Indiana 2024 Regular Session

Indiana Senate Bill SB0280 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 280
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-33-4.5.
7	7	Synopsis: Eyewitness identification procedures. Establishes a
8	8	procedure to be used by a law enforcement agency in conducting a
9	9	lineup. Makes conforming amendments.
10	10	Effective: July 1, 2024.
11	11	Glick
12	12	January 16, 2024, read first time and referred to Committee on Corrections and Criminal
13	13	Law.
14	14	2024 IN 280—LS 6291/DI 106 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	SENATE BILL No. 280
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	criminal law and procedure.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 35-31.5-2-126.5 IS ADDED TO THE INDIANA
30	30	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
31	31	3 [EFFECTIVE JULY 1, 2024]: Sec. 126.5. "Eyewitness", for purposes
32	32	4 of IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-1.
33	33	5 SECTION 2. IC 35-31.5-2-132.3 IS ADDED TO THE INDIANA
34	34	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
35	35	7 [EFFECTIVE JULY 1, 2024]: Sec. 132.3. "Filler", for purposes of
36	36	8 IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-2.
37	37	9 SECTION 3. IC 35-31.5-2-168.5 IS ADDED TO THE INDIANA
38	38	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
39	39	11 [EFFECTIVE JULY 1, 2024]: Sec. 168.5. "Independent
40	40	12 administrator", for purposes of IC 35-33-4.5, has the meaning set
41	41	13 forth in IC 35-33-4.5-3.
42	42	14 SECTION 4. IC 35-31.5-2-183, AS AMENDED BY P.L.144-2018,
43	43	15 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	16 JULY 1, 2024]: Sec. 183. (a) "Law enforcement agency," for purposes
45	45	17 of receiving information concerning a violation of IC 35-42-3.5-1
46	46	2024 IN 280—LS 6291/DI 106 2
47	47	1 through IC 35-42-3.5-1.4 (human trafficking), means:
48	48	2 (1) an agency or department of:
49	49	3 (A) the state; or
50	50	4 (B) a political subdivision of the state;
51	51	5 whose principal function is the apprehension of criminal
52	52	6 offenders; and
53	53	7 (2) the attorney general.
54	54	8 (b) "Law enforcement agency", for purposes of IC 35-47-15 and
55	55	9 IC 35-33-4.5, has the meaning set forth in IC 35-47-15-2.
56	56	10 SECTION 5. IC 35-31.5-2-187.3 IS ADDED TO THE INDIANA
57	57	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
58	58	12 [EFFECTIVE JULY 1, 2024]: Sec. 187.3. "Lineup", for purposes of
59	59	13 IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-4.
60	60	14 SECTION 6. IC 35-31.5-2-187.4 IS ADDED TO THE INDIANA
61	61	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
62	62	16 [EFFECTIVE JULY 1, 2024]: Sec. 187.4. "Lineup administrator",
63	63	17 for purposes of IC 35-33-4.5, has the meaning set forth in
64	64	18 IC 35-33-4.5-5.
65	65	19 SECTION 7. IC 35-31.5-2-187.5 IS ADDED TO THE INDIANA
66	66	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
67	67	21 [EFFECTIVE JULY 1, 2024]: Sec. 187.5. "Live lineup", for purposes
68	68	22 of IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-6.
69	69	23 SECTION 8. IC 35-31.5-2-235.6 IS ADDED TO THE INDIANA
70	70	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
71	71	25 [EFFECTIVE JULY 1, 2024]: Sec. 235.6. "Photo lineup", for
72	72	26 purposes of IC 35-33-4.5, has the meaning set forth in
73	73	27 IC 35-33-4.5-7.
74	74	28 SECTION 9. IC 35-33-4.5 IS ADDED TO THE INDIANA CODE
75	75	29 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
76	76	30 JULY 1, 2024]:
77	77	31 Chapter 4.5. Eyewitness Identification Procedures
78	78	32 Sec. 1. As used in this chapter, "eyewitness" means a person
79	79	33 whose identification by sight of another person may be relevant in
80	80	34 a criminal proceeding.
81	81	35 Sec. 2. As used in this chapter, "filler" means a person or a
82	82	36 photograph of a person who is not suspected of the offense under
83	83	37 investigation and is included in a lineup.
84	84	38 Sec. 3. As used in this chapter, "independent administrator"
85	85	39 means a current employee of a law enforcement agency, regardless
86	86	40 of the person's primary job description, who is not participating in
87	87	41 the investigation of a criminal offense and is unaware of which
88	88	42 person in the lineup is the suspect.
89	89	2024 IN 280—LS 6291/DI 106 3
90	90	1 Sec. 4. As used in this chapter, "lineup" means a photo lineup or
91	91	2 live lineup.
92	92	3 Sec. 5. As used in this chapter, "lineup administrator" means
93	93	4 the person who conducts a lineup.
94	94	5 Sec. 6. As used in this chapter, "live lineup" means a procedure
95	95	6 in which a group of people is displayed to an eyewitness for the
96	96	7 purpose of determining if the eyewitness can identify the
97	97	8 perpetrator of a crime.
98	98	9 Sec. 7. As used in this chapter, "photo lineup" means a
99	99	10 procedure in which an array of photographs is displayed to an
100	100	11 eyewitness for the purpose of determining if the eyewitness can
101	101	12 identify the perpetrator of a crime.
