Bill Text: FL H0821 | 2011 | Regular Session | Comm Sub

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Bill Title: Eyewitness Identification

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0821 Detail]

Download: Florida-2011-H0821-Comm_Sub.html

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CS/CS/HB 821

1	A bill to be entitled
2	An act relating to eyewitness identification; providing a
3	short title; providing legislative findings; requiring
4	state and local law enforcement agencies to establish and
5	implement written policies and procedures addressing
6	eyewitness identification; specifying the requirements of
7	the policies and procedures; requiring state and local law
8	enforcement agencies to submit such policies and
9	procedures to the state attorney by a specified date;
10	requiring the Florida Prosecuting Attorneys Association to
11	develop draft jury instructions by a specified date to be
12	submitted to the Supreme Court for consideration;
13	requiring the Criminal Justice Standards and Training
14	Commission and the Department of Law Enforcement to create
15	and make available to state and local law enforcement
16	agencies educational materials and training programs
17	regarding the standards for eyewitness identification
18	procedures and practices in compliance with the act;
19	requiring state and local law enforcement agencies to
20	provide eyewitness identification procedures training to
21	their law enforcement personnel; providing an effective
22	date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Eyewitness identification.-
27	(1)  This section may be cited as the "2011 Eyewitness
28	Identification Policies Act."
29	(2)  The Legislature finds that it is critical to establish
30	appropriate standards for the effective administration of live
31	lineups and photograph arrays in an effort to promote accurate
32	and reliable eyewitness identification and to minimize the
33	possibility of erroneous eyewitness identifications.
34	(3)  Each state and local law enforcement agency shall
35	establish and implement written policies and procedures
36	addressing eyewitness identification. The policies and
37	procedures must include, at a minimum, the following:
38	(a)  A description of how live lineups and photograph
39	arrays will be created and conducted to maintain the neutrality
40	and impartiality of the identification process.
41	(b)  A standard set of instructions that the witness must
42	be given before reviewing the live lineup or photograph array
43	which includes the following:
44	1.  The person of interest might or might not be in the
45	lineup or photograph array;
46	2.  The witness is not required to make an identification;
47	3.  It is as important to exclude innocent persons as it is
48	to identify the perpetrators; and
49	4.  The investigation will continue with or without an
50	identification.
51	(c)  A description of how an eyewitness will indicate that
52	a positive identification has been made.
53	(d)  A description of how an eyewitness will acknowledge
54	receipt of the instructions outlined in paragraph (b).
55	(e)  A description of any other documentation requirements
56	deemed necessary by the agency to conduct live lineups or
57	photograph arrays.
58	(4)  Each state and local law enforcement agency must
59	submit such policies and procedures to its respective state
60	attorney by November 1, 2011. Each state attorney shall maintain
61	the policies and procedures submitted to him or her.
62	(5)  By July 1, 2011, the Florida Prosecuting Attorneys
63	Association shall develop draft jury instructions regarding
64	evaluating eyewitness identification testimony in criminal cases
65	and forward such jury instructions to the appropriate Supreme
66	Court committee for consideration.
67	(6)  The Criminal Justice Standards and Training
68	Commission, in consultation with the Department of Law
69	Enforcement, shall create and make available educational
70	materials and training programs regarding the minimum standards
71	for eyewitness identification procedures and practices described
72	in subsection (3) to state and local law enforcement agencies.
73	Each state and local law enforcement agency shall provide
74	eyewitness identification procedures training to its law
75	enforcement personnel.
76	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.