Bill Text: TX HB215 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
| 82R469 SJM-D | ||
| By: Gallego | 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 conforms to the | ||
| requirements of the model policy adopted under Subsection (b). | ||
| (b) The institute, with the advice and assistance of law | ||
| enforcement agencies and scientific experts in eyewitness memory | ||
| research, shall develop, adopt, and disseminate to all law | ||
| enforcement agencies a model policy and associated training | ||
| materials regarding the administration of photograph and live | ||
| lineup identification procedures. | ||
| (c) The model policy must: | ||
| (1) be based on: | ||
| (A) scientific research on eyewitness memory; | ||
| (B) relevant policies and guidelines developed | ||
| by the federal government, other states, and other law enforcement | ||
| organizations; 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) procedures for assigning an administrator | ||
| who, as applicable: | ||
| (i) is unaware of which member of the live | ||
| lineup is the suspect in the case or, if that is not practicable, | ||
| alternative procedures designed to prevent opportunities to | ||
| influence the witness; or | ||
| (ii) is capable of administering a | ||
| photograph array in a blind manner or, if that is not practicable, | ||
| alternative procedures designed to prevent opportunities to | ||
| influence the witness; and | ||
| (F) any other procedures or best practices | ||
| supported by credible research or commonly accepted as a means to | ||
| reduce erroneous identifications and enhance the objectivity and | ||
| reliability of eyewitness identifications. | ||
| Sec. 4. The institute shall complete an annual review of the | ||
| model policy and training materials adopted under this article and | ||
| shall modify the policy and materials as necessary. | ||
| Sec. 5. (a) Evidence of compliance or noncompliance with | ||
| the model policy adopted under this article is relevant and | ||
| admissible in a criminal case but is not a condition precedent to | ||
| the admissibility of an out-of-court eyewitness identification. | ||
| (b) Notwithstanding Article 38.23, a failure to conduct a | ||
| photograph or live lineup identification procedure in substantial | ||
| compliance with the model policy adopted under this article does | ||
| not bar the admission of eyewitness identification testimony in the | ||
| courts of this state. | ||
| SECTION 2. (a) Not later than June 1, 2012, 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. | ||
