Texas 2009 - 81st Regular

Texas Senate Bill SB117 Compare Versions

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1	1	By: Ellis S.B. No. 117
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to photograph and live lineup identification procedures in
7	7	criminal cases.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 38, Code of Criminal Procedure, is
10	10	amended by adding Article 38.20 to read as follows:
11	11	Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION
12	12	PROCEDURES
13	13	Sec. 1. In this article, "institute" means the Bill
14	14	Blackwood Law Enforcement Management Institute of Texas located at
15	15	Sam Houston State University.
16	16	Sec. 2. This article applies only to a law enforcement
17	17	agency of this state or of a county, municipality, or other
18	18	political subdivision of this state that employs peace officers who
19	19	conduct photograph or live lineup identification procedures in the
20	20	routine performance of the officers' official duties.
21	21	Sec. 3. (a) Each law enforcement agency shall adopt,
22	22	implement, and as necessary amend a detailed written policy
23	23	regarding the administration of photograph and live lineup
24	24	identification procedures in accordance with this article. A law
25	25	enforcement agency may adopt:
26	26	(1) the model policy adopted under Subsection (b); or
27	27	(2) the agency's own policy that conforms to the
28	28	requirements of the model policy adopted under Subsection (b).
29	29	(b) The institute, with the advice and assistance of law
30	30	enforcement agencies and scientific experts in eyewitness memory
31	31	research, shall develop, adopt, and disseminate to all law
32	32	enforcement agencies a model policy and associated training
33	33	materials regarding the administration of photograph and live
34	34	lineup identification procedures.
35	35	(c) The model policy must:
36	36	(1) be based on:
37	37	(A) scientific research on eyewitness memory;
38	38	and
39	39	(B) relevant policies and guidelines developed
40	40	by the federal government, other states, and other law enforcement
41	41	organizations and other relevant information as appropriate; and
42	42	(2) address the following topics:
43	43	(A) the selection of photograph and live lineup
44	44	filler photographs or participants;
45	45	(B) instructions given to a witness before
46	46	conducting a photograph or live lineup identification procedure;
47	47	(C) the documentation and preservation of
48	48	results of a photograph or live lineup identification procedure,
49	49	including the documentation of witness statements, regardless of
50	50	the outcome of the procedure;
51	51	(D) procedures for administering a photograph or
52	52	live lineup identification procedure to an illiterate person or a
53	53	person with limited English language proficiency;
54	54	(E) procedures for assigning an administrator
55	55	who, as applicable:
56	56	(i) is unaware of which member of the live
57	57	lineup is the suspect in the case or, if that is not practicable,
58	58	alternative procedures designed to prevent opportunities to
59	59	influence the witness; and
60	60	(ii) is capable of administering a
61	61	photograph array in a blind manner or, if that is not practicable,
62	62	alternative procedures designed to prevent opportunities to
63	63	influence the witness; and
64	64	(F) any other procedures or best practices
65	65	supported by credible research or commonly accepted as a means to
66	66	reduce erroneous identifications and enhance the objectivity and
67	67	reliability of eyewitness identifications.
68	68	Sec. 4. The institute shall complete an annual review of the
69	69	model policy and training materials adopted under this article and
70	70	shall modify the policy and materials as necessary.
71	71	Sec. 5. (a) Evidence of compliance or noncompliance with
72	72	the model policy adopted under this article is relevant and
73	73	admissible in a criminal case but is not a condition precedent to
74	74	the admissibility of an out-of-court eyewitness identification.
75	75	(b) Notwithstanding Article 38.23, a failure to conduct a
76	76	photograph or live lineup identification procedure in substantial
77	77	compliance with the model policy adopted under this article does
78	78	not bar the admission of eyewitness identification testimony in the
79	79	courts of this state.
80	80	SECTION 2. (a) Not later than June 1, 2010, the Bill
81	81	Blackwood Law Enforcement Management Institute of Texas shall
82	82	develop, adopt, and disseminate the model policy and associated
83	83	training materials required under Article 38.20, Code of Criminal
84	84	Procedure, as added by this Act.
85	85	(b) Not later than September 1, 2010, each law enforcement
86	86	agency to which Article 38.20, Code of Criminal Procedure, as added
87	87	by this Act, applies shall adopt a policy as required by that
88	88	article.
89	89	(c) The change in law made by Section 5, Article 38.20, Code
90	90	of Criminal Procedure, as added by this Act, applies only to a
91	91	photograph or live lineup identification procedure conducted on or
92	92	after September 1, 2010, regardless of whether the offense to which
93	93	the procedure is related occurred before, on, or after September 1,
94	94	2010.
95	95	SECTION 3. This Act takes effect September 1, 2009.