LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION February 24, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced No significant fiscal implication to the State is anticipated. The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of law enforcement agencies and scientific experts in eyewitness memory, to develop and disseminate to all law enforcement agencies a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, June 1, 2012, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete an annual review of the model policy. Any costs associated with implementing provisions of the bill would be implemented within existing resources. Local Government Impact Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill. No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety, 758 Texas State University System LBB Staff: JOB, KKR, ESi, RT, GO LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION February 24, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced SB121 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of law enforcement agencies and scientific experts in eyewitness memory, to develop and disseminate to all law enforcement agencies a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, June 1, 2012, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete an annual review of the model policy. Any costs associated with implementing provisions of the bill would be implemented within existing resources. The bill would require law enforcement agencies, who employ peace officers who conduct photograph or live line-up identification procedures in the routine performance of the officer's duties, to adopt a detailed written policy regarding the administration of photograph and live lineup identification procedures. Under provisions of the bill, the Bill Blackwood Law Enforcement Management Institute of Texas (located at Sam Houston State University) would be required, with the advice and assistance of law enforcement agencies and scientific experts in eyewitness memory, to develop and disseminate to all law enforcement agencies a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The bill includes requirements for the model policy, deadlines for when the model policy would be disseminated, June 1, 2012, and when law enforcement agencies would be required to adopt the policy, September 1, 2012. The Bill Blackwood Law Enforcement Institute would be requried to complete an annual review of the model policy. Any costs associated with implementing provisions of the bill would be implemented within existing resources. Local Government Impact Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill. No significant fiscal implication to units of local government is anticipated. Because the bill would affect only those law enforcement agencies that conduct photograph or live lineup identification procedures, an agency would incur costs only if current policies and procedures require modification to comply with requirements of the bill. No significant fiscal implication to units of local government is anticipated. Source Agencies: 405 Department of Public Safety, 758 Texas State University System 405 Department of Public Safety, 758 Texas State University System LBB Staff: JOB, KKR, ESi, RT, GO JOB, KKR, ESi, RT, GO