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Eyewitness Identification Showup Regulations

Concerning measures related to eyewitness identification techniques, and, in connection therewith, requiring reporting data related to eyewitness techniques and regulating the use of showup identifications.
2021 Regular Session
Crimes, Corrections, & Enforcement
Bill Summary

Beginning October 1, 2021 January 1, 2022 , each law enforcement agency that uses a showup shall collect for each showup the date, the technique that was used, the gender and race of the suspect, the alleged crime, and whether the technique lead to identification of the suspect the outcome of the showup . Each law enforcement agency shall create an annual report of the data collected.The bill prohibits a court from admitting evidence of a showup identification unless the court finds that the showup was conducted pursuant to the statutory requirements and the court determines:

  • The showup was necessary because the peace officer lacked probable cause that permitted an arrest that would have allowed for the use of a lineup or photo array; or
  • Exigent circumstances required an immediate identification procedure.

The bill creates requirements and conditions that must be followed when a showup is conducted.The bill directs that a peace officer may only utilize a showup:

  • Following the report of a crime, when a peace officer, acting on reasonable suspicion, has detained a subject in the crime within minutes of the commission of the crime and near the location of the crime;
  • When, given the circumstances, neither a live lineup nor a photo array areavailable as a means of identification, and the eyewitness reasonably believeshe or she can identify the subject;
  • To verify the identity of an intimate relationship in a domestic violence case; or
  • To confirm the identity of a familial subject, including a parent, child, or sibling, known to the eyewitness.

Beginning January 1, 2022, the bill creates the conditions a P.O.S.T.-certified peace officer must comply with when conducting a showup. In a case in which a showup was conducted, the court shall hold a hearing to determine the admissibility of the identification upon motion of the defendant. If the prosecution establishes by a preponderance of the evidence that the showup complied with the conditions, the identification is admissible. The bill directs a peace officer conducting a showup to communicate to the eyewitness certain information and instructions about the showup process, and the eyewitness must agree to comply with the instructions for the showup to proceed.Under current law, local law enforcement agencies must begin collecting certain data relating to contacts conducted by the agencies' peace officers. The bill adds data related to showups to that collection requirement beginning in 2023.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Under Consideration


Bill Text

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