Criminal investigations: eyewitness identification: lineups.

Existing law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop on or before January 1, 2013, guidelines for policies and procedures, as specified, in order to ensure the reliability of eyewitness identifications, as specified. The bill would require the Department of Justice to report to the Legislature on or before July 1, 2013, the guidelines developed pursuant to the provision described above, along with recommendations of any legislation needed to implement the guidelines. Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial in a criminal action, or in a juvenile court proceeding concerning a person who is or may be adjudged a ward of the juvenile court, if the proponent of the evidence establishes relevancy and proper qualifications of the witness.