Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1206
                                Barcode 528852                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                

       The Committee on Criminal Justice (Dean) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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.
   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.