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
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.