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