Bill Text: TX SB889 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to jury instructions regarding eyewitness identification testimony in certain criminal cases.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-03-04 - Referred to Criminal Justice [SB889 Detail]
Download: Texas-2015-SB889-Introduced.html
| 84R2892 KJE-F | ||
| By: Hinojosa, Ellis | S.B. No. 889 | |
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| relating to jury instructions regarding eyewitness identification | ||
| testimony in certain criminal cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 3(a), Article 38.20, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (a) Each law enforcement agency shall adopt, implement, | ||
| require the agency's peace officers to comply with, 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). | ||
| SECTION 2. Chapter 36, Code of Criminal Procedure, is | ||
| amended by adding Article 36.145 to read as follows: | ||
| Art. 36.145. STATEMENT REGARDING EYEWITNESS IDENTIFICATION | ||
| TESTIMONY. During the trial of a case in which the identity of the | ||
| perpetrator is a contested issue and an eyewitness identifies the | ||
| defendant as the perpetrator, the judge shall include in the | ||
| court's charge under Article 36.14 a statement that, in considering | ||
| the reliability of the eyewitness's testimony, the jury may | ||
| consider the facts and circumstances surrounding: | ||
| (1) the eyewitness's opportunity to observe the | ||
| perpetrator at the time or times about which the eyewitness | ||
| testified; and | ||
| (2) the eyewitness's out-of-court identification of | ||
| the defendant, including whether the out-of-court identification | ||
| procedure was conducted for the eyewitness by a law enforcement | ||
| agency in compliance with the agency's policy adopted as required | ||
| under Article 38.20. | ||
| SECTION 3. Article 36.145, Code of Criminal Procedure, as | ||
| added by this Act, applies only to a criminal case in which the voir | ||
| dire examination begins on or after the effective date of this Act. | ||
| A criminal case in which the voir dire examination begins before the | ||
| effective date of this Act is governed by the law in effect when the | ||
| examination begins, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
