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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.