Florida Senate - 2011 CS for SB 1206 By the Committee on Criminal Justice; and Senator Negron 591-03236-11 20111206c1 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. 47 (b) Before a lineup, the eyewitness shall be instructed 48 that: 49 1. The perpetrator might or might not be in the lineup; 50 2. The lineup administrator does not know the suspect’s 51 identity; 52 3. The eyewitness should not feel compelled to make an 53 identification; 54 4. It is as important to exclude innocent persons as it is 55 to identify the perpetrator; and 56 5. The investigation will continue with or without an 57 identification. 58 59 The eyewitness shall acknowledge, in writing, having received a 60 copy of the lineup instructions. If the eyewitness refuses to 61 sign a document acknowledging receipt of the instructions, the 62 lineup administrator shall document the refusal of the 63 eyewitness to sign the writing and then sign the acknowledgement 64 himself or herself. 65 (4) REMEDIES.—All of the following remedies are available 66 as consequence of a person not complying with the requirements 67 of this section: 68 (a)1. A failure on the part of a person to comply with any 69 requirement of this section shall be considered by the court 70 when adjudicating motions to suppress eyewitness identification. 71 2. A failure on the part of a person to comply with any 72 requirement of this section is admissible in support of claims 73 of eyewitness misidentification, as long as such evidence is 74 otherwise admissible. 75 (b) When evidence of compliance or noncompliance with the 76 requirements of this section has been presented at trial, the 77 jury shall be instructed that it may consider credible evidence 78 of compliance or noncompliance to determine the reliability of 79 eyewitness identifications. 80 (5) EDUCATION AND TRAINING.—The Criminal Justice Standards 81 and Training Commission, in consultation with the Department of 82 Law Enforcement, shall create educational materials and conduct 83 training programs on how to conduct lineups in compliance with 84 this section. 85 Section 2. This act shall take effect July 1, 2011.