MO SB303

Law enforcement agencies must adopt written policies for eyewitness identification procedures (photo lineups, live lineups, showups) by January 1, 2018, and submit copies to the Department of Public Safety by February 1, 2018

Lineup administrators must either not know the suspect's identity or use procedures preventing them from seeing which lineup members the eyewitness views ("blind administration")

Photo lineups require minimum 5 fillers; live lineups require minimum 4 fillers; all fillers must generally match the eyewitness's description of the perpetrator

Eyewitnesses must be instructed that the perpetrator may not be in the lineup and that the investigation will continue regardless of identification; verbatim confidence statements must be documented at time of identification

Noncompliance does not exclude evidence at trial, but juries may consider compliance or noncompliance when assessing reliability of pre-trial identifications