Today's Law As Amended


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AB-308 Criminal investigations: eyewitness identification: lineups.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 806 is added to the Evidence Code, to read:

806.
 In a criminal action, or in a juvenile court proceeding if the subject of the proceeding is or may be adjudged a ward of the juvenile court, expert testimony may be admitted regarding factors that affect the reliability of eyewitness identification if the proponent of the evidence establishes relevancy and proper qualifications of the witness.

SEC. 2.

 Section 686.3 is added to the Penal Code, to read:

686.3.
 (a) The goal of a law enforcement criminal investigation is to find and apprehend the person or persons responsible for committing a crime.
(b) A comprehensive body of peer-reviewed studies of eyewitness identification procedures indicates that the criminal justice system can improve the accuracy of eyewitness identifications by implementing changes to identification procedures.
(c) Improving the accuracy of eyewitness identifications will increase public trust in the criminal justice system.
(d) Policies and procedures such as those recommended by the National Institute of Justice and the California Commission on the Fair Administration of Justice are readily available and have proven effective in other jurisdictions.
(e) It is the intent of the Legislature that law enforcement officials study and consider adopting the policies and procedures recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect.
(f) (1) On or before January 1, 2013, the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, including representatives of the California District Attorneys Association, the Los Angeles District Attorney, the California Public Defenders Association, and the California Attorneys for Criminal Justice, shall develop guidelines for policies and procedures with respect to collection and handling of eyewitness evidence in criminal investigations by all law enforcement agencies operating in California. These guidelines shall be developed to ensure reliable and accurate suspect identifications and shall be consistent with the reliable evidence supporting best practices, including the recommendations of the California Commission on the Fair Administration of Justice.
(2) The Department of Justice shall report to the Legislature on or before July 1, 2013, the guidelines developed pursuant to paragraph (1) along with recommendations of any legislation needed to implement the guidelines.