Revision: Nov. 6, 2017, 11:06 a.m.
HB 1329 - AS INTRODUCED
2018 SESSION
18-2029
08/04
HOUSE BILL 1329
AN ACT relative to eyewitness identification procedures.
SPONSORS: Rep. O'Leary, Hills. 13; Rep. Cushing, Rock. 21; Rep. Fields, Belk. 4
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires certain law enforcement agencies to adopt a written policy regarding eyewitness identification procedures.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2029
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to eyewitness identification procedures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Eyewitness Identification Procedures. Amend RSA by inserting after chapter 106-L the following new chapter:
CHAPTER 106-M
EYEWITNESS IDENTIFICATION PROCEDURES
106-M:1 Definitions. In this section:
I. "Administrator" means the person conducting the photo or live lineup.
II. "Suspect" means the person believed by law enforcement to be the possible perpetrator of the crime.
III. "Blind" means the administrator does not know the identity of the suspect.
IV. "Blinded" means the administrator may know who the suspect is, but does not know which lineup member is being viewed by the eyewitness.
V. "Eyewitness" means a person who observes another person at or near the scene of an offense.
VI. "Filler" means either a person or a photograph of a person who is not suspected of an offense and is included in an identification procedure.
VII. "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
VIII. "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
IX. "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.
106-M:2 Written Policy Required.
I. Not later than January 1, 2019 any law enforcement agency conducting eyewitness identification procedures shall adopt a written policy regarding the administration of live lineups, photo lineups, and show-up procedures in accordance with this section. Law enforcement agencies shall either adopt the 2015 model policy created by the New Hampshire office of the attorney general and the New Hampshire Association of Chiefs of Police, or craft their own written policies which shall, at a minimum, include the following:
(a) Having a blind administrator conduct photo or live lineups or, when impracticable, having a blinded administrator conduct a photo lineup.
(b) Providing the eyewitness with instructions as described in the attorney general's model policy, including advising the eyewitness that the real perpetrator may or may not be in the identification procedure and that the investigation will continue regardless of whether an identification is made.
(c) Composing the lineup so that the fillers generally resemble the eyewitness's original description of the perpetrator, and so that the suspect does not stand out from the fillers.
(d) Having the administrator seek and document a clear statement from the eyewitness, immediately after the eyewitness makes an identification in the eyewitness's own words, as to the eyewitness's confidence level that the person identified is the person who committed the crime.
(e) Adopting relevant practices shown to enhance the reliability of an eyewitness participating in a show-up procedure, such as identifying the circumstances under which a show-up is warranted; transporting the eyewitness to a neutral, non-law enforcement location where the detained suspect is being held; removing the suspect from the law enforcement squad car; removing restraints from the suspect when he is being observed by the eyewitness; and administering the show-up procedure close in time to the commission of the crime.
(f) Where practicable, electronically recording the entirety of the photo and live lineup and the shown procedure.
II. Each law enforcement agency in New Hampshire that administers eyewitness identification procedures shall provide a copy of its written policies to the office of the attorney general no later than January 1, 2019.
III. The police standards and training council shall continue to make available all online resources to law enforcement officers and recruits on the methods and technical aspects of the eyewitness identification practices and procedures shown by reliable evidence to enhance the accuracy of eyewitness evidence referenced in this section. The police standards and training council shall also incorporate, whether via an online platform or live session, eyewitness identification protocol as part of regular trainings for veteran officers as well as new recruits.
IV. When evidence of compliance or noncompliance with the requirements of this section has been presented at trial, the jury shall be instructed that it may consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications.
2 Effective Date. This act shall take effect 60 days after its passage.