TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | SB117 by Ellis (Relating to photograph and live lineup identification procedures in criminal cases.), As Introduced |
The bill would add Article 38.20 to Chapter 38, Code of Criminal Procedure, to require the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE), in consultation with state and local law enforcement agencies, to develop, adopt, and disseminate to all state and local law enforcement agencies in the state a model policy and associated training materials regarding administration of photograph and live lineup identification procedures. Each law enforcement agency in the state would be required to adopt a detailed written policy regarding administration of photograph and live lineup identification procedures that conform to requirements established by TCLEOSE. The bill provides minimum requirements that must be included in identification procedures.
TCLEOSE would be required to meet requirements of the bill by March 1, 2010, and law enforcement agencies would be required to meet requirements placed on them by September 1, 2010. However, the bill would apply to any photograph or live lineup identification procedure conducted on or after the effective date of the bill, which would be September 1, 2009.
Based on analysis by the Department of Public Safety and TCLEOSE, any costs to their agencies associated with implementing provisions of the bill could be absorbed within existing resources.
Source Agencies: | 405 Department of Public Safety, 407 Commission on Law Enforcement Officer Standards and Education
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LBB Staff: | JOB, DB, ESi
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