Tom Ammiano
- Democratic
Author
Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial if the proponent of the evidence establishes relevancy and proper qualifications of the witness. Existing law generally regulates the collection and admissibility of evidence for purposes of criminal prosecutions. This bill would authorize any law enforcement agency to adopt regulations for conducting photo and live lineups with eyewitnesses, and provides that specified procedures should be considered when adopting the regulations, including sequentially presenting photos used in an identification procedure and separating all witnesses when viewing an identification procedure. Existing law provides that in any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court before commencement of argument. This bill would require the court in a criminal trial or proceeding in which a witness testifies to an identification made before trial, as specified, and where the local law enforcement agency in that jurisdiction has adopted recommended live and photo eyewitness identification procedures, to give specified instructions to the jury, including an instruction that they may consider evidence that law enforcement officers did or did not follow specified procedures during identification procedures when determining the reliability of the eyewitness identification. The bill would authorize the court to provide the same instructions in a jurisdiction that has not adopted the recommended live and photo eyewitness identification procedures.
Died on inactive file.
Ordered to inactive file at the request of Senator Leno.
Read second time. Ordered to third reading.
Ordered to second reading.
From inactive file.
Ordered to inactive file at the request of Senator Padilla.
Ordered to third reading.
Withdrawn from committee.
Senate Rule 29.3(b) suspended. (Ayes 23. Noes 5. Page 2304.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Held under submission.
In committee: Placed on APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on APPR.
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 9. Page 1689.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 3.) (May 24).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 9).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 24.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB807 | HTML |
| 02/21/13 - Introduced | |
| 03/21/13 - Amended Assembly | |
| 04/11/13 - Amended Assembly | |
| 09/10/13 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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