The legislation introduces specific remedies for instances of noncompliance with the requirements set forth regarding eyewitness identification. If law enforcement fails to adhere to established policies, such noncompliance can be taken into account during legal proceedings. In particular, courts will have the authority to suppress eyewitness identification if it is established that the law enforcement agency did not follow the proper procedures. Additionally, evidence of noncompliance can be presented in court to support claims of eyewitness misidentification.
Summary
House Bill 436 is designed to reform eyewitness identification procedures in New Hampshire. The bill mandates that all state, county, and local law enforcement agencies conducting photo lineups, live lineups, or show-ups must adopt a written policy that aligns with standards established by the attorney general's office. This written policy must be maintained and made available for inspection by the attorney general, ensuring that there is consistency in how eyewitness identification procedures are handled across various jurisdictions.
Contention
One significant point of contention surrounding HB 436 is its potential impact on the rights of defendants and the integrity of the criminal justice process. Advocates for the bill argue that it strengthens the reliability of eyewitness testimonies by implementing stricter controls and accountability measures for law enforcement agencies. Conversely, critics may raise concerns that the bill could inadvertently lead to the suppression of valid eyewitness evidence, which could complicate the prosecution of cases, particularly those involving violent crimes where eyewitness testimony may be crucial.