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HI SB161
Bill
Status
1/22/2015
Primary Sponsor
Gil Keith-agaran
Click for details
AI Summary
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Establishes new chapter in Hawaii Revised Statutes requiring law enforcement agencies to adopt specific procedures for conducting eyewitness identification procedures including photo lineups, live lineups, and showups.
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Mandates blind or blinded administration of lineups where practicable, requires recording of eyewitness descriptions before identification, and prohibits suggestive procedures or information that could influence identifications.
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Requires video recording of all identification procedures with specific information documented, or audio recording if video is impracticable, supplemented by photographs of lineup participants.
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Grants defendants the right to challenge eyewitness identification evidence at a pretrial evidentiary hearing and requires courts to suppress identification evidence when there is substantial probability of misidentification due to noncompliance with procedures.
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Requires law enforcement entities to provide training to officers and recruits on eyewitness identification methods, technical aspects, and scientific findings supporting the identification practices in the chapter, effective January 1, 2016.
Legislative Description
Criminal Procedure; Eyewitness Identification; Remedies
Last Action
The committee on PSM deferred the measure.
2/12/2015