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A BILL TO BE ENTITLED
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AN ACT
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relating to the admissibility in a trial for capital murder of the |
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identification of a suspect in a pre-trial photographic |
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identification procedure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.36, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) In this subsection, "pre-trial photographic |
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identification procedure" means a process by which a witness |
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identifies a suspect through the use of a photograph that is |
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presented to the witness by a peace officer. In a prosecution for |
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capital murder, evidence of the identification of a suspect in a |
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pre-trial photographic identification procedure is inadmissible as |
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unduly suggestive if the procedure: |
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(1) is conducted in the presence of a peace officer who |
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is primarily responsible for conducting the investigation of the |
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capital murder; or |
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(2) consists of presenting to the witness photographs |
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that depict the suspect contemporaneously with photographs that |
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depict other individuals. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a pre-trial photographic identification procedure, as |
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defined by Article 38.36(c), Code of Criminal Procedure, as added |
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by this Act, that takes place on or after the effective date of this |
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Act. |
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(b) A pre-trial photographic identification procedure that |
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took place before the effective date of this Act is covered by the |
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law in effect when the procedure took place, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |