hr1071_LC_29_3144S_hs

hr1071_LC_29_3144S_hs_4.html

08 LC 29 3144S

The House Committee on Judiciary Non-civil offers the following substitute to HR 1071:

A RESOLUTION

Urging all law enforcement agencies of this state to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes.

WHEREAS, eyewitness error is the leading cause of mistaken convictions, and cases of mistaken convictions in this state 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 accurately and apprehend the true perpetrators of crimes, and 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; and

WHEREAS, the House Study Committee on Eyewitness Identification Procedures recently completed a study of issues pertaining to witness identification and the use of various lineup procedures; and

WHEREAS, the House Study Committee on Eyewitness Identification Procedures developed guidelines and procedures which should be contained in written policies, as follows: (1) It is strongly encouraged that the administrator of a photographic lineup or physical lineup should be a neutral independent administrator, when feasible, and no person familiar with the identity of the suspect should be present during a photographic lineup or physical lineup;

(2) Prior to beginning a photographic lineup or physical lineup identification procedure, the administrator should instruct the witness that:

(A) The witness does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made;

(B) The individuals depicted in the photographic lineup or physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change;

(D) When a neutral independent administrator is conducting the photographic lineup or physical lineup, the administrator is not aware of whether the suspect is included in such photographic lineup or physical lineup; and

(E) Regardless of whether an identification is made, law enforcement will continue to investigate the crime; and

(3) When conducting a photographic lineup or physical lineup, the administrator should preserve the outcome of the procedure by documenting any identification or nonidentification result obtained from a witness. All witness responses to the photographic lineup or physical lineup participants should be documented using the witness´s own words, either in writing or with an audio or video recording.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that all law enforcement agencies of this state are strongly urged to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Georgia Sheriff´s Association, the Georgia Association of Chiefs of Police, the Georgia Bureau of Investigation, and the Georgia Peace Officer Standards and Training Council.