Texas 2011 - 82nd Regular

Texas Senate Bill SB121 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Ellis, Carona, Hinojosa S.B. No. 121
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	March 7, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; March 7, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 121 By: Ellis
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to photograph and live lineup identification procedures in
13	13	criminal cases.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 38, Code of Criminal Procedure, is
16	16	amended by adding Article 38.20 to read as follows:
17	17	Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION
18	18	PROCEDURES
19	19	Sec. 1. In this article, "institute" means the Bill
20	20	Blackwood Law Enforcement Management Institute of Texas located at
21	21	Sam Houston State University.
22	22	Sec. 2. This article applies only to a law enforcement
23	23	agency of this state or of a county, municipality, or other
24	24	political subdivision of this state that employs peace officers who
25	25	conduct photograph or live lineup identification procedures in the
26	26	routine performance of the officers' official duties.
27	27	Sec. 3. (a) Each law enforcement agency shall adopt,
28	28	implement, and as necessary amend a detailed written policy
29	29	regarding the administration of photograph and live lineup
30	30	identification procedures in accordance with this article. A law
31	31	enforcement agency may adopt:
32	32	(1) the model policy adopted under Subsection (b); or
33	33	(2) the agency's own policy that, at a minimum,
34	34	conforms to the requirements of Subsection (c).
35	35	(b) The institute, in consultation with large, medium, and
36	36	small law enforcement agencies and with law enforcement
37	37	associations, scientific experts in eyewitness memory research,
38	38	and appropriate organizations engaged in the development of law
39	39	enforcement policy, shall develop, adopt, and disseminate to all
40	40	law enforcement agencies in this state a model policy and
41	41	associated training materials regarding the administration of
42	42	photograph and live lineup identification procedures. The
43	43	institute shall provide for a period of public comment before
44	44	adopting the policy and materials.
45	45	(c) The model policy or any other policy adopted by a law
46	46	enforcement agency under Subsection (a) must:
47	47	(1) be based on:
48	48	(A) credible field, academic, or laboratory
49	49	research on eyewitness memory;
50	50	(B) relevant policies, guidelines, and best
51	51	practices designed to reduce erroneous eyewitness identifications
52	52	and to enhance the reliability and objectivity of eyewitness
53	53	identifications; and
54	54	(C) other relevant information as appropriate;
55	55	and
56	56	(2) address the following topics:
57	57	(A) the selection of photograph and live lineup
58	58	filler photographs or participants;
59	59	(B) instructions given to a witness before
60	60	conducting a photograph or live lineup identification procedure;
61	61	(C) the documentation and preservation of
62	62	results of a photograph or live lineup identification procedure,
63	63	including the documentation of witness statements, regardless of
64	64	the outcome of the procedure;
65	65	(D) procedures for administering a photograph or
66	66	live lineup identification procedure to an illiterate person or a
67	67	person with limited English language proficiency;
68	68	(E) for a live lineup identification procedure,
69	69	if practicable, procedures for assigning an administrator who is
70	70	unaware of which member of the live lineup is the suspect in the
71	71	case or alternative procedures designed to prevent opportunities to
72	72	influence the witness;
73	73	(F) for a photograph identification procedure,
74	74	procedures for assigning an administrator who is capable of
75	75	administering a photograph array in a blind manner or in a manner
76	76	consistent with other proven or supported best practices designed
77	77	to prevent opportunities to influence the witness; and
78	78	(G) any other procedures or best practices
79	79	supported by credible research or commonly accepted as a means to
80	80	reduce erroneous eyewitness identifications and to enhance the
81	81	objectivity and reliability of eyewitness identifications.
82	82	Sec. 4. (a) Not later than December 31 of each
83	83	odd-numbered year, the institute shall review the model policy and
84	84	training materials adopted under this article and shall modify the
85	85	policy and materials as appropriate.
86	86	(b) Not later than September 1 of each even-numbered year,
87	87	each law enforcement agency shall review its policy adopted under
88	88	this article and shall modify that policy as appropriate.
89	89	Sec. 5. (a) Any evidence or expert testimony presented by
90	90	the state or the defendant on the subject of eyewitness
91	91	identification is admissible only subject to compliance with the
92	92	Texas Rules of Evidence. Evidence of compliance with the model
93	93	policy or any other policy adopted under this article or with the
94	94	minimum requirements of this article is not a condition precedent
95	95	to the admissibility of an out-of-court eyewitness identification.
96	96	(b) Notwithstanding Article 38.23 as that article relates
97	97	to a violation of a state statute, a failure to conduct a photograph
98	98	or live lineup identification procedure in substantial compliance
99	99	with the model policy or any other policy adopted under this article
100	100	or with the minimum requirements of this article does not bar the
101	101	admission of eyewitness identification testimony in the courts of
102	102	this state.
103	103	SECTION 2. (a) Not later than December 31, 2011, the Bill
104	104	Blackwood Law Enforcement Management Institute of Texas shall
105	105	develop, adopt, and disseminate the model policy and associated
106	106	training materials required under Article 38.20, Code of Criminal
107	107	Procedure, as added by this Act.
108	108	(b) Not later than September 1, 2012, each law enforcement
109	109	agency to which Article 38.20, Code of Criminal Procedure, as added
110	110	by this Act, applies shall adopt a policy as required by that
111	111	article.
112	112	(c) The change in law made by Section 5, Article 38.20, Code
113	113	of Criminal Procedure, as added by this Act, applies only to a
114	114	photograph or live lineup identification procedure conducted on or
115	115	after September 1, 2012, regardless of whether the offense to which
116	116	the procedure is related occurred before, on, or after September 1,
117	117	2012.
118	118	SECTION 3. This Act takes effect September 1, 2011.
119	119	* * * * *