South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 1178

STATUS INFORMATION

General Bill
Sponsors: Senators Thomas and Hutto
Document Path: l:\council\bills\ms\7259ahb04.doc

Introduced in the Senate on April 20, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Eyewitness Identification of Suspects Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/20/2004  Senate  Introduced and read first time SJ-7
   4/20/2004  Senate  Referred to Committee on Judiciary SJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/20/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 17 SO AS TO ENACT THE "EYEWITNESS IDENTIFICATION OF SUSPECTS ACT", TO ESTABLISH GUIDELINES FOR PHOTOGRAPHIC AND LIVE LINEUPS, TO PROVIDE PROCEDURES FOR THE INVESTIGATOR TO FOLLOW IN PRESENTING LIVE, PHOTO, SIMULTANEOUS PHOTO, SEQUENTIAL PHOTO, SIMULTANEOUS LIVE, AND SEQUENTIAL LIVE LINEUPS, TO PROVIDE INSTRUCTIONS THAT MUST BE GIVEN TO THE WITNESS OF A CRIME AND ENSURE THE WITNESS UNDERSTANDS THE PURPOSE OF THE IDENTIFICATION PROCEDURE IS TO CLEAR THE INNOCENT AND IDENTIFY THE ACTUAL PERPETRATOR, AND TO REQUIRE THE DOCUMENTATION AND RECORDING OF IDENTIFICATION RESULTS IN WRITING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 17 of the 1976 Code is amended by adding:

"CHAPTER 14

Eye Witness Identification of Suspects Act

Section 17-14-10.    This chapter may be cited as the 'Eyewitness Identification of Suspects Act'.

Section 17-14-20.    (A)    For an offense committed after July 1, 2004, the lineup identification procedure must be conducted in accordance with the guidelines provided in this chapter, whether by photographic or live physical lineup.

(B)    A lineup must be conducted in a manner that the suspect does not unduly stand out. The investigator composing the lineup shall:

(1)    include only one suspect in each identification procedure;

(2)    select fillers, nonsuspects, who generally fit the witness' description of the perpetrator. When there is a limited or inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers shall resemble the suspect in significant features;

(3)    include a minimum of five fillers per identification procedure;

(4)    when showing a new suspect, avoid reusing fillers in lineups shown to the same witness;

(5)    consider that complete uniformity of features is not required and avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish him from the fillers; and

(6)    create a consistent appearance between the suspect and fillers with respect to any unique or unusual features, such as scars and tattoos, used to describe the perpetrator by artificially adding or concealing that feature.

(C)    In addition to the requirements of subsection (B), a photo lineup must be conducted in a manner that the suspect does not unduly stand out. The investigator composing the photo lineup shall:

(1)    if multiple photos of the suspect are reasonably available to the investigator, select a photo that resembles the suspect's description or appearance at the time of the incident;

(2)    consider placing the suspect in different positions in each lineup, both across cases and with multiple witnesses in the same case, and position the suspect randomly in the lineup;

(3)    ensure that no writing or information concerning a previous arrest is visible to the witness;

(4)    view the spread, once completed, to ensure that the suspect does not unduly stand out; and

(5)    preserve the presentation order of the lineup and preserve the photos themselves in their original condition.

(D)    In addition to the requirements of subsection (B), a live lineup must be conducted in a manner that the suspect does not unduly stand out. The investigator composing the live lineup shall consider placing the suspect in different positions in each lineup, both across cases and with multiple witnesses in the same case, and position the suspect randomly unless, where local practice allows, the suspect or his attorney requests a particular position.

(E)    Before presenting a lineup, the investigator shall provide instructions to the witness to ensure the witness understands that the purpose of the identification procedure is to clear the innocent as well as to identify the actual perpetrator. The investigator shall:

(1)    instruct the witness that he will be asked to view either a set of photographs or a group of individuals;

(2)    instruct the witness that it is just as important to clear the innocent persons from suspicion as to identify guilty parties;

(3)    instruct the witness that individuals depicted in the lineup may not appear exactly as they did on the date of the incident because features such as head and hair are subject to change;

(4)    instruct the witness that the actual perpetrator of the crime may or may not be present in the lineup;

(5)    assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident; and

(6)    instruct the witness that the procedure requires the investigator to ask the witness to state, in his own words, how certain he is of any identification.

