Bill Text: CT HB05273 | 2010 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Eyewitness Identification.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2010-04-26 - Joint Unfavorable [HB05273 Detail]

Download: Connecticut-2010-HB05273-Comm_Sub.html

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General Assembly		Raised Bill No. 5273
February Session, 2010		LCO No. 1066
		*_____HB05273JUD___032910____*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING EYEWITNESS IDENTIFICATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2010) (a) For the purposes of this section:

(1) "Eyewitness" means a person who observes another person at or near the scene of an offense;

(2) "Photo lineup" means a procedure in which an array of photographs, including a photograph of the person suspected as the perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

(3) "Live lineup" means a procedure in which a group of persons, including the person suspected as the perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator;

(4) "Identification procedure" means either a photo lineup or a live lineup; and

(5) "Filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.

(b) Not later than January 1, 2011, each municipal police department and the Department of Public Safety shall adopt procedures for the conducting of photo lineups and live lineups that comply with the following requirements:

(1) When practicable, the person conducting the identification procedure shall be a person who is not aware of which person in the photo lineup or live lineup is suspected as the perpetrator of the offense;

(2) The photo lineup and live lineup shall be conducted in sequence so that the eyewitness is shown each photograph or each person one at a time rather than viewing the photographs or the persons simultaneously;

(3) The eyewitness shall be instructed prior to the identification procedure:

(A) That the perpetrator may not be among the persons in the photo lineup or the live lineup;

(B) That the eyewitness should not feel compelled to make an identification;

(C) That each photograph or person will be viewed one at a time;

(D) That the photographs or persons will be displayed in random order;

(E) That the eyewitness should take as much time as needed in making a decision about each photograph or person before moving to the next one; and

(F) That all photographs or persons will be shown to the eyewitness, even if an identification is made before all photographs or persons have been viewed;

(4) The photo lineup or live lineup shall be composed so that the fillers generally fit the description of the person suspected as the perpetrator and, in the case of a photo lineup, so that the photograph of the person suspected as the perpetrator resembles his or her appearance at the time of the offense and does not unduly stand out;

(5) If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the person suspected as the perpetrator participates shall be different from the fillers used in any prior lineups;

(6) At least five fillers shall be included in the photo lineup and at least four fillers shall be included in the live lineup, in addition to the person suspected as the perpetrator;

(7) In a photo lineup, no writings or information concerning any previous arrest of the person suspected as the perpetrator shall be visible to the eyewitness;

(8) In a live lineup, any identification actions, such as speaking or making gestures or other movements, shall be performed by all lineup participants;

(9) In a live lineup, all lineup participants shall be out of the view of the eyewitness at the beginning of the identification procedure;

(10) The person suspected as the perpetrator shall be the only suspected perpetrator included in the identification procedure;

(11) Nothing shall be said to the eyewitness regarding the position in the photo lineup or the live lineup of the person suspected as the perpetrator, except as otherwise provided in subparagraph (D) of subdivision (3) of this subsection;

(12) Nothing shall be said to the eyewitness that might influence the eyewitness's selection of the person suspected as the perpetrator;

(13) If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning such person prior to obtaining the eyewitness's statement that he or she is certain of the selection; and

(14) A written record of the identification procedure shall be made that includes the following information:

(A) All identification and nonidentification results obtained during the identification procedure, signed by the eyewitness, including the eyewitness's own words regarding how certain he or she is of the selection;

(B) The names of all persons present at the identification procedure;

(C) The date and time of the identification procedure;

(D) The order in which the photographs or persons were displayed to the eyewitness;

(E) In a photo lineup, the photographs themselves;

(F) In a photo lineup, identification information and the sources of all photographs used; and

(G) In a live lineup, identification information on all persons who participated in the lineup.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2010	New section

JUD

Joint Favorable