| SB 0021 | Modifies various aspects of the criminal justice system |
| Sponsor: | Bland | |||
| LR Number: | 0154S.04I | Fiscal Note: | 0154-04 | |
| Committee: | Judiciary and Civil & Criminal Jurisprudence | |||
| Last Action: | 03/31/03 - Hearing Conducted S Judiciary & Civil & Criminal | Journal page: | ||
| Jurisprudence Committee | ||||
| Title: | ||||
| Effective Date: | August 28, 2003 | |||
SB 21 - This act makes several revisions to the criminal justice system.
This act provides that by September 1, 2003, 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. This act provides extensive instructions on conducting a lineup, photo identification and other procedures.
This act requires a jury instruction be developed that considers that the clarity and detail of the initial description of the perpetrator and the speed of recognition at the initial nonsuspect witness are the most reliable indicators of trustworthiness of an identification. However, it is for the finder of fact to determine the reliability of the identification. No violation of eyewitness protocol shall be the basis to exclude the testimony, but may warrant a jury instruction.
The act provides that if a "jail-house snitch" witnessed an incriminating admission by a defendant while incarcerated, such testimony shall be considered unreliable and inadmissible unless the witness signs a written statement answering a number of questions. The witness will be registered with the MULES system or with the Office of Prosecution Services that he or she testified as a "jail-house snitch" witness.
The act creates a Laboratory Oversight Committee which will provide independent review of state 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 non-traffic misdemeanor to be allocated to the Committee.
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.
This act also allows every defendant convicted of a felony may make a motion before the trial court for testing DNA on the defendant and other evidence used in the trial. The defendant shall present a prima face case that identity was a contested issue in the trial.
This act is similar to SB 1252 (2002).
SARAH MORROW