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HI SB2304
Bill
Status
3/6/2012
Primary Sponsor
Maile Shimabukuro
Click for details
AI Summary
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Requires each county police department and state investigative agencies to adopt eyewitness identification procedures for live lineups and photo lineups by January 1, 2014.
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Mandates that lineups be conducted by investigators unaware of which person is the suspect when practicable, or if not practicable, presented simultaneously with written documentation of the reason.
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Establishes specific procedures including instructing eyewitnesses that the suspect may not be in the lineup, using at least four fillers for live lineups and five for photo lineups, and recording the eyewitness's confidence level in their own words.
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Requires comprehensive written records documenting all identification results, participants present, date and time, order of presentation, and photographs or visual recordings of the lineup.
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Makes evidence of noncompliance admissible in suppression motions and trial proceedings, with jury instructions permitted to consider credible evidence of procedural violations when evaluating eyewitness reliability.
Legislative Description
Criminal Procedure; Eyewitness Identification of Suspects
Last Action
(H) The committee(s) on FIN recommend(s) that the measure be deferred.
4/4/2012