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SB 200: "An Act establishing certain procedures related to the identification of suspects by eyewitnesses to criminal offenses."

00                             SENATE BILL NO. 200                                                                         
01 "An Act establishing certain procedures related to the identification of suspects by                                    
02 eyewitnesses to criminal offenses."                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 12.50 is amended by adding new sections to read:                                                   
05               Article 4. Identification of Persons by Eyewitnesses.                                                   
06            Sec. 12.50.300. Eyewitness identification proceedings. A law enforcement                                   
07       agency conducting eyewitness identification proceedings shall adopt specific                                      
08       procedures for conducting photo and live lineups. The procedures must meet the                                    
09       following minimum requirements:                                                                                   
10                 (1)  before a photo or live lineup, a law enforcement officer shall record                              
11       as compete a description as possible of the perpetrator provided by the eyewitness, in                            
12       the eyewitness's own words; the statement must include information regarding the                                  
13       conditions under which the eyewitness observed the perpetrator, including location,                               
14       time, distance, obstructions, lighting, weather conditions, any impairments relating to                           
01       the vision of the eyewitness, or other impairments;                                                               
02                 (2)  an independent administrator shall conduct the lineup;                                             
03                 (3)  when it is impracticable for an independent or blinded                                             
04       administrator to conduct a photo or live lineup, the administrator shall use a procedure                          
05       that achieves neutral administration of the lineup that consists of simultaneous                                  
06       presentation of the lineup.                                                                                       
07            Sec. 12.50.310. Training of law enforcement officers. The Department of                                    
08       Public Safety shall create, administer, and conduct a training program for law                                    
09       enforcement officers and recruits in the methods, technical aspects, and scientific                               
10       findings related to eyewitness proceedings under AS 12.50.300 - 12.50.399.                                        
11            Sec. 12.50.399. Definitions. For the purposes of AS 12.50.300 - 12.50.399,                                 
12                 (1)  "administrator" means the person conducting the lineup;                                            
13                 (2)  "blinded administrator" means an administrator who might know                                      
14       who the suspect is, but does not know which lineup member is being viewed by the                                  
15       eyewitness; "blinded administrator" includes an administrator who conducts a photo                                
16       lineup through the use of a folder system or substantially similar system;                                        
17                 (3)  "eyewitness" means a person whose identification by sight of                                       
18       another person may be relevant in a criminal investigation;                                                       
19                 (4)  "independent administrator" means an administrator who is not                                      
20       participating in the investigation of the criminal offense and is unaware of which                                
21       person in the lineup is the suspect;                                                                              
22                 (5)  "law enforcement agency" means a public agency that performs as                                    
23       one of its principal functions an activity relating to crime prevention, control, or                              
24       reduction or relating to the enforcement of the criminal law; "law enforcement                                    
25       agency" does not include a court;                                                                                 
26                 (6)  "law enforcement officer" means an employee of a law                                               
27       enforcement agency;                                                                                               
28                 (7)  "live lineup" means a procedure in which a group of people is                                      
29       displayed to an eyewitness for the purpose of determining if the eyewitness is able to                            
30       identify the perpetrator of a crime;                                                                              
31                 (8)  "photo lineup" means a procedure in which an array of photographs                                  
01       is displayed to an eyewitness for the purpose of determining if the eyewitness is able                            
02       to identify the perpetrator of a crime;                                                                           
03                 (9)  "suspect" means the person believed by law enforcement to be the                                   
04       possible perpetrator of the offense.