BILL NUMBER: AB 308	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 9, 2011

   An act to add Section 806 to the Evidence Code, and to add Section
686.3 to the Penal Code, relating to criminal investigations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 308, as amended, Ammiano. Criminal investigations: eyewitness
identification: lineups.
   Existing law does not regulate how law enforcement officials
prepare or conduct eyewitness photo or live lineup identifications.
   This bill would declare the legislative intent that law
enforcement officials adopt and implement the policies and procedures
regulating eyewitness lineup identifications that are recommended by
the California Commission on the Fair Administration of Justice in
order to ensure that eyewitness identification procedures in
California minimize the chance of misidentification of a suspect.
   This bill would require the Department of Justice and the
Commission on Peace Officer Standards and Training, on or before July
1, 2012, to develop guidelines in consultation with local law
enforcement agencies, prosecutors, defense attorneys, and other legal
experts, as specified, in order to ensure the reliability of
eyewitness identifications, as specified.  The bill would require
all law enforcement agencies to adopt the guidelines by January 1,
2013. 
   Existing law allows opinion testimony from expert witnesses to be
admitted at trial upon specified showings.
   This bill would allow expert testimony regarding the reliability
of an eyewitness identification to be admitted at trial  in a
criminal action,  if the proponent of the evidence establishes
relevancy and proper qualifications of the witness.
   Because this bill requires local agencies to adopt new guidelines,
it would impose a state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 806 is added to the Evidence Code, to read:
   806.   Consistent with existing law   In a
criminal action  , expert testimony may be admitted regarding
factors that affect the reliability of eyewitness identification if
the proponent of the evidence establishes relevancy and proper
qualifications of the witness.
  SEC. 2.  Section 686.3 is added to the Penal Code, to read:
   686.3.  (a) The goal of a law enforcement criminal investigation
is to find and apprehend the person or persons responsible for
committing a crime.
   (b) A comprehensive body of peer-reviewed studies of eyewitness
identification procedures indicate that the criminal justice system
can improve the accuracy of eyewitness identifications by
implementing changes to identification procedures.
   (c) Improving the accuracy of eyewitness identifications will
increase public trust in the criminal justice system.
   (d) Policies and procedures such as those recommended by the
National Institute of Justice and the California Commission on the
Fair Administration of Justice are readily available and have proven
effective in other jurisdictions.
   (e) It is the intent of the Legislature that law enforcement
officials adopt and implement the policies and procedures recommended
by the California Commission on the Fair Administration of Justice
in order to ensure that eyewitness identification procedures in
California minimize the chance of misidentification of a suspect.
   (f) On or before July 1, 2012, the Department of Justice, and the
Commission on Peace Officers Standards and Training, in consultation
with local law enforcement agencies, prosecutors, defense attorneys,
and other legal experts, including representatives of the California
District Attorneys Association, the Los Angeles District Attorney,
the California Public Defenders Association, and the California
Attorneys for Criminal Justice, shall develop guidelines for policies
and procedures with respect to collection and handling of eyewitness
evidence in criminal investigations by all law enforcement agencies
operating in California. These guidelines shall be developed to
ensure reliable and accurate suspect identifications and shall be
consistent with the reliable evidence supporting best practices,
including the recommendations of the California Commission on the
Fair Administration of Justice. All law enforcement agencies shall
adopt the guidelines by  December 31, 2012  
January 1, 2013  .
  SEC. 3.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.