(F)    The investigator shall conduct all lineups in a manner conducive to obtaining accurate identification or nonidentification decisions. The investigator shall:

(1)    provide viewing instructions to the witness as outlined in subsection (E);

(2)    avoid saying anything to the witness that may influence the witness' selection;

(3)    if an identification is made, avoid reporting to the witness any information regarding the individual he has selected prior to obtaining the witness' statement of certainty;

(4)    record identification results and the witness' statement of certainty pursuant to the provisions of subsection (K);

(5)    document the lineup procedures in writing, including:

(a)    identification information and sources of all lineup photos or participants;

(b)    the names of all persons present at the lineup; and

(c)    the date and time of the identification procedure; and

(6)    instruct the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media.

(G)    In addition to the requirements of subsection (F), a simultaneous photo lineup must be presented in a manner conducive to obtaining accurate identification or nonidentification decisions. The investigator presenting the simultaneous photo lineup shall confirm that the witness understands the nature of the lineup.

(H)    In addition to the requirements of subsection (F), a sequential photo lineup must be presented in a manner conducive to obtaining accurate identification or nonidentification decisions. The investigator presenting the sequential photo lineup shall:

(1)    provide the following additional viewing instructions to the witness:

(a)    individual photographs will be viewed one at a time;

(b)    photos are in random order;

(c)    take as much time as needed in making a decision about each photo before moving to the next one; and

(d)    all photos will be shown, even if an identification is made, or the procedure will be stopped at the point of identification consistent with jurisdictional and departmental procedures;

(2)    confirm the witness understands the nature of the sequential procedure; and

(3)    present each photo to the witness separately, in a previously determined order, removing those previously shown.

(I)    In addition to the requirements of subsection (F), a simultaneous live lineup must be presented in a manner conducive to obtaining accurate identification or nonidentification decisions. The investigator presenting the simultaneous live lineup shall:

(1)    instruct those present at the lineup not to suggest in any way the position or identity of the suspect in the lineup;

(2)    ensure that any identification actions, such as speaking and moving, are performed by all members of the lineup; and

(3)    document the lineup by photo or video which must be of a quality that represents the lineup clearly and fairly.

(J)    In addition to the requirements of subsection (F), a sequential live lineup must be presented in a manner conducive to obtaining accurate identification or nonidentification decisions. The investigator presenting the sequential live lineup shall:

(1)    provide the following additional viewing instructions to the witness:

(a)    individuals will be viewed one at a time;

(b)    individuals will be presented in a random order;

(c)    take as much time as needed in making a decision about each individual before moving to the next one;

(d)    if the actual perpetrator of the crime is present, identify him; and

(e)    all individuals will be presented, even if an identification is made, or the procedure will be stopped at the point of identification consistent with jurisdictional and departmental procedures;

(2)    begin with all lineup participants out of the view of the witness;

(3)    instruct those present at the lineup not to suggest in any way the position or identity of the suspect in the lineup;

(4)    present each individual to the witness separately, in a previously determined order, removing those previously shown;

(5)    ensure that any identification actions, such as speaking and moving, are performed by all members of the lineup; and

(6)    document the lineup by photo or video which must be of a quality that represents the lineup clearly and fairly. Photo documentation can be of either a group or individual.

(K)    When conducting an identification procedure, the investigator shall preserve the outcome of the procedure by documenting any identification or nonidentification results obtained from the witness. The investigator shall:

(1)    record both identification and nonidentification results in writing, including the witness' own words regarding how sure he is;

(2)    ensure results are signed and dated by the witness;

(3)    ensure that no materials indicating previous identification results are available to the witness; and

(4)    ensure the witness does not write on or mark any materials that will be used in other identification procedures."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, December 7, 2009 at 10:22 A.M.