08 LC 29
3128S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
997:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 35 of the Official Code of Georgia Annotated, relating to law
enforcement officers and agencies, so as to provide for written policies for
enhancing witness identification and related protocol; to provide for a short
title; to provide for definitions; to provide for training in enhancing witness
identification accuracy; to amend Chapter 4 of Title 17 of the Official Code of
Georgia Annotated, relating to arrest of persons, so as to provide for
implementation of procedures for enhancing witness identification accuracy; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Witness Identification Accuracy
Enhancement Act."
SECTION
2.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended in Chapter 1, relating to general provisions
for law enforcement officers and agencies, by adding new Code sections to read
as follows:
"35-1-15.
(a)
As used in this Code section, the term:
(1)
'Filler' means a person or photograph of a person who is not a suspect in the
crime under investigation and is made part of a physical lineup or a
photographic lineup and presented to a witness.
(2)
'In-service' means continuing education for peace officers which is in addition
to the basic training course set forth in Code Section 35-8-9.
(3)
'Peace officer' shall have the same meaning as set forth in Code Section
35-8-2.
(4)
'Photographic lineup' means a selected group of photographs of persons presented
to a witness containing a single suspect and several fillers for the purpose of
determining whether the witness is able to identify the suspect as the
perpetrator of the crime.
(5)
'Physical lineup' means a selected group of persons presented to a witness
containing a suspect and several fillers for the purpose of determining whether
the witness is able to identify the suspect as the perpetrator of the
crime.
(6)
'Showup' means a witness views a single suspect for purposes of identification
of the suspect as the perpetrator of the crime.
(7)
'Suspect' means a person under investigation for participation in a
crime.
(b)
Prior to July 1, 2008, the Georgia Peace Officer Standards and Training Council
shall establish guidelines and procedures for conducting showups, photographic
lineups, and physical lineups and the Georgia Public Safety Training Center in
conjunction with the Prosecuting Attorneys´ Council of the State of Georgia
shall develop a comprehensive in-service training program for providing
instruction on such procedures. Such guidelines, procedures, and training
shall be for use by peace officers monitored by the Georgia Peace Officer
Standards and Training Council and monitored and funded by the Georgia Public
Safety Training Center in all courses for which it has responsibility and
oversight.
35-1-16.
On
and after January 1, 2009, each law enforcement unit, as such term is defined in
Code Section 35-8-2, that conducts showups, photographic lineups, or physical
lineups, as such terms are defined in Code Section 35-1-15, shall adopt written
policies that set forth the manner in which such operations shall be conducted
and shall contain minimum specifications for each such procedure. Each law
enforcement unit may create its own such policies or adopt an existing model.
Law enforcement units which do not comply with the requirements of this Code
section shall be subject to the withholding of any state funding or state
administered federal funding."
SECTION
3.
Chapter
4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of
persons, is amended by adding a new article to read as follows:
"ARTICLE
5
17-4-70.
On
and after July 1, 2011, all photographic lineups and physical lineups shall be
conducted by peace officers, as such terms are defined in Code Section 35-1-15,
who have successfully completed in-service training on conducting photographic
lineups and physical lineups as set forth in Code Section 35-1-15. This Code
section shall not preclude the admissibility of pretrial witness identification
evidence."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.