HB 744 Summary

• Requires criminal justice entities to adopt specific eyewitness identification procedures for photo lineups, live lineups, and showups, including blind or blinded administration, proper filler selection, and detailed documentation requirements.

• Mandates recording of eyewitness descriptions before lineups, separate viewing of lineups by multiple witnesses, at least 5 fillers in photo lineups and 4 fillers in live lineups, and immediate confidence statements from witnesses upon identification.

• Restricts showups to exigent circumstances only and prohibits single-photo showups; requires neutral locations, detailed descriptions before showup, and photographic documentation of suspects.

• Establishes pretrial evidentiary hearings for eyewitness identification evidence where courts examine law enforcement compliance with procedures and may suppress evidence or instruct juries regarding noncompliance and contamination risks.

• Directs the Department of Public Safety to create training programs for law enforcement on eyewitness identification methods and scientific findings, with authority to promulgate implementing rules.