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HI SB147

Bill

Status

Introduced

1/22/2015

Primary Sponsor

Gil Keith-agaran

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Creates new chapter establishing statewide eyewitness identification procedures for law enforcement, including requirements for photo lineups, live lineups, and showups.

  • Requires law enforcement to inform eyewitnesses that the suspect may not be present, that the administrator does not know the suspect's identity (when applicable), and that the investigation will continue regardless of identification outcome.

  • Mandates at least five fillers for photo lineups and four fillers for live lineups; restricts showups to exigent circumstances and requires written documentation of reasons for using showup instead of lineup procedures.

  • Prohibits contamination of eyewitness identification through suggestive procedures, requiring suspect to wear distinctive clothing, displaying suspect in handcuffs, or other actions that influence identification.

  • Requires courts to instruct juries that they may consider evidence of noncompliance with chapter procedures when assessing reliability of eyewitness identification evidence; directs attorney general to establish uniform statewide procedures.

Legislative Description

Criminal Procedure; Eyewitness Identification

Last Action

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

2/13/2015

Committee Referrals

Ways and Means2/13/2015
Judiciary and Labor1/22/2015

Full Bill Text

No bill text available