No. HB 875
Eyewitness Identification; Revises eyewitness identification procedures; requires documentation of eyewitness's description of possible perpetrator of crime; requires officers to have evidence-based reason to include person in lineup; limits use of facial recognition technology in certain circumstances; specifies composition of lineup; limits number of identification procedures that may be conducted as to certain persons; specifies that lineups are preferable to show-ups or first-time-in-court identifications; specifies circumstances in which show-up or in-court identification may be performed; specifies that instructions must be given to eyewitness before any identification procedure; revises such instructions; requires lineup administrator to document any identification or nonidentification in specified manner; requires audio & video recording of identification procedure; provides exception; provides that certain attorneys may be present at identification procedure; specifies permissible conduct of such attorneys during procedure.
Plain English Summary
AI-GENERATEDFlorida law enforcement agencies must now follow detailed rules before showing a witness a lineup, including writing down the witness's initial description and requiring an evidence-based reason to include any suspect.
If facial recognition technology identified the suspect, police need an independent reason to run a lineup. The software match alone is not enough.
Lineups are now preferred over street show-ups, which are limited to emergencies near the crime scene. The same eyewitness and suspect can only go through one identification procedure, ever.
Every identification procedure must be recorded on video or, if that is not possible, audio. Both the defense and prosecution's attorneys may silently watch.
AIIf facial recognition technology identified a suspect, police may not run a lineup based on that match alone. They need a separate, independent basis to believe the suspect committed the crime before including that person in a lineup.
AIBefore a suspect can be placed in any lineup, the officer or agency must already have an evidence-based reason to believe that person committed the crime under investigation, so a lineup can no longer be used as a fishing expedition.
AIOnce an eyewitness has gone through an identification procedure involving a given suspect, that same pairing cannot be tested again through another lineup, photo array, or show-up.
AIShow-ups, meaning presenting a witness with a single suspect, may only be used with a live suspect in exigent circumstances requiring immediate display close to the time and place of the crime. Lineups are otherwise required.
AIA witness may not identify a defendant for the first time in the courtroom unless the prosecutor gives a good reason for skipping an out-of-court identification procedure beforehand.
AIAfter taking part in an identification procedure, an eyewitness may not discuss the procedure or its results with other eyewitnesses in the same investigation, and may not speak to the media about it.
AIBefore any identification procedure, an officer must write down the eyewitness's own description of the perpetrator and the conditions under which the witness observed them, including lighting, distance, and any impairments.
AIEvery identification procedure must be captured on video; if video is not available, an audio recording alone will do. This creates a permanent record of how each identification was conducted.