HB 2960

Abstract

Amends the Code of Criminal Procedure of 1963. Requires State, county, and local law enforcement to use identification lineup procedures, if practicable, that the administrator conducting the lineup shall not be aware of which person in the lineup or photo spread is suspected as the perpetrator of the offense under investigation. If it is not practicable to have an unaware administrator, the reason shall be explained in a report prepared prior to the lineup, or if a photo spread the spread shall be conducted by the use of a folder shuffle method, computer program, or other comparable method so that the person conducting the procedure does not know which photograph the eyewitness is viewing during the procedure. A lineup of persons or a photo spread lineup shall be presented to witnesses sequentially, with each person or photo presented separately and then removed before the next person or photo is viewed. If practicable an audio video or audio recording shall be made of the entire identification procedure and if not practicable a detailed written report stating the reason the recording could not be made. Provides instructions to the eyewitness to whom the identification procedure is presented. Sets forth procedures for conducting identification procedures. Provides remedies for failure to comply with identification procedures. Repeals current lineup and photo spread procedures. Repeals an expired pilot study on sequential lineup procedures.