Texas House Bill HB215

Texas 2011 - 82nd Regular

• Out of House Committee: 3/2/11
• Introduced: 11/9/10
• Voted on by House: 3/31/11
• Refer: 2/14/11
• Out of Senate Committee: 5/12/11
• Report Pass: 2/22/11
• Voted on by Senate: 5/18/11
• Engrossed: 3/31/11
• Governor Action: 6/17/11
• Refer: 5/3/11
• Enrolled: 5/20/11
• Passed: 6/17/11

Caption

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

Impact

The provisions of HB 215 are intended to ensure that eyewitness identification procedures are conducted uniformly across the state, thereby reducing instances of erroneous identifications. This bill requires each agency to either adopt the model policy developed by the institute or create its own policy that meets certain minimum requirements. By setting a baseline standard for law enforcement agencies, the bill aims to enhance the overall integrity of the criminal justice system in Texas, particularly regarding how eyewitness evidence is collected and used in court.

Summary

House Bill 215, as introduced, focuses on establishing standardized procedures for photograph and live lineup identification in criminal cases. The bill mandates that all law enforcement agencies in Texas must adopt detailed written policies for conducting these identification procedures. This is aimed at improving the reliability of eyewitness testimony, which has been identified as a critical factor in wrongful convictions. To facilitate this, the Bill Blackwood Law Enforcement Management Institute of Texas is tasked with developing a model policy and related training materials based on credible research concerning eyewitness memory and identification practices.

Contention

While the bill seeks to improve the credibility of eyewitness identification, there may be considerable debate surrounding its implementation. Law enforcement agencies could express concerns over the additional administrative burden of creating and maintaining detailed identification procedures. Furthermore, civil rights advocates may scrutinize whether these new procedures will effectively address the ongoing issues of wrongful convictions related to eyewitness misidentification. The bill's requirement for public comment during the development of the model policy could help mitigate some of these concerns by allowing input from various stakeholders in the criminal justice and civil rights communities.