Texas Senate Bill SB117

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/6/09
• Voted on by Senate: 4/16/09
• Out of House Committee: 5/8/09

Caption

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

Impact

If enacted, this bill will have significant implications for law enforcement practices throughout Texas. Law enforcement agencies will be required to adopt these standardized identification procedures, which aim to enhance the reliability of witness identifications in lineup situations. This could potentially lead to increased confidence in the correctness of eyewitness identifications, thereby reducing wrongful convictions based on misidentifications. The necessity for detailed policy articulation by each agency ensures that there is a consistent approach across jurisdictions, tackling variations that currently exist in how lineups are conducted.

Summary

SB117 proposes to amend the Code of Criminal Procedure in Texas by establishing standards for photograph and live lineup identification procedures used in criminal cases. The bill mandates that law enforcement agencies develop a detailed policy for administering these identification procedures, ensuring that they adhere to strict guidelines. These procedures include informing witnesses about the nature of the identification process, obtaining their written acknowledgment of the instructions, and requiring them to articulate the certainty of their identifications in writing. Additionally, the bill emphasizes the importance of using only non-suspects in live lineups, with specific protocols for their selection to maintain fairness and accuracy in witness identifications.

Contention

Some points of contention surrounding SB117 could involve concerns about resource allocation for law enforcement agencies to develop and implement these new procedures, particularly for smaller departments with limited budgets. There may also be debate regarding the effectiveness of these procedures in preventing wrongful identifications, with advocates for criminal justice reform possibly arguing that additional safeguards are necessary. Privacy advocates might raise issues about the procedures being recorded and documented, questioning how this information is handled and stored within law enforcement agencies. Furthermore, the requirement for a model policy from the Texas Commission on Law Enforcement introduces another layer of bureaucracy that may face scrutiny in terms of its practicality and efficiency.