Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for HB 391
                                Barcode 238148                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Negron moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 19 and 20
    4  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. In lieu of using an independent administrator, a
   34  photo lineup eyewitness identification procedure may be
   35  conducted using an alternative method specified and approved by
   36  the Criminal Justice Standards and Training Commission. Any
   37  alternative method must be carefully structured to achieve
   38  neutral administration and to prevent the administrator from
   39  knowing which photograph is being presented to the eyewitness
   40  during the identification procedure. Alternative methods may
   41  include any of the following:
   42         1.Automated computer programs that can automatically
   43  administer the photo lineup directly to an eyewitness and
   44  prevent the lineup administrator from seeing which photo the
   45  witness is viewing until after the procedure is completed.
   46         2.A procedure in which photographs are placed in folders,
   47  randomly numbered, and shuffled and then presented to an
   48  eyewitness such that the administrator cannot see or track which
   49  photograph is being presented to the witness until after the
   50  procedure is completed.
   51         3.Any other procedure that achieves neutral administration
   52  and prevents the administrator from knowing which photograph is
   53  being presented to the eyewitness during the identification
   54  procedure.
   55         (b)Before a lineup, the eyewitness shall be instructed
   56  that:
   57         1.The perpetrator might or might not be in the lineup;
   58         2.The lineup administrator does not know the suspect’s
   59  identity, except that this instruction need not be given when a
   60  specified and approved alternative method of neutral
   61  administration is utilized;
   62         3.The eyewitness should not feel compelled to make an
   63  identification;
   64         4.It is as important to exclude innocent persons as it is
   65  to identify the perpetrator; and
   66         5.The investigation will continue with or without an
   67  identification.
   69  The eyewitness shall acknowledge, in writing, having received a
   70  copy of the lineup instructions. If the eyewitness refuses to
   71  sign a document acknowledging receipt of the instructions, the
   72  lineup administrator shall document the refusal of the
   73  eyewitness to sign the writing and then sign the acknowledgement
   74  himself or herself.
   75         (4)REMEDIES.—All of the following remedies are available
   76  as consequence of a person not complying with the requirements
   77  of this section:
   78         (a)1.A failure on the part of a person to comply with any
   79  requirement of this section shall be considered by the court
   80  when adjudicating motions to suppress eyewitness identification.
   81         2.A failure on the part of a person to comply with any
   82  requirement of this section is admissible in support of claims
   83  of eyewitness misidentification, as long as such evidence is
   84  otherwise admissible.
   85         (b)When evidence of compliance or noncompliance with the
   86  requirements of this section has been presented at trial, the
   87  jury shall be instructed that it may consider credible evidence
   88  of compliance or noncompliance to determine the reliability of
   89  eyewitness identifications.
   90         (5) EDUCATION AND TRAINING.—The Criminal Justice Standards
   91  and Training Commission, in consultation with the Department of
   92  Law Enforcement, shall create educational materials and conduct
   93  training programs on how to conduct lineups in compliance with
   94  this section.
   95         Section 2. Section 1 of this act creating the “Eyewitness
   96  Identification Reform Act” shall take effect October 1, 2011.
   99  ================= T I T L E  A M E N D M E N T ================
  100         And the title is amended as follows:
  101         Delete line 2
  102  and insert:
  103         An act relating to witnesses; providing a short title;
  104  defining terms; requiring state, county, municipal, and other
  105  law enforcement agencies that conduct lineups to follow certain
  106  specified procedures; requiring the eyewitness to sign an
  107  acknowledgement that he or she received the instructions about
  108  the lineup procedures from the law enforcement agency;
  109  specifying remedies for failing to adhere to the eyewitness
  110  identification procedures; requiring the Criminal Justice
  111  Standards and Training Commission to create educational
  112  materials and conduct training programs on how to conduct
  113  lineups in compliance with the act; amending s. 90.702,