| 1 | Representative Snyder offered the following: |
| 2 |
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| 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 |
| 7 | Identification Policies Act." |
| 8 | (2) The Legislature finds that it is critical to establish |
| 9 | appropriate standards for the effective administration of live |
| 10 | lineups and photograph lineups in an effort to promote accurate |
| 11 | and reliable eyewitness identification and to minimize the |
| 12 | possibility of erroneous eyewitness identifications. |
| 13 | (3) Each state and local law enforcement agency shall |
| 14 | establish and implement written policies and procedures |
| 15 | addressing eyewitness identification. The policies and |
| 16 | procedures must include, at a minimum, the following: |
| 17 | (a) A description of how live lineups and photograph |
| 18 | lineups will be created and conducted to maintain neutrality, |
| 19 | which shall include using an administrator who does not know |
| 20 | whether the person of interest is in the photograph array or who |
| 21 | otherwise through the procedure being used cannot discern when |
| 22 | the witness is viewing the photograph of the person of interest. |
| 23 | (b) A standard set of instructions that the witness must |
| 24 | be given before reviewing the live lineup or photograph array |
| 25 | which includes the following: |
| 26 | 1. The person of interest might or might not be in the |
| 27 | lineup 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 |
| 30 | to identify the perpetrators; and |
| 31 | 4. The investigation will continue with or without an |
| 32 | identification. |
| 33 | (c) A description of how an eyewitness will indicate that |
| 34 | a positive identification has been made. |
| 35 | (d) A description of how an eyewitness will acknowledge |
| 36 | receipt of the instructions outlined in paragraph (b). |
| 37 | (e) A description of any other documentation requirements |
| 38 | deemed necessary by the agency to conduct live lineups or |
| 39 | photograph lineups. |
| 40 | (4) Each state and local law enforcement agency must |
| 41 | submit such policies and procedures to its respective state |
| 42 | attorney by November 1, 2011. Each state attorney shall maintain |
| 43 | the policies and procedures submitted to him or her. |
| 44 | (5) By July 1, 2011, the Florida Prosecuting Attorneys |
| 45 | Association shall develop draft jury instructions regarding |
| 46 | evaluating eyewitness identification testimony in criminal cases |
| 47 | and forward such jury instructions to the appropriate Supreme |
| 48 | Court committee for consideration. |
| 49 | (6) The Criminal Justice Standards and Training |
| 50 | Commission, in consultation with the Department of Law |
| 51 | Enforcement, shall create and make available educational |
| 52 | materials and training programs regarding the minimum standards |
| 53 | for eyewitness identification procedures and practices described |
| 54 | in subsection (3) to state and local law enforcement agencies. |
| 55 | Each state and local law enforcement agency shall provide |
| 56 | eyewitness identification procedures training to its law |
| 57 | enforcement personnel. |
| 58 | Section 2. This act shall take effect July 1, 2011. |
| 59 |
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| 60 | ----------------------------------------------------- |
| 61 | T I T L E A M E N D M E N T |
| 62 | Remove the entire title and insert: |
| 63 | A bill to be entitled |
| 64 | An act relating to eyewitness identification; providing a |
| 65 | short title; providing legislative findings; requiring |
| 66 | state and local law enforcement agencies to establish and |
| 67 | implement written policies and procedures addressing |
| 68 | eyewitness identification; specifying the requirements of |
| 69 | the policies and procedures; requiring state and local law |
| 70 | enforcement agencies to submit such policies and |
| 71 | procedures to the state attorney by a specified date; |
| 72 | requiring the Florida Prosecuting Attorneys Association to |
| 73 | develop draft jury instructions by a specified date to be |
| 74 | submitted to the Supreme Court for consideration; |
| 75 | requiring the Criminal Justice Standards and Training |
| 76 | Commission and the Department of Law Enforcement to create |
| 77 | and make available to state and local law enforcement |
| 78 | agencies educational materials and training programs |
| 79 | regarding the standards for eyewitness identification |
| 80 | procedures and practices in compliance with the act; |
| 81 | requiring state and local law enforcement agencies to |
| 82 | provide eyewitness identification procedures training to |
| 83 | their law enforcement personnel; providing an effective |
| 84 | date. |