Texas 2011 - 82nd Regular

Texas Senate Bill SB121

Filed
 
Out of Senate Committee
3/7/11  
Introduced
11/8/10  
Voted on by Senate
3/16/11  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The implementation of SB121 is expected to instigate significant changes within law enforcement agencies across Texas. Agencies will be required to adopt a model policy developed by the Bill Blackwood Law Enforcement Management Institute of Texas, which will serve as a guideline for conducting photograph and live lineup procedures. This bill sets a standard that seeks to reduce the incidence of mistaken identification by incorporating evidence-based practices. Agencies will also be accountable for continually reviewing and updating their policies to ensure compliance with the latest research and best practices in eyewitness memory.

Summary

SB121 proposes amendments to the Texas Code of Criminal Procedure concerning the administration of photograph and live lineup identification procedures in criminal cases. The bill mandates that law enforcement agencies adopt and implement detailed written policies aligned with the established best practices around eyewitness identification to minimize wrongful convictions arising from unreliable identifications. By formalizing these procedures, the legislation aims to enhance the reliability of eyewitness testimonies that often play a critical role in criminal prosecutions.

Contention

The main point of contention surrounding SB121 lies in its requirement for law enforcement agencies to adhere not only to a model policy but also to incorporate scientific principles into conducting identification procedures. While proponents assert that this bill will enhance the integrity of the criminal justice system by ensuring more reliable eyewitness identifications, critics may argue that the bill could place undue burdens on law enforcement and hinder timely investigations. The bill’s focus on empirical research and changing long-standing practices may evoke resistance from agencies accustomed to traditional methods.

Notable_points

An important component of SB121 is the emphasis on public comment prior to the adoption of any model policies or training materials, promoting transparency and community involvement. Additionally, this measure is positioned within broader discussions about criminal justice reform, where improving eyewitness identification procedures is seen as a pivotal strategy for decreasing wrongful convictions grounded in flawed eyewitness accounts.

Companion Bills

TX HB215

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

Previously Filed As

TX SB321

Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.

TX SB116

Relating to protective orders against dating violence.

TX SB542

Relating to the regulation of law enforcement officers by the Commission on Law Enforcement Officer Standards and Education.

TX SB623

Relating to the disqualification of a district or county attorney who is the subject of a criminal investigation.

TX SB545

Relating to employment records for law enforcement officers, including procedures to correct employment termination reports; providing an administrative penalty.

TX SB82

Relating to the prosecution of the offense of stalking.

TX SB779

Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty; providing a criminal penalty.

TX SB331

Relating to designating certain synthetic cannabinoids as controlled substances under the Texas Controlled Substances Act; providing penalties and establishing certain criminal consequences or procedures.

Similar Bills

TX HB3583

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

TX HB215

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

CA SB683

Privacy: use of a person’s name, voice, signature, photograph, or likeness: injunctive relief.

TX HB34

Relating to measures to prevent wrongful convictions.

TX HB3127

Relating to measures to prevent wrongful convictions.

TX SB1577

Relating to measures to prevent wrongful convictions.

TX HB2861

Relating to certain business entities engaged in the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; providing a civil penalty.

MN HF2739

Changes made to various sections of the Government Data Practices Act.