84R2892 KJE-F
By: Hinojosa, Ellis S.B. No. 889
A BILL TO BE ENTITLED
AN ACT
relating to jury instructions regarding eyewitness identification
testimony in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3(a), Article 38.20, Code of Criminal
Procedure, is amended to read as follows:
(a) Each law enforcement agency shall adopt, implement,
require the agency's peace officers to comply with, 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, at a minimum,
conforms to the requirements of Subsection (c).
SECTION 2. Chapter 36, Code of Criminal Procedure, is
amended by adding Article 36.145 to read as follows:
Art. 36.145. STATEMENT REGARDING EYEWITNESS IDENTIFICATION
TESTIMONY. During the trial of a case in which the identity of the
perpetrator is a contested issue and an eyewitness identifies the
defendant as the perpetrator, the judge shall include in the
court's charge under Article 36.14 a statement that, in considering
the reliability of the eyewitness's testimony, the jury may
consider the facts and circumstances surrounding:
(1) the eyewitness's opportunity to observe the
perpetrator at the time or times about which the eyewitness
testified; and
(2) the eyewitness's out-of-court identification of
the defendant, including whether the out-of-court identification
procedure was conducted for the eyewitness by a law enforcement
agency in compliance with the agency's policy adopted as required
under Article 38.20.
SECTION 3. Article 36.145, Code of Criminal Procedure, as
added by this Act, applies only to a criminal case in which the voir
dire examination begins on or after the effective date of this Act.
A criminal case in which the voir dire examination begins before the
effective date of this Act is governed by the law in effect when the
examination begins, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2015.