Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2411

Introduced by Assembly Member Bonta

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(Coauthor: Assembly Member Skinner)

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February 21, 2014

An act to add Section 686.3 to the Penal Code, relating to eyewitness identification.

LEGISLATIVE COUNSEL’S DIGEST

AB 2411, as amended, Bonta. Eyewitness identification: guidelines.

Existing law governs criminal procedure, but does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications.

This bill would require the Attorney General to develop a set of guidelines governing the collection of eyewitness evidence in showups, photo arrays, and live lineups, begin delete as specified, end delete on or before January 1, 2016. The bill would require the Attorney General to develop the guidelines by collecting and reviewing the current best practices to reduce the misidentification of persons in eyewitness lineups that are in use in this state begin delete and in other states end delete begin insert , as specified end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 686.3 is added to the Penal Code, to read:

686.3.  

(a) This section shall be known and may be cited as the
Witness Identification Accuracy Enhancement Act.

(b) On or before January 1, 2016, the Attorney General shall
develop a set of guidelines governing the collection of eyewitness
evidence in showups, photo arrays, and live lineups. begin delete The guidelines
shall include, among other requirements, a requirement that the
administrator of a lineup be a neutral independent administrator,
when feasible, and that a person who is familiar with the identity
of a suspect who is participating in a photographic lineup or
physical lineup shall not be present during the conduct of the
photographic lineup or physical lineup. end delete

(c) The Attorney General shall develop the guidelines described
in subdivision (b) by collecting and reviewing the current best
practices to reduce the misidentification of persons in eyewitness
lineups that are in use in begin delete this state and in other states. end delete begin insert California.
As part of the collection and review, the Attorney General shall
specifically take into account local procedures requiring that
lineup administrators be neutral and independent and procedures
that prohibit a person who is familiar with the identity of a suspect
from being present while the lineup is conducted. end insert