Current through the 2024 Legislative Session
Section 801K-4 - Video record of identification procedures; impracticability; alternative record(a) Unless impracticable, a video record of each identification procedure shall be made that includes the following information: (1) All identification and non-identification results obtained during the identification procedure, signed by each eyewitness;(2) The names of all persons present at the identification procedure, including the name of the administrator and whether the administrator was blind, blinded, or non-blind;(3) If an administrator other than a blind administrator was used, the reason therefor;(4) The date and time of the identification procedure;(5) In a photo lineup or live lineup, any eyewitness identifications of fillers; and(6) In a photo lineup or live lineup, the names of the lineup members and other relevant identifying information, and the sources of all photographs or persons used in the lineup.(b) If a video record of the identification procedure is impracticable, the administrator shall document the reason therefor, and an audio record of the identification procedure shall be made. The audio record shall be supplemented by the following:(1) All of the photographs used in a photo lineup; and(2) Photographs of all of the individuals used in a live lineup or showup.(c) If both a video and audio record of the identification procedure are impracticable, the administrator shall document in writing the reason therefor, and a written record of the identification procedure shall be made. The written record shall be supplemented by the following:(1) All of the photographs used in a photo lineup; and(2) Photographs of all of the individuals used in a live lineup or showup.Added by L 2019, c 281,§ 2, eff. 6/1/2020.