HB174 Summary

• Adds new section 801K- establishing that noncompliance with eyewitness identification requirements or suggestive procedures alone does not require exclusion of evidence; admissibility depends on whether identification has sufficient reliability under totality of circumstances.

• Removes requirement that law enforcement record eyewitness descriptions prior to photo or live lineups, and allows fillers to resemble suspect's appearance at time of offense without requiring contemporary photographs.

• Modifies showup procedures to permit photo showups when suspect is already familiar to eyewitness (spouse, relative, co-worker, neighbor) and clarifies "exigent circumstances" as temporary detention/arrest at or near crime scene pending identity verification.

• Changes suspect positioning in multi-eyewitness lineups from random placement to allowing suspect to select their own position for each eyewitness.

• Simplifies recording requirements for identification procedures from requiring video record with audio and written alternatives to a single "record" requirement that includes identification results, personnel present, and relevant identifying information.