HF 627

as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:27pm

A bill for an act
relating to public safety; requiring law enforcement policies on best practices for
eyewitness identifications; proposing coding for new law in Minnesota Statutes,
chapter 624.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [624.8433] EYEWITNESS IDENTIFICATION POLICIES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Statewide model policy required. new text end

new text begin By November 1, 2019, the board, in
consultation with stakeholders, shall develop a model policy that articulates best practices
for eyewitness identification and promotes uniform practices statewide. The board shall
distribute this model policy to all chief law enforcement officers. At a minimum, the policy
must require that:
new text end

new text begin (1) a person administering a lineup be unaware of the suspect's identity, or if that is not
practical, the person be shielded so as to prevent the person from seeing which lineup
member is being viewed by the eyewitness;
new text end

new text begin (2) before the procedure, the eyewitness be instructed that the perpetrator may or may
not be in the lineup;
new text end

new text begin (3) nonsuspect "fillers" used in the lineup match the eyewitness' description of the
perpetrator; and
new text end

new text begin (4) immediately after an identification is made, the eyewitness provide a statement in
the eyewitness' own words that articulates the level of the eyewitness' confidence in the
identification.
new text end

new text begin Subd. 2. new text end

new text begin Agency policies required. new text end

new text begin By February 1, 2020, the chief law enforcement
officers of every state and local law enforcement agency shall adopt and implement a written
policy on eyewitness identification practices that is identical to or substantially similar to
the model policy developed under subdivision 1.
new text end