Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1206
Barcode 528852
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/28/2011 .
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The Committee on Criminal Justice (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Eyewitness identification.—
6 (1) SHORT TITLE.—This section may be cited as the
7 “Eyewitness Identification Reform Act.”
8 (2) DEFINITIONS.—As used in this section, the term:
9 (a) “Eyewitness” means a person whose identification by
10 sight of another person may be relevant in a criminal
11 proceeding.
12 (b) “Filler” means a person or a photograph of a person who
13 is not suspected of an offense but is included in a lineup.
14 (c) “Independent administrator” means a person who is not
15 participating in the investigation of a criminal offense and is
16 unaware of which person in the lineup is the suspect.
17 (d) “Lineup” means a photo lineup or live lineup.
18 (e) “Lineup administrator” means the person who conducts a
19 lineup.
20 (f) “Live lineup” means a procedure in which a group of
21 people is displayed to an eyewitness for the purpose of
22 determining if the eyewitness is able to identify the
23 perpetrator of a crime.
24 (g) “Photo lineup” means a procedure in which an array of
25 photographs is displayed to an eyewitness for the purpose of
26 determining if the eyewitness is able to identify the
27 perpetrator of a crime.
28 (3) EYEWITNESS IDENTIFICATION PROCEDURES.—Lineups conducted
29 in this state by state, county, municipal, and other law
30 enforcement agencies must meet all of the following
31 requirements:
32 (a) A lineup must be conducted by an independent
33 administrator.
34 (b) Before a lineup, the eyewitness shall be instructed
35 that:
36 1. The perpetrator might or might not be in the lineup;
37 2. The lineup administrator does not know the suspect’s
38 identity;
39 3. The eyewitness should not feel compelled to make an
40 identification;
41 4. It is as important to exclude innocent persons as it is
42 to identify the perpetrator; and
43 5. The investigation will continue with or without an
44 identification.
45
46 The eyewitness shall acknowledge, in writing, having received a
47 copy of the lineup instructions. If the eyewitness refuses to
48 sign a document acknowledging receipt of the instructions, the
49 lineup administrator shall document the refusal of the
50 eyewitness to sign the writing and then sign the acknowledgement
51 himself or herself.
52 (4) REMEDIES.—All of the following remedies are available
53 as consequence of a person not complying with the requirements
54 of this section:
55 (a)1. A failure on the part of a person to comply with any
56 requirement of this section shall be considered by the court
57 when adjudicating motions to suppress eyewitness identification.
58 2. A failure on the part of a person to comply with any
59 requirement of this section is admissible in support of claims
60 of eyewitness misidentification, as long as such evidence is
61 otherwise admissible.
62 (b) When evidence of compliance or noncompliance with the
63 requirements of this section has been presented at trial, the
64 jury shall be instructed that it may consider credible evidence
65 of compliance or noncompliance to determine the reliability of
66 eyewitness identifications.
67 (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
68 and Training Commission, in consultation with the Department of
69 Law Enforcement, shall create educational materials and conduct
70 training programs on how to conduct lineups in compliance with
71 this section.
72 Section 2. This act shall take effect July 1, 2011.
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete everything before the enacting clause
77 and insert:
78 A bill to be entitled
79 An act relating to eyewitness identification;
80 providing a short title; defining terms; requiring
81 state, county, municipal, and other law enforcement
82 agencies that conduct lineups to follow certain
83 specified procedures; requiring the eyewitness to sign
84 an acknowledgement that he or she received the
85 instructions about the lineup procedures from the law
86 enforcement agency; specifying remedies for failing to
87 adhere to the eyewitness identification procedures;
88 requiring the Criminal Justice Standards and Training
89 Commission to create educational materials and conduct
90 training programs on how to conduct lineups in
91 compliance with the act; providing an effective date.