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. Enacted August 11, 2015. The standards to be adopted by the NC Criminal Justice Education and Training Standards Commission as enacted in Section 1 shall be adopted by August 1, 2016, and be applicable on that date. The remainder is effective December 1, 2015.
AMEND EYEWITNESS ID/SHOW-UP.
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View NCGA Bill Details(link is external) | 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.
Bill History:
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Thu, 2 Apr 2015 House: Filed(link is external)
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Mon, 6 Apr 2015 House: Passed 1st Reading(link is external)
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Mon, 27 Apr 2015 House: Reptd Fav Com Substitute(link is external)
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Mon, 27 Apr 2015 House: Withdrawn From Com(link is external)
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Mon, 27 Apr 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 28 Apr 2015 House: Placed On Cal For 04/29/2015(link is external)
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Thu, 30 Apr 2015 House: Amend Adopted A1(link is external)
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Thu, 30 Apr 2015 House: Passed 2nd Reading(link is external)
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Thu, 30 Apr 2015 House: Passed 3rd Reading(link is external)
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Thu, 30 Apr 2015 House: Ordered Engrossed(link is external)
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Thu, 30 Apr 2015 House: Regular Message Sent To Senate(link is external)
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Thu, 30 Apr 2015 Senate: Regular Message Received From House(link is external)
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Thu, 30 Apr 2015 Senate: Passed 1st Reading(link is external)
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Tue, 5 May 2015 Senate: Withdrawn From Com(link is external)
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Tue, 5 May 2015 Senate: Re-ref Com On Judiciary I(link is external)
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Tue, 21 Jul 2015 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 21 Jul 2015 Senate: Com Substitute Adopted(link is external)
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Wed, 22 Jul 2015 Senate: Withdrawn From Cal(link is external)
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Wed, 22 Jul 2015 Senate: Placed On Cal For 07/29/2015(link is external)
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Wed, 29 Jul 2015 Senate: Passed 2nd Reading(link is external)
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Wed, 29 Jul 2015 Senate: Passed 3rd Reading(link is external)
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Thu, 30 Jul 2015 Senate: Regular Message Sent To House(link is external)
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Mon, 3 Aug 2015 House: Cal Pursuant 36(b)(link is external)
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Mon, 3 Aug 2015 House: Added to Calendar(link is external)
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Mon, 3 Aug 2015 House: Concurred In S/Com Sub(link is external)
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Mon, 3 Aug 2015 House: Ordered Enrolled(link is external)
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Tue, 4 Aug 2015 Ratified(link is external)
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Wed, 5 Aug 2015 Pres. To Gov. 8/5/2015(link is external)
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Tue, 11 Aug 2015 Signed by Gov. 8/11/2015(link is external)
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Tue, 11 Aug 2015 Ch. SL 2015-212(link is external)
Bill Summaries:
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Bill H 566 (2015-2016)Summary date: Aug 12 2015 - View Summary
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Bill H 566 (2015-2016)Summary date: Jul 21 2015 - View Summary
Senate committee substitute makes the following changes to the 3rd edition.
Deletes language in proposed GS 15A-284.52, which provided that a law enforcement officer could not be required to participate in a lineup as an eyewitness while acting in his or her official capacity.
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Bill H 566 (2015-2016)Summary date: Apr 30 2015 - View Summary
House amendment makes a technical correction to the 2nd edition.
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Bill H 566 (2015-2016)Summary date: Apr 27 2015 - View Summary
House committee substitute makes the following changes to the 1st edition:
Amends GS 15A-284.52 as follows: Deletes the proposed term Show-up administrator and its definition. Deletes proposed subdivision (b)(1), which required, before the lineup and as soon as possible after the crime, to get a complete description of the perpetrator from the eyewitness in the eyewitness's own words. Provides that a show-up can only be conducted when a suspect matching the description of the perpetrator is located in close proximity in time and place to the crime (previously, stated a show-up must be conducted when such a suspect is located nearby as specified). Also adds language allowing a show-up if there is a reasonable belief that the perpetrator has changed his or her appearance in close time to the crime. Deletes (cl)(3) through (7) of the previously set out eight requirements that must be met when the state, a county, or other local law enforcement officers conduct a show-up. Enacts new subsection (c2), requiring the NC Criminal Justice Education and Training Standards Commission to develop a policy regarding standard procedures for show-ups. The policy will apply to all law enforcement agencies and must address the following: (1) standard instructions for eyewitness, (2) confidence statements by the eyewitness, (3) training of law enforcement officers specific to conducting show-ups, and (4) any other matters deemed appropriate by the Commission. Adds provision clarifying that nothing in this statute can be construed to require a law enforcement officer to be required to participate in a lineup or show-up as an eyewitness.
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Bill H 566 (2015-2016)Summary date: Apr 6 2015 - View 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.
House committee substitute to the 1st edition changed the long title. Original long title was 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 PROVIDE THE PROCEDURE FOR CONDUCTING A SHOW-UP.