Bill > H4776

This bill establishes comprehensive guidelines for eyewitness identification procedures in South Carolina, creating new standards for photographic lineups, live lineups, and show-ups conducted by law enforcement. The legislation defines key terms like "lineup," "independent administrator," and "show-up" and mandates specific protocols to improve the reliability of eyewitness identifications. These protocols include using an independent administrator who is unaware of the suspect's identity, presenting lineup participants sequentially, ensuring fillers resemble the suspect, and providing clear instructions to witnesses that they are not obligated to make an identification. The bill requires detailed documentation of identification procedures, including video or audio recording when possible, and mandates that witnesses provide a confidence statement in their own words about their identification. For show-ups, which involve presenting a single suspect to a witness, the bill restricts their use to specific circumstances and requires photographing the suspect. The legislation also provides legal remedies for noncompliance, such as allowing courts to consider procedural failures when evaluating the admissibility of identification evidence. Ultimately, the bill aims to reduce the risk of wrongful identifications by implementing scientifically-supported best practices in eyewitness identification procedures.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4776&session=126&summary=B