CS for CS for SB 1206 First Engrossed (ntc) 20111206e1 1 A bill to be entitled 2 An act relating to eyewitness identification; 3 providing a short title; defining terms; requiring 4 state, county, municipal, and other law enforcement 5 agencies that conduct lineups to follow certain 6 specified procedures; requiring the eyewitness to sign 7 an acknowledgement that he or she received the 8 instructions about the lineup procedures from the law 9 enforcement agency; specifying remedies for failing to 10 adhere to the eyewitness identification procedures; 11 requiring the Criminal Justice Standards and Training 12 Commission to create educational materials and conduct 13 training programs on how to conduct lineups in 14 compliance with the act; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Eyewitness identification.— 19 (1) SHORT TITLE.—This section may be cited as the 20 “Eyewitness Identification Reform Act.” 21 (2) DEFINITIONS.—As used in this section, the term: 22 (a) “Eyewitness” means a person whose identification by 23 sight of another person may be relevant in a criminal 24 proceeding. 25 (b) “Filler” means a person or a photograph of a person who 26 is not suspected of an offense but is included in a lineup. 27 (c) “Independent administrator” means a person who is not 28 participating in the investigation of a criminal offense and is 29 unaware of which person in the lineup is the suspect. 30 (d) “Lineup” means a photo lineup or live lineup. 31 (e) “Lineup administrator” means the person who conducts a 32 lineup. 33 (f) “Live lineup” means a procedure in which a group of 34 people is displayed to an eyewitness for the purpose of 35 determining if the eyewitness is able to identify the 36 perpetrator of a crime. 37 (g) “Photo lineup” means a procedure in which an array of 38 photographs is displayed to an eyewitness for the purpose of 39 determining if the eyewitness is able to identify the 40 perpetrator of a crime. 41 (3) EYEWITNESS IDENTIFICATION PROCEDURES.—Lineups conducted 42 in this state by state, county, municipal, and other law 43 enforcement agencies must meet all of the following 44 requirements: 45 (a) A lineup must be conducted by an independent 46 administrator. In lieu of using an independent administrator, a 47 photo lineup eyewitness identification procedure may be 48 conducted using an alternative method specified and approved by 49 the Criminal Justice Standards and Training Commission. Any 50 alternative method must be carefully structured to achieve 51 neutral administration and to prevent the administrator from 52 knowing which photograph is being presented to the eyewitness 53 during the identification procedure. Alternative methods may 54 include any of the following: 55 1. Automated computer programs that can automatically 56 administer the photo lineup directly to an eyewitness and 57 prevent the lineup administrator from seeing which photo the 58 witness is viewing until after the procedure is completed. 59 2. A procedure in which photographs are placed in folders, 60 randomly numbered, and shuffled and then presented to an 61 eyewitness such that the administrator cannot see or track which 62 photograph is being presented to the witness until after the 63 procedure is completed. 64 3. Any other procedure that achieves neutral administration 65 and prevents the administrator from knowing which photograph is 66 being presented to the eyewitness during the identification 67 procedure. 68 (b) Before a lineup, the eyewitness shall be instructed 69 that: 70 1. The perpetrator might or might not be in the lineup; 71 2. The lineup administrator does not know the suspect’s 72 identity, except that this instruction need not be given when a 73 specified and approved alternative method of neutral 74 administration is utilized; 75 3. The eyewitness should not feel compelled to make an 76 identification; 77 4. It is as important to exclude innocent persons as it is 78 to identify the perpetrator; and 79 5. The investigation will continue with or without an 80 identification. 81 82 The eyewitness shall acknowledge, in writing, having received a 83 copy of the lineup instructions. If the eyewitness refuses to 84 sign a document acknowledging receipt of the instructions, the 85 lineup administrator shall document the refusal of the 86 eyewitness to sign the writing and then sign the acknowledgement 87 himself or herself. 88 (4) REMEDIES.—All of the following remedies are available 89 as consequence of a person not complying with the requirements 90 of this section: 91 (a)1. A failure on the part of a person to comply with any 92 requirement of this section shall be considered by the court 93 when adjudicating motions to suppress eyewitness identification. 94 2. A failure on the part of a person to comply with any 95 requirement of this section is admissible in support of claims 96 of eyewitness misidentification, as long as such evidence is 97 otherwise admissible. 98 (b) When evidence of compliance or noncompliance with the 99 requirements of this section has been presented at trial, the 100 jury shall be instructed that it may consider credible evidence 101 of compliance or noncompliance to determine the reliability of 102 eyewitness identifications. 103 (5) EDUCATION AND TRAINING.—The Criminal Justice Standards 104 and Training Commission, in consultation with the Department of 105 Law Enforcement, shall create educational materials and conduct 106 training programs on how to conduct lineups in compliance with 107 this section. 108 Section 2. This act shall take effect October 1, 2011.