82R469 SJM-D
By: Ellis S.B. No. 121
A BILL TO BE ENTITLED
AN ACT
relating to photograph and live lineup identification procedures in
criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.20 to read as follows:
Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION
PROCEDURES
Sec. 1. In this article, "institute" means the Bill
Blackwood Law Enforcement Management Institute of Texas located at
Sam Houston State University.
Sec. 2. This article applies only to a law enforcement
agency of this state or of a county, municipality, or other
political subdivision of this state that employs peace officers who
conduct photograph or live lineup identification procedures in the
routine performance of the officers' official duties.
Sec. 3. (a) Each law enforcement agency shall adopt,
implement, and as necessary amend a detailed written policy
regarding the administration of photograph and live lineup
identification procedures in accordance with this article. A law
enforcement agency may adopt:
(1) the model policy adopted under Subsection (b); or
(2) the agency's own policy that conforms to the
requirements of the model policy adopted under Subsection (b).
(b) The institute, with the advice and assistance of law
enforcement agencies and scientific experts in eyewitness memory
research, shall develop, adopt, and disseminate to all law
enforcement agencies a model policy and associated training
materials regarding the administration of photograph and live
lineup identification procedures.
(c) The model policy must:
(1) be based on:
(A) scientific research on eyewitness memory;
(B) relevant policies and guidelines developed
by the federal government, other states, and other law enforcement
organizations; and
(C) other relevant information as appropriate;
and
(2) address the following topics:
(A) the selection of photograph and live lineup
filler photographs or participants;
(B) instructions given to a witness before
conducting a photograph or live lineup identification procedure;
(C) the documentation and preservation of
results of a photograph or live lineup identification procedure,
including the documentation of witness statements, regardless of
the outcome of the procedure;
(D) procedures for administering a photograph or
live lineup identification procedure to an illiterate person or a
person with limited English language proficiency;
(E) procedures for assigning an administrator
who, as applicable:
(i) is unaware of which member of the live
lineup is the suspect in the case or, if that is not practicable,
alternative procedures designed to prevent opportunities to
influence the witness; or
(ii) is capable of administering a
photograph array in a blind manner or, if that is not practicable,
alternative procedures designed to prevent opportunities to
influence the witness; and
(F) any other procedures or best practices
supported by credible research or commonly accepted as a means to
reduce erroneous identifications and enhance the objectivity and
reliability of eyewitness identifications.
Sec. 4. The institute shall complete an annual review of the
model policy and training materials adopted under this article and
shall modify the policy and materials as necessary.
Sec. 5. (a) Evidence of compliance or noncompliance with
the model policy adopted under this article is relevant and
admissible in a criminal case but is not a condition precedent to
the admissibility of an out-of-court eyewitness identification.
(b) Notwithstanding Article 38.23, a failure to conduct a
photograph or live lineup identification procedure in substantial
compliance with the model policy adopted under this article does
not bar the admission of eyewitness identification testimony in the
courts of this state.
SECTION 2. (a) Not later than June 1, 2012, the Bill
Blackwood Law Enforcement Management Institute of Texas shall
develop, adopt, and disseminate the model policy and associated
training materials required under Article 38.20, Code of Criminal
Procedure, as added by this Act.
(b) Not later than September 1, 2012, each law enforcement
agency to which Article 38.20, Code of Criminal Procedure, as added
by this Act, applies shall adopt a policy as required by that
article.
(c) The change in law made by Section 5, Article 38.20, Code
of Criminal Procedure, as added by this Act, applies only to a
photograph or live lineup identification procedure conducted on or
after September 1, 2012, regardless of whether the offense to which
the procedure is related occurred before, on, or after September 1,
2012.
SECTION 3. This Act takes effect September 1, 2011.