SB 1252 - This act provides that by September 1, 2002, the P.O.S.T. program incorporate into their training programs a standard protocol for interviewing witnesses when the identity of the suspect is unknown and for composing and conducting photo and line-up identifications. In any case in which the protocol was not followed, after March 1, 2003, the finder of fact in a trial shall be given an instruction that eyewitness evidence may be influenced by a number of factors and that subsequent improperly supervised exposure to an individual with similar characteristics to the perpetrator has resulted in the adoption by a witness of that individual as the suspect.

The act provides that if a witness for the state witnessed an incriminating admission by a defendant while the witness was also incarcerated, and is not a co-defendant, such testimony shall be considered unreliable and inadmissible unless the witness passes a two-step review process. First, a review panel of three prosecutors shall determine whether the testimony is sufficiently corroborated to ensure reliability. Second, the judge shall determine in a pre-trial proceeding whether the testimony shall be admitted.

The act creates a Laboratory Oversight Committee which will provide independent review of laboratory operations and analysis. The Committee shall have the authority to appoint an ombudsman, issue reprimands and probations and establish rules for laboratory personnel. A fee of $1.00 shall be assessed on each felony and finding of guilt to be allocated to the Committee.

The act provides that the Director of Public Safety shall promulgate a standard compensation level for Missouri law enforcement officers which shall differentiate between rural and urban pay standards and between new officers and those with experience.

The act provides that the Director of Public Safety shall require all chief law enforcement officer to maintain a monthly report of arrested individuals with information regarding name, gender, age, race, name of arresting officer and whether the charge was submitted to the prosecuting attorney. The names and other personal identifiers shall not be a public record, unless they otherwise qualify.

The act provides that if a prosecutor dismisses a charge or nolle prosequi a complaint, he or she, upon request, shall enter a finding that the individual who was charged is either legally innocent or actually innocent, or enter no finding at all.

The act abolishes the rule of negative inferences as it pertains to criminal cases, and allows evidence as to whether tests were conducted which could include or exclude a defendant as the perpetrator.
ERIC ROSENKOETTER