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MO HB1407
Bill
Status
1/14/2014
Primary Sponsor
Brandon Ellington
Click for details
AI Summary
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Requires criminal justice entities to adopt specific eyewitness identification procedures for photo lineups, live lineups, and showups, including recording complete descriptions of perpetrators and observational conditions before any identification procedure.
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Mandates blind or blinded administration of lineups when practicable, with at least 5 fillers in photo lineups and 4 fillers in live lineups, all resembling the eyewitness's description of the perpetrator.
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Requires eyewitnesses to be informed that the perpetrator may not be present, the administrator doesn't know the suspect's identity, they should not feel compelled to identify anyone, and the investigation will continue regardless of identification results.
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Requires video, audio, or written records of all identification procedures documenting results, confidence statements, names of persons present, lineup members' names, and reasons for any noncompliance with procedures.
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Establishes pretrial evidentiary hearings in criminal cases where eyewitness identification is offered as evidence, allowing courts to suppress identification evidence if substantial misidentification probability exists or instruct juries about procedural compliance and contamination risks.
Legislative Description
Requires any criminal justice entity conducting eyewitness identifications to adopt specific procedures for conducting photo and live lineups that meet specified requirements
Last Action
Referred: Crime Prevention and Public Safety(H)
1/28/2014