ENROLLED 2017 Legislature CS for SB 312 2017312er 1 2 An act relating to eyewitness identification; creating 3 s. 92.70, F.S.; providing a short title; defining 4 terms; requiring state, county, municipal, or other 5 law enforcement agencies that conduct lineups to 6 follow specified procedures; requiring eyewitnesses to 7 sign an acknowledgment that they have received the 8 instructions about the lineup procedures from the law 9 enforcement agency; requiring lineup administrators to 10 document the refusal of an eyewitness to acknowledge 11 such receipt; specifying remedies for failing to 12 adhere to the eyewitness identification procedures; 13 requiring the Criminal Justice Standards and Training 14 Commission to create educational materials and provide 15 training programs on how to conduct lineups; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 92.70, Florida Statutes, is created to 21 read: 22 92.70 Eyewitness identification.— 23 (1) SHORT TITLE.—This section may be cited as the 24 “Eyewitness Identification Reform Act.” 25 (2) DEFINITIONS.—As used in this section, the term: 26 (a) “Eyewitness” means a person whose identification by 27 sight of another person may be relevant in a criminal 28 proceeding. 29 (b) “Independent administrator” means a person who is not 30 participating in the investigation of a criminal offense and is 31 unaware of which person in the lineup is the suspect. 32 (c) “Lineup” means a photo lineup or live lineup. 33 (d) “Lineup administrator” means the person who conducts a 34 lineup. 35 (e) “Live lineup” means a procedure in which a group of 36 people is displayed to an eyewitness for the purpose of 37 determining if the eyewitness can identify the perpetrator of a 38 crime. 39 (f) “Photo lineup” means a procedure in which an array of 40 photographs is displayed to an eyewitness for the purpose of 41 determining if the eyewitness can identify the perpetrator of a 42 crime. 43 (3) EYEWITNESS IDENTIFICATION PROCEDURES.—A lineup 44 conducted in this state by a state, county, municipal, or other 45 law enforcement agency must meet all of the following 46 requirements: 47 (a) The lineup must be conducted by an independent 48 administrator. However, in lieu of using an independent 49 administrator, a law enforcement agency may conduct a photo 50 lineup eyewitness identification procedure using an alternative 51 method specified in subparagraph 1., subparagraph 2., or 52 subparagraph 3. Any alternative method must be carefully 53 structured to achieve neutral administration and to prevent the 54 lineup administrator from knowing which photograph is being 55 presented to the eyewitness during the identification procedure. 56 Alternative methods may include any of the following: 57 1. An automated computer program that can automatically 58 administer the photo lineup directly to an eyewitness and 59 prevent the lineup administrator from seeing which photograph 60 the eyewitness is viewing until after the procedure is 61 completed. 62 2. A procedure in which photographs are placed in folders, 63 randomly numbered, and shuffled and then presented to an 64 eyewitness such that the lineup administrator cannot see or 65 track which photograph is being presented to the eyewitness 66 until after the procedure is completed. 67 3. Any other procedure that achieves neutral administration 68 and prevents the lineup administrator from knowing which 69 photograph is being presented to the eyewitness during the 70 identification procedure. 71 (b) Before a lineup, the eyewitness must be instructed 72 that: 73 1. The perpetrator might or might not be in the lineup; 74 2. The lineup administrator does not know the suspect’s 75 identity, except that this instruction need not be given when a 76 specified and approved alternative method of neutral 77 administration is used; 78 3. The eyewitness should not feel compelled to make an 79 identification; 80 4. It is as important to exclude innocent persons as it is 81 to identify the perpetrator; and 82 5. The investigation will continue with or without an 83 identification. 84 85 The eyewitness shall acknowledge, in writing, having received a 86 copy of the lineup instructions. If the eyewitness refuses to 87 sign a document acknowledging receipt of the instructions, the 88 lineup administrator must document the refusal of the eyewitness 89 to sign a document acknowledging receipt of the instructions, 90 and the lineup administrator must sign the acknowledgment 91 document himself or herself. 92 (4) REMEDIES.—All of the following remedies are available 93 as consequences of compliance or noncompliance with any 94 requirement of this section: 95 (a)1. A failure on the part of a person to comply with any 96 requirement of this section shall be considered by the court 97 when adjudicating motions to suppress eyewitness identification. 98 2. A failure on the part of a person to comply with any 99 requirement of this section is admissible in support of a claim 100 of eyewitness misidentification, as long as such evidence is 101 otherwise admissible. 102 (b) If evidence of compliance or noncompliance with any 103 requirement of this section is presented at trial, the jury 104 shall be instructed that the jury may consider credible evidence 105 of compliance or noncompliance to determine the reliability of 106 eyewitness identifications. 107 (5) EDUCATION AND TRAINING.—The Criminal Justice Standards 108 and Training Commission, in consultation with the Department of 109 Law Enforcement, shall create educational materials and provide 110 training programs on how to conduct lineups in compliance with 111 this section. 112 Section 2. This act shall take effect October 1, 2017.