CS/CS/HB 821

1
A bill to be entitled
2An act relating to eyewitness identification; providing a
3short title; providing legislative findings; requiring
4state and local law enforcement agencies to establish and
5implement written policies and procedures addressing
6eyewitness identification; specifying the requirements of
7the policies and procedures; requiring state and local law
8enforcement agencies to submit such policies and
9procedures to the state attorney by a specified date;
10requiring the Florida Prosecuting Attorneys Association to
11develop draft jury instructions by a specified date to be
12submitted to the Supreme Court for consideration;
13requiring the Criminal Justice Standards and Training
14Commission and the Department of Law Enforcement to create
15and make available to state and local law enforcement
16agencies educational materials and training programs
17regarding the standards for eyewitness identification
18procedures and practices in compliance with the act;
19requiring state and local law enforcement agencies to
20provide eyewitness identification procedures training to
21their law enforcement personnel; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Eyewitness identification.-
27     (1)  This section may be cited as the "2011 Eyewitness
28Identification Policies Act."
29     (2)  The Legislature finds that it is critical to establish
30appropriate standards for the effective administration of live
31lineups and photograph arrays in an effort to promote accurate
32and reliable eyewitness identification and to minimize the
33possibility of erroneous eyewitness identifications.
34     (3)  Each state and local law enforcement agency shall
35establish and implement written policies and procedures
36addressing eyewitness identification. The policies and
37procedures must include, at a minimum, the following:
38     (a)  A description of how live lineups and photograph
39arrays will be created and conducted to maintain the neutrality
40and impartiality of the identification process.
41     (b)  A standard set of instructions that the witness must
42be given before reviewing the live lineup or photograph array
43which includes the following:
44     1.  The person of interest might or might not be in the
45lineup or photograph array;
46     2.  The witness is not required to make an identification;
47     3.  It is as important to exclude innocent persons as it is
48to identify the perpetrators; and
49     4.  The investigation will continue with or without an
50identification.
51     (c)  A description of how an eyewitness will indicate that
52a positive identification has been made.
53     (d)  A description of how an eyewitness will acknowledge
54receipt of the instructions outlined in paragraph (b).
55     (e)  A description of any other documentation requirements
56deemed necessary by the agency to conduct live lineups or
57photograph arrays.
58     (4)  Each state and local law enforcement agency must
59submit such policies and procedures to its respective state
60attorney by November 1, 2011. Each state attorney shall maintain
61the policies and procedures submitted to him or her.
62     (5)  By July 1, 2011, the Florida Prosecuting Attorneys
63Association shall develop draft jury instructions regarding
64evaluating eyewitness identification testimony in criminal cases
65and forward such jury instructions to the appropriate Supreme
66Court committee for consideration.
67     (6)  The Criminal Justice Standards and Training
68Commission, in consultation with the Department of Law
69Enforcement, shall create and make available educational
70materials and training programs regarding the minimum standards
71for eyewitness identification procedures and practices described
72in subsection (3) to state and local law enforcement agencies.
73Each state and local law enforcement agency shall provide
74eyewitness identification procedures training to its law
75enforcement personnel.
76     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.