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A BILL TO BE ENTITLED
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AN ACT
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relating to jury instructions regarding eyewitness identification |
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testimony in certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(a), Article 38.20, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Each law enforcement agency shall adopt, implement, |
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require the agency's peace officers to comply with, and as |
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necessary amend a detailed written policy regarding the |
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administration of photograph and live lineup identification |
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procedures in accordance with this article. A law enforcement |
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agency may adopt: |
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(1) the model policy adopted under Subsection (b); or |
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(2) the agency's own policy that, at a minimum, |
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conforms to the requirements of Subsection (c). |
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SECTION 2. Chapter 36, Code of Criminal Procedure, is |
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amended by adding Article 36.145 to read as follows: |
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Art. 36.145. STATEMENT REGARDING EYEWITNESS IDENTIFICATION |
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TESTIMONY. During the trial of a case in which the identity of the |
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perpetrator is a contested issue and an eyewitness identifies the |
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defendant as the perpetrator, the judge shall include in the |
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court's charge under Article 36.14 a statement that, in considering |
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the reliability of the eyewitness's testimony, the jury may |
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consider the facts and circumstances surrounding: |
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(1) the eyewitness's opportunity to observe the |
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perpetrator at the time or times about which the eyewitness |
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testified; and |
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(2) the eyewitness's out-of-court identification of |
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the defendant, including whether the out-of-court identification |
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procedure was conducted for the eyewitness by a law enforcement |
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agency in compliance with the agency's policy adopted as required |
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under Article 38.20. |
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SECTION 3. Article 36.145, Code of Criminal Procedure, as |
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added by this Act, applies only to a criminal case in which the voir |
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dire examination begins on or after the effective date of this Act. |
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A criminal case in which the voir dire examination begins before the |
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effective date of this Act is governed by the law in effect when the |
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examination begins, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |