Texas House Bill HB3583

Texas 2009 - 81st Regular

Caption

Relating to photograph and live lineup identification procedures in criminal cases.

Impact

The bill's implementation is expected to have a significant impact on how law enforcement agencies handle eyewitness identifications. By requiring guidelines to ensure blind administration of lineups and proper witness instructions, the legislation aims to reduce the potential for misidentification, which can lead to wrongful convictions. Additionally, the training provided by the Texas Commission on Law Enforcement Officer Standards and Education is intended to foster consistency and improve the quality of identification procedures statewide.

Summary

House Bill 3583 seeks to standardize the procedures for conducting photograph and live lineup identifications in criminal cases across Texas. It mandates that every law enforcement agency adopt a detailed written policy that complies with the outlined requirements of the bill. The legislation emphasizes the importance of ensuring that the identification process is fair and reliable, particularly for witnesses who may have language barriers or are illiterate. Furthermore, the bill specifies that only one suspect may appear in either a photograph array or live lineup, enhancing the integrity of the identification process.

Contention

While proponents of HB3583 argue that it strengthens the criminal justice system by enhancing the reliability of eyewitness evidence, some concerns have been raised about the practical implications of training officers and implementing new procedures. Critics might contend that these changes could add layers of bureaucracy that slow down criminal investigations, while supporters maintain that the long-term benefits of preventing wrongful charges outweigh such concerns. The implementation deadline set for law enforcement agencies aims to ensure that these reforms are adopted promptly and effectively.