Texas 2009 - 81st Regular

Texas House Bill HB3583 Compare Versions

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

Old	New	Differences
1	1	81R1612 SJM-F
2	2	By: Gallego H.B. No. 3583
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to photograph and live lineup identification procedures in
8	8	criminal cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Code of Criminal Procedure, is
11	11	amended by adding Article 38.20 to read as follows:
12	12	Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION
13	13	PROCEDURES.
14	14	Sec. 1. (a) Each law enforcement agency in this state shall
15	15	adopt and as necessary amend a detailed written policy regarding
16	16	the administration of photograph and live lineup identification
17	17	procedures that conforms to the requirements of Section 2. The
18	18	policy must address the manner in which a photograph array or live
19	19	lineup should be administered to an illiterate person or a person
20	20	with limited English language proficiency.
21	21	(b) The Texas Commission on Law Enforcement Officer
22	22	Standards and Education, in consultation with state and local law
23	23	enforcement agencies and scientific experts, shall develop, adopt,
24	24	and disseminate to all state and local law enforcement agencies in
25	25	this state a model policy and associated training materials
26	26	regarding the administration of photograph and live lineup
27	27	identification procedures. The model policy must conform to the
28	28	requirements of Section 2.
29	29	Sec. 2. (a) Before a photograph or live lineup
30	30	identification procedure, the person administering the procedure
31	31	shall:
32	32	(1) inform the witness that:
33	33	(A) the offender may not be among those shown;
34	34	(B) the witness is not required to make an
35	35	identification; and
36	36	(C) the investigation of the case will continue
37	37	regardless of whether the witness makes an identification; and
38	38	(2) obtain from the witness a written acknowledgement
39	39	of receipt of the instructions required by this subsection.
40	40	(b) If the witness identifies an individual as the offender,
41	41	the person administering the photograph or live lineup
42	42	identification procedure shall require the witness to characterize
43	43	in writing, in the witness's own words, the degree of certainty of
44	44	the witness that the individual identified is the offender. The
45	45	person administering the procedure must obtain the statement
46	46	required under this subsection before providing any information
47	47	concerning the identified individual to the witness.
48	48	(c) If practicable, a photograph or live lineup
49	49	identification procedure must be videotaped. If the procedure is
50	50	not videotaped, the person administering the procedure shall
51	51	document in writing the reason the procedure was not videotaped and
52	52	if practicable shall audiotape the procedure instead. If the
53	53	procedure is not audiotaped, the person administering the procedure
54	54	shall document in writing the reason the procedure was not
55	55	audiotaped. To the extent applicable, a videotaped or audiotaped
56	56	recording of a photograph or live lineup identification procedure
57	57	must include, as applicable, a visual or audio representation of
58	58	the entire procedure. Any documentation of a photograph or live
59	59	lineup identification procedure shall be kept in the case file,
60	60	regardless of the outcome of the procedure.
61	61	(d) Each member of a photograph array or live lineup must
62	62	resemble the witness's description of the offender's significant
63	63	features, such as the offender's facial features, weight, or build,
64	64	including any unique or unusual features, such as a scar or tattoo.
65	65	In a live lineup, each lineup member shall perform identifying
66	66	actions, such as speech, gestures, or movements, specified by the
67	67	witness in describing the offender. In a photograph array, the
68	68	photograph of the suspect must be recent and, if possible, resemble
69	69	the suspect's appearance at the time the offense was committed.
70	70	Only one member of a photograph array or live lineup may be a
71	71	suspect in the case. The remaining members must be individuals who
72	72	are not suspects but who, without appearing to be significantly
73	73	different from the suspect, resemble the witness's description of
74	74	the offender as required by this subsection. Five or more
75	75	individuals who are not suspects must be included in a photograph
76	76	array, and four or more individuals who are not suspects must be
77	77	included in a live lineup.
78	78	(e) If practicable, the person who administers a photograph
79	79	or live lineup identification procedure may not be made aware of
80	80	which member of the photograph array or live lineup is the suspect
81	81	in the case. If the person who administers the procedure is aware
82	82	of the identity of the suspect, the person shall use an alternative
83	83	method of blind administration of the array or lineup that prevents
84	84	that person from viewing the members of the array or lineup
85	85	simultaneously with the witness or knowing the order of the
86	86	presentation of the array or lineup to the witness.
87	87	(f) All participants in a live lineup or all photographs in
88	88	a photograph array must be kept from the view of a witness before
89	89	the identification procedure begins.
90	90	(g) If multiple witnesses will view the same photograph
91	91	array or live lineup, the witnesses shall be segregated before and
92	92	during the administration of the identification procedure.
93	93	SECTION 2. (a) The Texas Commission on Law Enforcement
94	94	Officer Standards and Education shall develop, adopt, and
95	95	disseminate the model policy required by Article 38.20, Code of
96	96	Criminal Procedure, as added by this Act, not later than March 1,
97	97	2010. Each law enforcement agency in this state shall adopt the
98	98	policy required by Article 38.20, Code of Criminal Procedure, as
99	99	added by this Act, not later than September 1, 2010.
100	100	(b) Article 38.20, Code of Criminal Procedure, as added by
101	101	this Act, applies to any photograph or live lineup identification
102	102	procedure that is conducted on or after the effective date of this
103	103	Act.
104	104	SECTION 3. This Act takes effect September 1, 2009.