Section 2698.23 - DefinitionsAs used in this article, the following definitions shall apply to the following terms:
(a) "Administrator" means the employee administering an identification procedure.(b) "Blind administration" means that the administrator of an identification procedure does not know the identity of the suspect.(c) "Blinded administration" means that the administrator of an identification procedure may know who the suspect is, but because one of the procedures described below is being used, does not know where the suspect, or the suspect's photograph, as applicable, has been placed or positioned in the identification procedure: (1) An automated computer program that prevents the administrator from seeing which photographs the eyewitness is viewing until after the identification procedure is completed.(2) The folder shuffle method, which refers to a system for conducting a photographic lineup by placing a filler photograph in the first folder and numbering that folder, placing each remaining photograph in a separate folder, shuffling those folders, numbering the shuffled folders, and then presenting the folders sequentially to the eyewitness so that the administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed.(3) Any other procedure which achieves neutral administration and prevents the lineup administrator from knowing where the suspect or photograph of the suspect, as applicable, has been placed or positioned in the identification procedure.(d) "Cal-Photo" means the centralized electronic index of driver license and booking photographs maintained by the California Department of Justice and California Department of Motor Vehicles.(e) "Department" means the California Department of Insurance.(f) "Employee" means any employee of the Department.(g) "Eyewitness" means a person whose identification of another person may be relevant in a criminal investigation.(h) "Field show-up" means a procedure in which a suspect is detained shortly after the commission of a crime and who, based on the suspect's appearance, the suspect's distance from the crime scene, or other circumstantial evidence, is suspected of having just committed a crime. In these situations, the victim or an eyewitness is brought to the scene of the detention and is asked if the detainee was the perpetrator.(i) "Filler" means either a person who is not a suspect, or a photograph of a person who is not a suspect, and is included in an identification procedure.(j) "Identification procedure" means either a photographic lineup or a live lineup.(k) "Live lineup" means an identification procedure in which a group of persons, including the suspect and other persons who are not suspects, are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator.(l) "Perpetrator" means a person who committed the crime being investigated.(m) "Photographic lineup" means an identification procedure in which an array of photographs, including a photograph of the suspect and additional photographs of other persons who are not suspects, are displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator.(n) "Six-pack lineup" means a type of photographic lineup wherein six photographs, including a photograph of the suspect and five filler photographs, are randomly arranged, printed on a single sheet of paper, and displayed to an eyewitness for the purpose of determining whether the eyewitness is able to identify the suspect as the perpetrator.(o) "Suspect" means a person who is suspected as a perpetrator of the offense.Cal. Code Regs. Tit. 10, § 2698.23
1. New section filed 5-28-2021; operative 7-1-2021 (Register 2021, No. 22). Note: Authority cited: Section 859.7, Penal Code. Reference: Section 859.7, Penal Code.
1. New section filed 5-28-2021; operative 7/1/2021 (Register 2021, No. 22).