Texas 2011 - 82nd Regular

Texas House Bill HB215 Compare Versions

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1	1	By: Gallego, et al. (Senate Sponsor - Ellis) H.B. No. 215
2	2	(In the Senate - Received from the House April 4, 2011;
3	3	May 3, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 12, 2011, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 12, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to photograph and live lineup identification procedures in
11	11	criminal cases.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 38, Code of Criminal Procedure, is
14	14	amended by adding Article 38.20 to read as follows:
15	15	Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION
16	16	PROCEDURES
17	17	Sec. 1. In this article, "institute" means the Bill
18	18	Blackwood Law Enforcement Management Institute of Texas located at
19	19	Sam Houston State University.
20	20	Sec. 2. This article applies only to a law enforcement
21	21	agency of this state or of a county, municipality, or other
22	22	political subdivision of this state that employs peace officers who
23	23	conduct photograph or live lineup identification procedures in the
24	24	routine performance of the officers' official duties.
25	25	Sec. 3. (a) Each law enforcement agency shall adopt,
26	26	implement, and as necessary amend a detailed written policy
27	27	regarding the administration of photograph and live lineup
28	28	identification procedures in accordance with this article. A law
29	29	enforcement agency may adopt:
30	30	(1) the model policy adopted under Subsection (b); or
31	31	(2) the agency's own policy that, at a minimum,
32	32	conforms to the requirements of Subsection (c).
33	33	(b) The institute, in consultation with large, medium, and
34	34	small law enforcement agencies and with law enforcement
35	35	associations, scientific experts in eyewitness memory research,
36	36	and appropriate organizations engaged in the development of law
37	37	enforcement policy, shall develop, adopt, and disseminate to all
38	38	law enforcement agencies in this state a model policy and
39	39	associated training materials regarding the administration of
40	40	photograph and live lineup identification procedures. The
41	41	institute shall provide for a period of public comment before
42	42	adopting the policy and materials.
43	43	(c) The model policy or any other policy adopted by a law
44	44	enforcement agency under Subsection (a) must:
45	45	(1) be based on:
46	46	(A) credible field, academic, or laboratory
47	47	research on eyewitness memory;
48	48	(B) relevant policies, guidelines, and best
49	49	practices designed to reduce erroneous eyewitness identifications
50	50	and to enhance the reliability and objectivity of eyewitness
51	51	identifications; and
52	52	(C) other relevant information as appropriate;
53	53	and
54	54	(2) address the following topics:
55	55	(A) the selection of photograph and live lineup
56	56	filler photographs or participants;
57	57	(B) instructions given to a witness before
58	58	conducting a photograph or live lineup identification procedure;
59	59	(C) the documentation and preservation of
60	60	results of a photograph or live lineup identification procedure,
61	61	including the documentation of witness statements, regardless of
62	62	the outcome of the procedure;
63	63	(D) procedures for administering a photograph or
64	64	live lineup identification procedure to an illiterate person or a
65	65	person with limited English language proficiency;
66	66	(E) for a live lineup identification procedure,
67	67	if practicable, procedures for assigning an administrator who is
68	68	unaware of which member of the live lineup is the suspect in the
69	69	case or alternative procedures designed to prevent opportunities to
70	70	influence the witness;
71	71	(F) for a photograph identification procedure,
72	72	procedures for assigning an administrator who is capable of
73	73	administering a photograph array in a blind manner or in a manner
74	74	consistent with other proven or supported best practices designed
75	75	to prevent opportunities to influence the witness; and
76	76	(G) any other procedures or best practices
77	77	supported by credible research or commonly accepted as a means to
78	78	reduce erroneous eyewitness identifications and to enhance the
79	79	objectivity and reliability of eyewitness identifications.
80	80	Sec. 4. (a) Not later than December 31 of each
81	81	odd-numbered year, the institute shall review the model policy and
82	82	training materials adopted under this article and shall modify the
83	83	policy and materials as appropriate.
84	84	(b) Not later than September 1 of each even-numbered year,
85	85	each law enforcement agency shall review its policy adopted under
86	86	this article and shall modify that policy as appropriate.
87	87	Sec. 5. (a) Any evidence or expert testimony presented by
88	88	the state or the defendant on the subject of eyewitness
89	89	identification is admissible only subject to compliance with the
90	90	Texas Rules of Evidence. Evidence of compliance with the model
91	91	policy or any other policy adopted under this article or with the
92	92	minimum requirements of this article is not a condition precedent
93	93	to the admissibility of an out-of-court eyewitness identification.
94	94	(b) Notwithstanding Article 38.23 as that article relates
95	95	to a violation of a state statute, a failure to conduct a photograph
96	96	or live lineup identification procedure in substantial compliance
97	97	with the model policy or any other policy adopted under this article
98	98	or with the minimum requirements of this article does not bar the
99	99	admission of eyewitness identification testimony in the courts of
100	100	this state.
101	101	SECTION 2. (a) Not later than December 31, 2011, the Bill
102	102	Blackwood Law Enforcement Management Institute of Texas shall
103	103	develop, adopt, and disseminate the model policy and associated
104	104	training materials required under Article 38.20, Code of Criminal
105	105	Procedure, as added by this Act.
106	106	(b) Not later than September 1, 2012, each law enforcement
107	107	agency to which Article 38.20, Code of Criminal Procedure, as added
108	108	by this Act, applies shall adopt a policy as required by that
109	109	article.
110	110	(c) The change in law made by Section 5, Article 38.20, Code
111	111	of Criminal Procedure, as added by this Act, applies only to a
112	112	photograph or live lineup identification procedure conducted on or
113	113	after September 1, 2012, regardless of whether the offense to which
114	114	the procedure is related occurred before, on, or after September 1,
115	115	2012.
116	116	SECTION 3. This Act takes effect September 1, 2011.
117	117	* * * * *