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GA SB355

Bill

Status

Introduced

2/4/2014

Primary Sponsor

Bill Cowsert

Click for details

Origin

Senate

2013-2014 Regular Session

AI Summary

  • All Georgia law enforcement agencies conducting live lineups, photo lineups, or showups must adopt written identification policies by July 1, 2015, and submit them to the Georgia Peace Officer Standards and Training Council
  • Policies must require that lineups be conducted by a person who does not know the suspect's identity, include a minimum of four fillers for live lineups and five for photo lineups, and document the witness's confidence level at the time of identification
  • Agencies that fail to adopt their own written policies must default to the guidelines established by the Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center
  • Failure to comply with adopted identification policies creates a rebuttable presumption of prejudice and bad faith in criminal proceedings, and the court shall prohibit the state from introducing identification evidence obtained through non-compliant procedures
  • The Georgia Peace Officer Standards and Training Council and Georgia Public Safety Training Center must develop guidelines requiring sequential presentation in live lineups, video recording of procedures, and best practices for showups conducted close in time to the alleged crime

Legislative Description

Criminal Procedure; require a procedure for enhancing witness identification accuracy; provide definitions

Last Action

Senate Read and Referred

2/5/2014

Full Bill Text

No bill text available