Senate Bill 368 Printer's Number 316

PENNSYLVANIA, March 6 - § 8304. Eyewitness identification procedures.

(a) Compliance.--An eyewitness identification procedure

conducted by a law enforcement agency must comply with this

section.

(b) Description of the perpetrator.--

(1) Except as provided under subsection (h)(1), the

eyewitness's description of the perpetrator and the

circumstances under which the eyewitness observed the

perpetrator, in the eyewitness's own words, shall be obtained

and documented immediately prior to a live lineup or photo

lineup, unless a description was recorded or otherwise

documented by law enforcement personnel before the

commencement of the identification procedure.

(2) An eyewitness description shall be preserved and

provided as part of discovery.

(c) Blind lineup administration.--

(1) Subject to the exceptions in this subsection, a

blind lineup shall be conducted.

(2) If a lineup is not blind, the administrator shall

state in writing the reason that a blind lineup was not used.

(3) A blind lineup shall not be required to be conducted

if any of the following apply:

(i) A blind lineup is not practicable under the

circumstances. The administrator shall state in writing

the reasons that a blind lineup is not practicable.

(ii) The law enforcement agency employs a single

lineup administrator who conducts each of its lineups,

counsel for the suspect is present at the lineup and the

identification procedure complies with subsections (d),

(e), (f), (g), (i) and (j).

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