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.
Bill Summaries: H 566 AMEND EYEWITNESS ID/SHOW-UP.
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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.