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MO HB575
Bill
Status
2/13/2013
Primary Sponsor
Galen Higdon
Click for details
AI Summary
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Establishes comprehensive eyewitness identification procedures requiring law enforcement agencies to adopt written rules by January 1, 2014, including use of blind/blinded administrators, sequential presentation of lineup members, minimum five fillers, video recording, and documented eyewitness confidence statements.
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Creates pretrial hearing process for suppressing eyewitness identification evidence, shifting burden to state to prove reliability after defendant shows suggestiveness, with judge considering procedural compliance and factors affecting witness reliability.
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Requires disclosure of extensive information about in-custody informants to defense counsel, including criminal history, consideration offered, recordings of interviews, and prior testimony; makes their testimony admissible only if reliable and corroborated by independent evidence.
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Expands DNA/forensic testing rights for incarcerated persons to include those sentenced to death seeking to prove innocence of aggravating factors, allowing for life sentence or resentencing if testing successful.
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Mandates recording of custodial interrogations for serious felonies including murder, assault, rape, and kidnapping when feasible, with unrecorded statements presumed inadmissible unless exceptions apply; requires law enforcement agencies to preserve biological evidence and develop written guidelines for evidence collection and preservation.
Legislative Description
Changes the laws regarding criminal procedure as it relates to obtaining and using eyewitness identification testimony, in-custody informant testimony, and the identification, collection, and preservation of biological evidence
Last Action
Referred: Crime Prevention and Public Safety(H)
2/20/2013