Bill Text: TX SB889 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to jury instructions regarding eyewitness identification testimony in certain criminal cases.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-03-04 - Referred to Criminal Justice [SB889 Detail]

Download: Texas-2015-SB889-Introduced.html
  84R2892 KJE-F
 
  By: Hinojosa, Ellis S.B. No. 889
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to jury instructions regarding eyewitness identification
  testimony in certain criminal cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3(a), Article 38.20, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Each law enforcement agency shall adopt, implement,
  require the agency's peace officers to comply with, and as
  necessary amend a detailed written policy regarding the
  administration of photograph and live lineup identification
  procedures in accordance with this article.  A law enforcement
  agency may adopt:
               (1)  the model policy adopted under Subsection (b); or
               (2)  the agency's own policy that, at a minimum,
  conforms to the requirements of Subsection (c).
         SECTION 2.  Chapter 36, Code of Criminal Procedure, is
  amended by adding Article 36.145 to read as follows:
         Art. 36.145.  STATEMENT REGARDING EYEWITNESS IDENTIFICATION
  TESTIMONY. During the trial of a case in which the identity of the
  perpetrator is a contested issue and an eyewitness identifies the
  defendant as the perpetrator, the judge shall include in the
  court's charge under Article 36.14 a statement that, in considering
  the reliability of the eyewitness's testimony, the jury may
  consider the facts and circumstances surrounding:
               (1)  the eyewitness's opportunity to observe the
  perpetrator at the time or times about which the eyewitness
  testified; and
               (2)  the eyewitness's out-of-court identification of
  the defendant, including whether the out-of-court identification
  procedure was conducted for the eyewitness by a law enforcement
  agency in compliance with the agency's policy adopted as required
  under Article 38.20.
         SECTION 3.  Article 36.145, Code of Criminal Procedure, as
  added by this Act, applies only to a criminal case in which the voir
  dire examination begins on or after the effective date of this Act.
  A criminal case in which the voir dire examination begins before the
  effective date of this Act is governed by the law in effect when the
  examination begins, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2015.
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