BILL NUMBER: AB 308 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
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
study and consider adopting 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
, in consultation with 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 , to develop on or before January 1,
2013, guidelines for policies and procedures , 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.
the Department of Justice to report to the Legislature
on or before July 1, 2013, the guidelines developed pursuant to the
provision described above, along with
recommendations of any legislation needed to implement the
guidelines.
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 , or in a juvenile court
proceeding concerning a person who is or may be
adjudged a w a rd of the juvenile court
, 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 806 is added to the Evidence Code, to read:
806. In a criminal action , or in a juvenile court
proceeding if the subject of the proceeding is or may be adjudged a
ward of the juvenile court , 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 indicates
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 study and
consider adopting 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) (1) On or before July 1, 2012,
January 1, 2013, the Department of Justice,
and in consultation with the Commission
on Peace Officers Officer 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 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.
(2) The Department of Justice shall report to the Legislature on
or before July 1, 2013, the guidelines developed pursuant to
paragraph (1) along with recommendations of any legislation needed to
implement the guidelines.