102	102	13 Sec. 8. (a) Except as provided in subsection (b), a lineup
103	103	14 conducted by a law enforcement agency, or an employee of a law
104	104	15 enforcement agency, shall be conducted in accordance with this
105	105	16 chapter.
106	106	17 (b) If it is impossible or impracticable to use an independent
107	107	18 administrator or to follow the procedures set forth in this chapter,
108	108	19 a law enforcement agency may conduct a lineup using an
109	109	20 alternative procedure approved by the law enforcement training
110	110	21 board.
111	111	22 (c) Failure to comply with any of the requirements of this
112	112	23 chapter, or, if applicable, an alternative procedure approved by the
113	113	24 law enforcement training board, is admissible to support a claim
114	114	25 of eyewitness misidentification, if the evidence is not otherwise
115	115	26 inadmissible.
116	116	27 Sec. 9. Except as provided in section 8 of this chapter, a lineup
117	117	28 must be conducted as follows:
118	118	29 (1) An independent administrator shall conduct the lineup.
119	119	30 (2) Only one (1) suspect may be included in a lineup.
120	120	31 (3) No one may speak to the eyewitness concerning the
121	121	32 suspect's position in the lineup or regarding anything that
122	122	33 might influence the eyewitness's identification.
123	123	34 (4) Each filler in the lineup must generally resemble the
124	124	35 eyewitness's description of the perpetrator.
125	125	36 (5) The composition of the lineup must ensure that the suspect
126	126	37 does not unduly stand out from the fillers.
127	127	38 (6) The lineup must include at least five (5) fillers who
128	128	39 resemble, as much as practicable, the eyewitness description
129	129	40 of the perpetrator in significant features, including any
130	130	41 unique or unusual features.
131	131	42 (7) If the eyewitness has previously viewed a lineup in
132	132	2024 IN 280—LS 6291/DI 106 4
133	133	1 connection with the identification of another person suspected
134	134	2 of involvement in the offense, the fillers in the lineup in which
135	135	3 the current suspect participates must be different from the
136	136	4 fillers used in any prior lineups.
137	137	5 (8) If there are multiple eyewitnesses, the suspect must be
138	138	6 placed in a different position in the lineup for each eyewitness.
139	139	7 (9) If the eyewitness makes an identification during the lineup,
140	140	8 the lineup administrator shall document a clear statement
141	141	9 from the eyewitness, in the eyewitness's own words, as to the
142	142	10 eyewitness's confidence level that the person identified in the
143	143	11 lineup is the perpetrator.
144	144	12 Sec. 10. If the eyewitness is presented with a photo lineup, in
145	145	13 addition to the procedures set forth in section 9 of this chapter, the
146	146	14 following procedures must be followed:
147	147	15 (1) The person conducting the lineup must present each
148	148	16 photograph to the eyewitness sequentially, with each
149	149	17 photograph presented to the eyewitness separately, in a
150	150	18 previously determined order, and removed after it is viewed
151	151	19 and before the next photograph is presented.
152	152	20 (2) The photograph of the suspect must be recent and, to the
153	153	21 extent practicable, must resemble the suspect's appearance at
154	154	22 the time of the offense.
155	155	23 Sec. 11. If the eyewitness is presented with a live lineup, in
156	156	24 addition to the procedures set forth in section 9 of this chapter, the
157	157	25 following procedures must be followed:
158	158	26 (1) All lineup participants must be out of view of the
159	159	27 eyewitness before the lineup.
160	160	28 (2) Any identifying actions, such as speech, gestures, or other
161	161	29 movements, shall be performed by all lineup participants.
162	162	30 (3) Unless it is not practicable, a video record shall be made.
163	163	31 Sec. 12. (a) Before conducting a lineup, the independent
164	164	32 administrator shall instruct the eyewitness that:
165	165	33 (1) the perpetrator may or may not be in the lineup;
166	166	34 (2) the lineup administrator does not know the suspect's
167	167	35 identity;
168	168	36 (3) the eyewitness is not required to make an identification;
169	169	37 (4) it is as important to exclude innocent persons as it is to
170	170	38 identify the perpetrator; and
171	171	39 (5) the investigation will continue with or without an
172	172	40 identification.
173	173	41 (b) The eyewitness shall acknowledge, in writing, having
174	174	42 received a copy of the lineup instructions.
175	175	2024 IN 280—LS 6291/DI 106 5
176	176	1 (c) If the eyewitness refuses to sign a document acknowledging
177	177	2 receipt of the instructions, the lineup administrator must document
178	178	3 the refusal, and the lineup administrator must sign the
179	179	4 acknowledgment document.
180	180	5 Sec. 13. (a) Except as proved in subsection (b), upon a motion to
181	181	6 suppress, a court may suppress eyewitness identification evidence
182	182	7 on the grounds that a law enforcement agency, or an employee of
183	183	8 a law enforcement agency, failed to follow the procedures set forth
184	184	9 in this chapter.
185	185	10 (b) A court may not suppress eyewitness identification evidence
186	186	11 if:
187	187	12 (1) the motion to suppress is based on an immaterial defect in
188	188	13 the procedures used to procure an eyewitness identification;
189	189	14 or
190	190	15 (2) the law enforcement agency has substantially complied
191	191	16 with an eyewitness identification procedure approved by the
192	192	17 law enforcement training board.
193	193	2024 IN 280—LS 6291/DI 106