SF 1256

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/14/2020 07:37am

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 626.

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

Section 1.

[626.8433] EYEWITNESS IDENTIFICATION POLICIES REQUIRED.

Subdivision 1.

Statewide model policy required.

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:

(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;

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

(3) nonsuspect "fillers" used in the lineup be substantially similar to the eyewitness'
description of the perpetrator; and

(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.

Subd. 2.

Agency policies required.

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.

Subd. 3.

Admissibility of evidence not impacted.

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 Constitution or Minnesota Constitution.