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HI HB1061
Bill
Status
1/24/2019
Primary Sponsor
Joy San Buenaventura
Click for details
AI Summary
H.B. 1061 - Eyewitness Identification Procedures
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Establishes mandatory procedures for law enforcement conducting eyewitness identifications through photo lineups, live lineups, and showups to improve accuracy and reduce wrongful convictions.
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Requires blind or blinded administrators for lineups, with at least 5 fillers in photo lineups and 4 fillers in live lineups, all resembling the eyewitness' description of the suspect.
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Mandates pre-identification recording of the eyewitness' complete description of the perpetrator, observation conditions, and vision status, plus instructions that the suspect may not be present and no identification is required.
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Requires video recording of all identification procedures (or audio if impracticable, or written if both impracticable) documenting results, participants, administrator status, date/time, and confidence statements from eyewitnesses.
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Requires law enforcement training on eyewitness identification methods and scientific research, with special protocols for showups limited to exigent circumstances and multiple eyewitnesses viewed separately.
Legislative Description
Relating To Criminal Procedure.
Criminal Procedure
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Aquino, Nakamura excused (2).
2/14/2019