CS/HB 643 Summary: Eyewitness Identification Reform Act

• Creates Section 92.70, Florida Statutes, establishing the "Eyewitness Identification Reform Act" to standardize lineup procedures conducted by state, county, municipal, and other law enforcement agencies.

• Requires lineups to be conducted by an independent administrator unaware of which person is the suspect, or alternatively allows photo lineups using automated systems, randomized folders, or other neutral administration methods that prevent the administrator from knowing which photograph is being viewed.

• Mandates eyewitnesses receive pre-lineup instructions that the perpetrator might not be present, the administrator doesn't know the suspect's identity, identification is not compulsory, excluding innocent persons is as important as identifying perpetrators, and the investigation will continue regardless of identification; eyewitnesses must sign written acknowledgment of receipt or have refusal documented.

• Makes noncompliance admissible evidence in eyewitness misidentification claims and requires courts to consider compliance failures when adjudicating motions to suppress eyewitness identification; directs juries to consider compliance evidence when determining identification reliability.

• Directs the Criminal Justice Standards and Training Commission to create educational materials and training programs on proper lineup procedures and takes effect October 1, 2017.