Chapter 165

2010 -- H 7570 SUBSTITUTE A

Enacted 06/25/10

 

A N A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF CRIMINALS

          

     Introduced By: Representatives Ajello, Lally, JP O`Neill, M Rice, and Williams

     Date Introduced: February 24, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension

of Criminals" is hereby amended by adding thereto the following section:

 

     12-1-16. Improvement of lineup procedures task force. (a) In order to: (1) Prevent

the injustice of a wrongful conviction caused by mistaken eyewitness identification; (2) Improve

lineup procedures during criminal investigations; and (3) Further improve the already high quality

of criminal justice in our state, the general assembly creates a taskforce to identify and

recommend policies and procedures to improve the accuracy of eyewitness identifications.

     (b) The task force shall be comprised of the following or their designees:

     (1) Attorney general;

     (2) Public defender;

     (3) Superintendent of the Rhode Island state police;

     (4) President of the Rhode Island police chiefs' association;

     (5) Head of the municipal police training academy;

     (6) President of the Rhode Island bar association;

     (7) President of the Rhode Island association of criminal defense lawyers;

     (8) A representative from a Rhode Island university with expertise in the relevant social

sciences as demonstrated by teaching, publication and other scholarly applications; and

     (9) Executive director of the Rhode Island commission for human rights.

     (c) The task force, in consultation with eyewitness identification practitioners and

experts, shall develop guidelines for policies, procedures and training with respect to the

collection and handling of eyewitness evidence in criminal investigations by law enforcement

agencies in Rhode Island. The purpose of the guidelines is to provide law enforcement agencies

with information regarding policies and procedures proven to increase the accuracy of the crime

investigation process, thus also reducing the possibility of wrongful convictions.

     (d) Guidelines for policies, procedures and training that may be considered and

recommended by the task force include, but are not limited to:

     (1) Use of blind administration of lineups;

     (2) Specific instructions to be given to the eyewitness before and during the lineup to

increase the accuracy of any identification, including that the purpose of the identification

procedure is to exculpate the innocent as well as to identify the actual perpetrator;

     (3) Number and selection of fillers to be in lineups;

     (4) Use of sequential lineups versus nonsequential lineups;

     (5) Inclusion of only one suspect in any lineup;

     (6) Value of refraining from providing any confirmatory information to the eyewitness;

     (7) Standards and protocols to be used in the administration and conduct of an

identification procedure;

     (8) Training, if any, should be made available to law enforcement personnel in the use of

these procedures; and

     (9) Taking a confidence statement from the person viewing the lineup.

      (e) The task force shall submit a report on the guidelines developed and

recommendations concerning their use. Minority reports may also be issued. These reports shall

be presented to the governor, the chief justice of the Rhode Island supreme court, the speaker of

the house of representatives, the president of the senate, and the chairpersons of the judiciary

committees of both the house of representatives and the senate no later than January 1, 2011. The

task force shall terminate on the date that it submits its report.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00882/SUB A

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