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A BILL TO BE ENTITLED
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AN ACT
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relating to photograph and live lineup identification procedures in |
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criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.20 to read as follows: |
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Art. 38.20. PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION |
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PROCEDURES |
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Sec. 1. In this article, "institute" means the Bill |
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Blackwood Law Enforcement Management Institute of Texas located at |
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Sam Houston State University. |
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Sec. 2. This article applies only to a law enforcement |
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agency of this state or of a county, municipality, or other |
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political subdivision of this state that employs peace officers who |
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conduct photograph or live lineup identification procedures in the |
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routine performance of the officers' official duties. |
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Sec. 3. (a) Each law enforcement agency shall adopt, |
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implement, and as necessary amend a detailed written policy |
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regarding the administration of photograph and live lineup |
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identification procedures in accordance with this article. A law |
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enforcement agency may adopt: |
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(1) the model policy adopted under Subsection (b); or |
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(2) the agency's own policy that conforms to the |
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requirements of the model policy adopted under Subsection (b). |
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(b) The institute, with the advice and assistance of law |
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enforcement agencies and scientific experts in eyewitness memory |
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research, shall develop, adopt, and disseminate to all law |
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enforcement agencies a model policy and associated training |
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materials regarding the administration of photograph and live |
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lineup identification procedures. |
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(c) The model policy must: |
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(1) be based on: |
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(A) scientific research on eyewitness memory; |
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(B) relevant policies and guidelines developed |
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by the federal government, other states, and other law enforcement |
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organizations; and |
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(C) other relevant information as appropriate; |
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and |
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(2) address the following topics: |
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(A) the selection of photograph and live lineup |
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filler photographs or participants; |
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(B) instructions given to a witness before |
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conducting a photograph or live lineup identification procedure; |
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(C) the documentation and preservation of |
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results of a photograph or live lineup identification procedure, |
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including the documentation of witness statements, regardless of |
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the outcome of the procedure; |
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(D) procedures for administering a photograph or |
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live lineup identification procedure to an illiterate person or a |
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person with limited English language proficiency; |
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(E) procedures for assigning an administrator |
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who, as applicable: |
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(i) is unaware of which member of the live |
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lineup is the suspect in the case or, if that is not practicable, |
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alternative procedures designed to prevent opportunities to |
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influence the witness; or |
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(ii) is capable of administering a |
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photograph array in a blind manner or, if that is not practicable, |
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alternative procedures designed to prevent opportunities to |
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influence the witness; and |
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(F) any other procedures or best practices |
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supported by credible research or commonly accepted as a means to |
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reduce erroneous identifications and enhance the objectivity and |
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reliability of eyewitness identifications. |
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Sec. 4. The institute shall complete an annual review of the |
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model policy and training materials adopted under this article and |
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shall modify the policy and materials as necessary. |
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Sec. 5. (a) Evidence of compliance or noncompliance with |
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the model policy adopted under this article is relevant and |
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admissible in a criminal case but is not a condition precedent to |
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the admissibility of an out-of-court eyewitness identification. |
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(b) Notwithstanding Article 38.23, a failure to conduct a |
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photograph or live lineup identification procedure in substantial |
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compliance with the model policy adopted under this article does |
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not bar the admission of eyewitness identification testimony in the |
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courts of this state. |
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SECTION 2. (a) Not later than June 1, 2012, the Bill |
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Blackwood Law Enforcement Management Institute of Texas shall |
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develop, adopt, and disseminate the model policy and associated |
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training materials required under Article 38.20, Code of Criminal |
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Procedure, as added by this Act. |
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(b) Not later than September 1, 2012, each law enforcement |
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agency to which Article 38.20, Code of Criminal Procedure, as added |
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by this Act, applies shall adopt a policy as required by that |
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article. |
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(c) The change in law made by Section 5, Article 38.20, Code |
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of Criminal Procedure, as added by this Act, applies only to a |
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photograph or live lineup identification procedure conducted on or |
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after September 1, 2012, regardless of whether the offense to which |
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the procedure is related occurred before, on, or after September 1, |
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2012. |
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SECTION 3. This Act takes effect September 1, 2011. |