Minnesota Session Laws - 2020, Regular Session

CHAPTER 90--H.F.No. 627

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 626.

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

Section 1.

new text begin [626.8433] 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, 2020, the board, in consultation with stakeholders, shall develop a model policy that articulates best practices in 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 live or photographic lineup be unaware of the suspect's identity, or if that is not practical, the administrator use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness at a given time; 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 be substantially similar to 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, 2021, 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

new text begin Subd. 3. new text end

new text begin Admissibility of evidence not impacted. new text end

new text begin Nothing in this section is intended to preclude the admissibility of any relevant evidence or to affect the standards governing the admissibility of evidence under the United States or Minnesota Constitution. new text end

Presented to the governor May 15, 2020

Signed by the governor May 16, 2020, 11:09 a.m.