79R1039 RMB-D

By:  Ellis                                                        S.B. No. 663



A BILL TO BE ENTITLED

AN ACT

relating to photograph and live lineup identification procedures in 
criminal cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is 
amended by adding Article 38.20 to read as follows:
	Art. 38.20.  PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION 
PROCEDURES. (a) A person administering a photograph or live lineup 
identification procedure to enable a witness to identify an 
offender for purposes of prosecution in a criminal case shall show 
the photographs or live lineup participants sequentially to the 
witness.  The person shall require the witness to state whether the 
individual shown is the offender before the witness views the next 
photograph or live lineup participant.
	(b)  Before a photograph or live lineup identification 
procedure, the person administering the procedure shall inform the 
witness that:
		(1)  the offender may not be among those shown, and the 
witness is not required to make an identification;
		(2)  the witness will be shown photographs or live 
lineup participants one at a time and will be required to state 
whether the individual shown is the offender before the witness 
views the next photograph or live lineup participant; and
		(3)  the witness should not assume that the person 
administering the photograph or live lineup identification 
procedure knows which individual is the suspect in the case.
	(c)  A witness who views a live lineup or photograph array 
must sign a form stating that the witness has received the 
information described by Subsection (b).
	(d)  If the witness identifies an individual as the offender, 
the person administering the photograph or live lineup 
identification procedure shall require the witness to characterize 
the degree of certainty of the witness that the individual 
identified is the offender.
	(e)  Only one member of a photograph array or live lineup may 
be a suspect in the case. The remaining members must be individuals 
who are not suspects but who satisfy the witness's previous 
description of the offender without appearing to be significantly 
different from the suspect.  Five or more individuals who are not 
suspects must be included in the photograph array or live lineup.
	(f)  The person who administers a photograph or live lineup 
identification procedure may not be made aware of which member of 
the photograph array or live lineup is the suspect in the case.
	(g)  Information related to a photograph or live lineup 
identification procedure must be documented in writing, including:
		(1)  identification information regarding the 
photographs or live lineup participants and sources of any 
photographs used;
		(2)  names of all individuals present when the 
procedure was conducted; and
		(3)  the date and time the procedure was conducted.                    
	(h)  A live lineup identification procedure must be 
photographed or videotaped. The photographs or video from the 
procedure must be disclosed to the defendant and the attorney 
representing the defendant during discovery proceedings in the 
case.
	SECTION 2.  Article 38.20, Code of Criminal Procedure, as 
added by this Act, applies to any photograph or live lineup 
identification procedure that is conducted on or after the 
effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.