California Penal Code

§ 859.7

PEN § 859.7 Effective Jan 1, 2019Title 3 · Part 2 · Ch. 7

Statute text

(a)All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. The regulations shall be developed to ensure reliable and accurate suspect identifications. In order to ensure reliability and accuracy, the regulations shall comply with, at a minimum, the following requirements:

(1)Prior to conducting the identification procedure, and as close in time to the incident as possible, the eyewitness shall provide the description of the perpetrator of the offense.

(2)The investigator conducting the identification procedure shall use blind administration or blinded administration during the identification procedure.

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Legislative history

Added by Stats. 2018, Ch. 977, Sec. 2. (SB 923) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.