| 1 | 1 | | 84R2892 KJE-F |
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| 2 | 2 | | By: Hinojosa, Ellis S.B. No. 889 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to jury instructions regarding eyewitness identification |
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| 8 | 8 | | testimony in certain criminal cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 3(a), Article 38.20, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | (a) Each law enforcement agency shall adopt, implement, |
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| 13 | 13 | | require the agency's peace officers to comply with, and as |
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| 14 | 14 | | necessary amend a detailed written policy regarding the |
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| 15 | 15 | | administration of photograph and live lineup identification |
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| 16 | 16 | | procedures in accordance with this article. A law enforcement |
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| 17 | 17 | | agency may adopt: |
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| 18 | 18 | | (1) the model policy adopted under Subsection (b); or |
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| 19 | 19 | | (2) the agency's own policy that, at a minimum, |
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| 20 | 20 | | conforms to the requirements of Subsection (c). |
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| 21 | 21 | | SECTION 2. Chapter 36, Code of Criminal Procedure, is |
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| 22 | 22 | | amended by adding Article 36.145 to read as follows: |
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| 23 | 23 | | Art. 36.145. STATEMENT REGARDING EYEWITNESS IDENTIFICATION |
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| 24 | 24 | | TESTIMONY. During the trial of a case in which the identity of the |
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| 25 | 25 | | perpetrator is a contested issue and an eyewitness identifies the |
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| 26 | 26 | | defendant as the perpetrator, the judge shall include in the |
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| 27 | 27 | | court's charge under Article 36.14 a statement that, in considering |
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| 28 | 28 | | the reliability of the eyewitness's testimony, the jury may |
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| 29 | 29 | | consider the facts and circumstances surrounding: |
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| 30 | 30 | | (1) the eyewitness's opportunity to observe the |
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| 31 | 31 | | perpetrator at the time or times about which the eyewitness |
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| 32 | 32 | | testified; and |
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| 33 | 33 | | (2) the eyewitness's out-of-court identification of |
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| 34 | 34 | | the defendant, including whether the out-of-court identification |
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| 35 | 35 | | procedure was conducted for the eyewitness by a law enforcement |
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| 36 | 36 | | agency in compliance with the agency's policy adopted as required |
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| 37 | 37 | | under Article 38.20. |
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| 38 | 38 | | SECTION 3. Article 36.145, Code of Criminal Procedure, as |
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| 39 | 39 | | added by this Act, applies only to a criminal case in which the voir |
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| 40 | 40 | | dire examination begins on or after the effective date of this Act. |
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| 41 | 41 | | A criminal case in which the voir dire examination begins before the |
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| 42 | 42 | | effective date of this Act is governed by the law in effect when the |
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| 43 | 43 | | examination begins, and the former law is continued in effect for |
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| 44 | 44 | | that purpose. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2015. |
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