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.