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GA SB94

GA SB94
Criminal Procedure; require a procedure for enhancing witness identification accuracy


summary

Introduced
02/09/2015
In Committee
03/19/2015
Crossed Over
02/26/2015
Passed
04/09/2015
Dead
Signed/Enacted/Adopted
05/06/2015

Introduced Session

2015-2016 Regular Session

Bill Summary

A BILL to be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require a procedure for enhancing witness identification accuracy; to provide for definitions; to provide for written policies relating to witness identification protocol; to provide for policy requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill, concerning criminal procedure in Georgia, aims to enhance the accuracy of witness identifications by requiring law enforcement agencies to adopt written policies for conducting identification procedures like live lineups (where a suspect and others, called "fillers," are shown in person), photo lineups (where photographs are used), and showups (where a witness is shown only one suspect). These policies, which must be in place by July 1, 2016, will mandate specific practices such as having an individual who doesn't know the suspect's identity conduct the lineup, informing the witness that the perpetrator may or may not be present, ensuring fillers generally match the witness's description, using a minimum number of fillers (four for live lineups, five for photo lineups), and documenting the witness's confidence level in their identification. While courts can consider non-compliance with these new rules when a challenge to an identification is made, it will not automatically prevent the identification evidence from being used. The bill also makes minor amendments to definitions related to privacy and surveillance, and clarifies rules around search warrants and the seizure of evidence.

Sponsors (3)

Last Action

Effective Date (on 07/01/2015)

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