Bill No. CS/CS/SB 1206
Amendment No. 566995
Senate House

1Representative Snyder offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Eyewitness identification.-
6     (1)  This section may be cited as the "2011 Eyewitness
7Identification Policies Act."
8     (2)  The Legislature finds that it is critical to establish
9appropriate standards for the effective administration of live
10lineups and photograph lineups in an effort to promote accurate
11and reliable eyewitness identification and to minimize the
12possibility of erroneous eyewitness identifications.
13     (3)  Each state and local law enforcement agency shall
14establish and implement written policies and procedures
15addressing eyewitness identification. The policies and
16procedures must include, at a minimum, the following:
17     (a)  A description of how live lineups and photograph
18lineups will be created and conducted to maintain neutrality,
19which shall include using an administrator who does not know
20whether the person of interest is in the photograph array or who
21otherwise through the procedure being used cannot discern when
22the witness is viewing the photograph of the person of interest.
23     (b)  A standard set of instructions that the witness must
24be given before reviewing the live lineup or photograph array
25which includes the following:
26     1.  The person of interest might or might not be in the
27lineup or photograph array;
28     2.  The witness is not required to make an identification;
29     3.  It is as important to exclude innocent persons as it is
30to identify the perpetrators; and
31     4.  The investigation will continue with or without an
33     (c)  A description of how an eyewitness will indicate that
34a positive identification has been made.
35     (d)  A description of how an eyewitness will acknowledge
36receipt of the instructions outlined in paragraph (b).
37     (e)  A description of any other documentation requirements
38deemed necessary by the agency to conduct live lineups or
39photograph lineups.
40     (4)  Each state and local law enforcement agency must
41submit such policies and procedures to its respective state
42attorney by November 1, 2011. Each state attorney shall maintain
43the policies and procedures submitted to him or her.
44     (5)  By July 1, 2011, the Florida Prosecuting Attorneys
45Association shall develop draft jury instructions regarding
46evaluating eyewitness identification testimony in criminal cases
47and forward such jury instructions to the appropriate Supreme
48Court committee for consideration.
49     (6)  The Criminal Justice Standards and Training
50Commission, in consultation with the Department of Law
51Enforcement, shall create and make available educational
52materials and training programs regarding the minimum standards
53for eyewitness identification procedures and practices described
54in subsection (3) to state and local law enforcement agencies.
55Each state and local law enforcement agency shall provide
56eyewitness identification procedures training to its law
57enforcement personnel.
58     Section 2.  This act shall take effect July 1, 2011.
T I T L E  A M E N D M E N T
62     Remove the entire title and insert:
A bill to be entitled
64An act relating to eyewitness identification; providing a
65short title; providing legislative findings; requiring
66state and local law enforcement agencies to establish and
67implement written policies and procedures addressing
68eyewitness identification; specifying the requirements of
69the policies and procedures; requiring state and local law
70enforcement agencies to submit such policies and
71procedures to the state attorney by a specified date;
72requiring the Florida Prosecuting Attorneys Association to
73develop draft jury instructions by a specified date to be
74submitted to the Supreme Court for consideration;
75requiring the Criminal Justice Standards and Training
76Commission and the Department of Law Enforcement to create
77and make available to state and local law enforcement
78agencies educational materials and training programs
79regarding the standards for eyewitness identification
80procedures and practices in compliance with the act;
81requiring state and local law enforcement agencies to
82provide eyewitness identification procedures training to
83their law enforcement personnel; providing an effective

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