Bill Text: TX HB215 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to photograph and live lineup identification procedures in criminal cases.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB215 Detail]
Download: Texas-2011-HB215-Enrolled.html
| H.B. No. 215 | ||
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| relating to photograph and live lineup identification procedures in | ||
| criminal cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Code of Criminal Procedure, is | ||
| amended by adding Article 38.20 to read as follows: | ||
| Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION | ||
| PROCEDURES | ||
| Sec. 1. In this article, "institute" means the Bill | ||
| Blackwood Law Enforcement Management Institute of Texas located at | ||
| Sam Houston State University. | ||
| Sec. 2. This article applies only to a law enforcement | ||
| agency of this state or of a county, municipality, or other | ||
| political subdivision of this state that employs peace officers who | ||
| conduct photograph or live lineup identification procedures in the | ||
| routine performance of the officers' official duties. | ||
| Sec. 3. (a) Each law enforcement agency shall adopt, | ||
| implement, 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). | ||
| (b) The institute, in consultation with large, medium, and | ||
| small law enforcement agencies and with law enforcement | ||
| associations, scientific experts in eyewitness memory research, | ||
| and appropriate organizations engaged in the development of law | ||
| enforcement policy, shall develop, adopt, and disseminate to all | ||
| law enforcement agencies in this state a model policy and | ||
| associated training materials regarding the administration of | ||
| photograph and live lineup identification procedures. The | ||
| institute shall provide for a period of public comment before | ||
| adopting the policy and materials. | ||
| (c) The model policy or any other policy adopted by a law | ||
| enforcement agency under Subsection (a) must: | ||
| (1) be based on: | ||
| (A) credible field, academic, or laboratory | ||
| research on eyewitness memory; | ||
| (B) relevant policies, guidelines, and best | ||
| practices designed to reduce erroneous eyewitness identifications | ||
| and to enhance the reliability and objectivity of eyewitness | ||
| identifications; and | ||
| (C) other relevant information as appropriate; | ||
| and | ||
| (2) address the following topics: | ||
| (A) the selection of photograph and live lineup | ||
| filler photographs or participants; | ||
| (B) instructions given to a witness before | ||
| conducting a photograph or live lineup identification procedure; | ||
| (C) the documentation and preservation of | ||
| results of a photograph or live lineup identification procedure, | ||
| including the documentation of witness statements, regardless of | ||
| the outcome of the procedure; | ||
| (D) procedures for administering a photograph or | ||
| live lineup identification procedure to an illiterate person or a | ||
| person with limited English language proficiency; | ||
| (E) for a live lineup identification procedure, | ||
| if practicable, procedures for assigning an administrator who is | ||
| unaware of which member of the live lineup is the suspect in the | ||
| case or alternative procedures designed to prevent opportunities to | ||
| influence the witness; | ||
| (F) for a photograph identification procedure, | ||
| procedures for assigning an administrator who is capable of | ||
| administering a photograph array in a blind manner or in a manner | ||
| consistent with other proven or supported best practices designed | ||
| to prevent opportunities to influence the witness; and | ||
| (G) any other procedures or best practices | ||
| supported by credible research or commonly accepted as a means to | ||
| reduce erroneous eyewitness identifications and to enhance the | ||
| objectivity and reliability of eyewitness identifications. | ||
| Sec. 4. (a) Not later than December 31 of each | ||
| odd-numbered year, the institute shall review the model policy and | ||
| training materials adopted under this article and shall modify the | ||
| policy and materials as appropriate. | ||
| (b) Not later than September 1 of each even-numbered year, | ||
| each law enforcement agency shall review its policy adopted under | ||
| this article and shall modify that policy as appropriate. | ||
| Sec. 5. (a) Any evidence or expert testimony presented by | ||
| the state or the defendant on the subject of eyewitness | ||
| identification is admissible only subject to compliance with the | ||
| Texas Rules of Evidence. Evidence of compliance with the model | ||
| policy or any other policy adopted under this article or with the | ||
| minimum requirements of this article is not a condition precedent | ||
| to the admissibility of an out-of-court eyewitness identification. | ||
| (b) Notwithstanding Article 38.23 as that article relates | ||
| to a violation of a state statute, a failure to conduct a photograph | ||
| or live lineup identification procedure in substantial compliance | ||
| with the model policy or any other policy adopted under this article | ||
| or with the minimum requirements of this article does not bar the | ||
| admission of eyewitness identification testimony in the courts of | ||
| this state. | ||
| SECTION 2. (a) Not later than December 31, 2011, the Bill | ||
| Blackwood Law Enforcement Management Institute of Texas shall | ||
| develop, adopt, and disseminate the model policy and associated | ||
| training materials required under Article 38.20, Code of Criminal | ||
| Procedure, as added by this Act. | ||
| (b) Not later than September 1, 2012, each law enforcement | ||
| agency to which Article 38.20, Code of Criminal Procedure, as added | ||
| by this Act, applies shall adopt a policy as required by that | ||
| article. | ||
| (c) The change in law made by Section 5, Article 38.20, Code | ||
| of Criminal Procedure, as added by this Act, applies only to a | ||
| photograph or live lineup identification procedure conducted on or | ||
| after September 1, 2012, regardless of whether the offense to which | ||
| the procedure is related occurred before, on, or after September 1, | ||
| 2012. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 215 was passed by the House on March | ||
| 31, 2011, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 215 was passed by the Senate on May | ||
| 18, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
