Bill Summary for H 566 (2015-2016)
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO AMEND THE EYEWITNESS IDENTIFICATION REFORM ACT TO CLARIFY THAT THE PROVISIONS OF THE ACT APPLY TO LAW ENFORCEMENT OFFICERS WHO ARE EYEWITNESSES, TO CLARIFY THAT A PHOTO LINEUP IS DIFFERENT FROM A SHOW-UP, AND TO ESTABLISH A PROCEDURE FOR CONDUCTING A SHOW-UP.Intro. by Glazier.
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Bill summary
Amends GS 15A-284.52 as follows. Amends the definition of eyewitness to include a law enforcement officer whose identification by sight of another person may be relevant in a criminal proceeding. Adds and defines the terms show-up and show-up administrator.
Adds to the procedures for lineups that law enforcement must, before the lineup and as soon as possible after the crime, get a complete description of the perpetrator from the eyewitness in the eyewitness's own words. Specifies information that must be included in the statement.
Adds a provision setting out eight requirements that must be met when the state, a county, or other local law enforcement officers conduct a show-up, including that a show‑up only be conducted when a suspect matching the description of the perpetrator is located in close proximity in time and place to the crime and only if there are exigent circumstances that require the immediate display of a suspect to an eyewitness; that the show‑up be performed using a live suspect and not conducted with a photograph; that before the show‑up, and as soon as possible after the crime, law enforcement obtain a complete description of the perpetrator from the eyewitness, in the eyewitness's own words that includes specified information; and that investigators photograph a suspect at the time and place of the show‑up to preserve a record of the appearance of the suspect at the time of the show‑up procedure.
Applies to eyewitness identifications and show-ups conducted on or after August 1, 2015.