07 LC 29
2810S
The
House Committee on Judiciary Non-civil offers the following substitute to
HR 352:
A
RESOLUTION
Creating
the House Study Committee on Eyewitness Identification Procedures; and for other
purposes.
WHEREAS,
eyewitness error is the leading cause of mistaken convictions; and
WHEREAS,
cases of mistaken convictions due to eyewitness misidentification have resulted
in actual perpetrators remaining free to commit more crimes; and
WHEREAS,
the goal of a police investigation is to identify perpetrators accurately and
apprehend the true perpetrators of crimes; and
WHEREAS,
scientific studies of eyewitness memory have demonstrated that eyewitness
evidence is, like trace physical evidence, susceptible to contamination if not
handled properly; and
WHEREAS,
well-intentioned witnesses and authorities acting in good faith may sometimes
inadvertently undermine the accuracy of an identification procedure unless
appropriate safeguards are in place; and
WHEREAS,
extensive scientific research has shown that alternative methods of conducting
identification procedures greatly enhance eyewitness identification accuracy;
and
WHEREAS,
this state has a compelling interest in assuring that appropriate eyewitness
identification procedures are utilized in this state.
NOW,
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created
the House Study Committee on Eyewitness Identification Procedures to be composed
of five members of the House of Representatives to be appointed by the Speaker
of the House, one of whom shall be designated as the chairperson. The
chairperson shall call all meetings of the committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions including, but not limited to, best practices for
eyewitness identification procedures and evidentiary standards for admissibility
of eyewitness identifications, or legislation which the committee deems
necessary or appropriate. The committee may conduct such meetings at such
places and at such times as it may deem necessary or convenient to enable it to
exercise fully and effectively its powers, perform its duties, and accomplish
the objectives and purposes of this resolution. The members of the committee
shall receive the allowances authorized for legislative members of interim
legislative committees but shall receive the same for not more than five days
unless additional days are authorized. The funds necessary to carry out the
provisions of this resolution shall come from the funds appropriated to the
House of Representatives. In the event the committee makes a report of its
findings and recommendations, with suggestions for proposed legislation, if any,
such report shall be made on or before the convening of the 2008 session of the
General Assembly, at which time the committee shall stand abolished.