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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Eyewitness Identification |
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Working Group. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.20 to read as follows: |
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Art. 38.20. TEXAS EYEWITNESS IDENTIFICATION WORKING GROUP |
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Sec. 1. CREATION. The Texas Eyewitness Identification |
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Working Group is created. |
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Sec. 2. COMPOSITION. (a) The working group is composed of |
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three members: |
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(1) the executive director of the Commission on Law |
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Enforcement Officer Standards and Education or the director's |
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designee, who must be employed by the commission; |
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(2) the executive director of the Bill Blackwood Law |
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Enforcement Management Institute of Texas at Sam Houston State |
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University or the director's designee, who must be a faculty member |
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at the institute; and |
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(3) the executive director of the Eyewitness |
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Identification Research Laboratory of The University of Texas at El |
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Paso or the director's designee, who must be a faculty member at the |
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laboratory. |
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(b) The working group shall elect a presiding officer from |
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among its members. |
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(c) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the working group. |
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Sec. 3. MODEL COMPREHENSIVE POLICIES AND PROCEDURES; |
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TRAINING MATERIALS. (a) The working group shall develop, adopt, |
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and disseminate to all state and local law enforcement agencies in |
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this state model comprehensive policies and procedures and |
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associated training materials regarding the administration of |
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photograph and live lineup identification procedures. |
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(b) The model policies and procedures must be designed to |
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reduce the potential for erroneous identifications and articulate |
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best practices to enhance the objectivity and reliability of |
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eyewitness identifications. The model policies and procedures must |
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be informed by scientific research on eyewitness memory and |
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address: |
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(1) selecting photograph and live lineup fillers; |
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(2) instructing witnesses before conducting |
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photograph and live lineup identification procedures; |
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(3) documenting photograph and live lineup |
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identification procedures and witness confidence in |
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identifications; and |
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(4) other procedures that will best ensure objective |
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assessments of the memory of witnesses and the ability of witnesses |
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to identify a perpetrator. |
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(c) The model policies and procedures are advisory only. |
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Sec. 4. ADVISORY PANEL. (a) The working group shall |
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consult with an advisory panel to assist in the development of the |
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model policies and procedures and the associated training |
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materials. The advisory panel shall provide guidance and |
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recommendations to the working group, including feedback on draft |
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policies, procedures, and training materials. |
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(b) The advisory panel must include: |
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(1) three police officers with experience in |
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conducting eyewitness identification procedures, nominated by any |
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member of the working group and selected by majority of the working |
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group; |
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(2) three sheriff's deputies with experience in |
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conducting eyewitness identification procedures, nominated by any |
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member of the working group and selected by majority of the working |
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group; |
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(3) a prosecutor designated by the Texas District and |
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County Attorneys Association; |
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(4) an attorney with experience in the practice of |
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criminal law designated by the Texas Criminal Defense Lawyers |
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Association; |
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(5) the president of the Texas Police Chiefs |
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Association or the president's designee; |
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(6) the chief counsel of the West Texas Innocence |
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Project at the Texas Tech University School of Law or the counsel's |
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designee; and |
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(7) the president of the Texas Center for Actual |
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Innocence at The University of Texas School of Law or the |
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president's designee. |
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(c) For purposes of Subsection (b)(1), the police officers |
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must represent departments of different sizes as follows: |
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(1) one representative of a police department of a |
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municipality with a population of 500,000 or more; |
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(2) one representative of a police department of a |
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municipality with a population of 100,000 or more and less than |
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500,000; and |
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(3) one representative of a police department of a |
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municipality with a population of less than 100,000. |
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(d) For purposes of Subsection (b)(2), the sheriff's |
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deputies must represent departments of different sizes as follows: |
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(1) one representative of a sheriff's department of a |
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county with a population of 500,000 or more; |
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(2) one representative of a sheriff's department of a |
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county with a population of 100,000 or more and less than 500,000; |
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and |
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(3) one representative of a sheriff's department of a |
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county with a population of less than 100,000. |
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Sec. 5. CONSTRUCTION OF LAW. This section and the model |
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policies and procedures and the training materials developed and |
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adopted under this article may not be construed as affecting the |
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admissibility of eyewitness identification testimony in the courts |
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of this state or be held to constitute a best practice in civil |
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litigation. |
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Sec. 6. BIENNIAL REVIEW. The working group shall complete a |
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biennial review of the policies, procedures, and training materials |
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developed and adopted under this article and shall modify the |
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policies, procedures, and materials as necessary. |
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SECTION 2. Not later than July 1, 2008, the Texas Eyewitness |
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Identification Working Group shall adopt and distribute to local |
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law enforcement agencies in this state the model comprehensive |
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policies and procedures and the associated training materials |
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required by Article 38.20, Code of Criminal Procedure, as added by |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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