being presented.

• Mandates eyewitnesses receive pre-lineup instructions that the suspect may not be present, they should not feel compelled to identify anyone, excluding innocent persons is important, and investigations will continue regardless of identification outcome.

• Requires eyewitnesses to sign a written acknowledgement confirming receipt of lineup instructions; if the eyewitness refuses, the lineup administrator must document the refusal and sign on their behalf.

• Makes noncompliance with identification procedures admissible evidence in suppression motions and eyewitness misidentification claims, and allows juries to consider compliance evidence when determining reliability of eyewitness identification.

• Directs the Criminal Justice Standards and Training Commission to create educational materials and conduct training programs on compliant lineup procedures; effective October 1, 2014.