Bill Text: TX HB215 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to photograph and live lineup identification procedures in criminal cases.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB215 Detail]
Download: Texas-2011-HB215-Enrolled.html
H.B. No. 215 |
|
||
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 |