Texas Code of Criminal Procedure

§ 38.20 — PHOTOGRAPH AND LIVE LINEUP IDENTIFICATION PROCEDURES

CR § 38.20Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 38. EVIDENCE IN CRIMINAL ACTIONS

Statute text

Sec. 1. In this article, "institute" means the Bill Blackwood Law Enforcement Management Institute of Texas located at Sam Houston State University. Sec. 2. This article applies only to a law enforcement agency of this state or of a county, municipality, or other political subdivision of this state that employs peace officers who conduct photograph or live lineup identification procedures in the routine performance of the officers' official duties. Sec. 3. (a) Each law enforcement agency shall adopt, implement, and as necessary amend a detailed written policy regarding the administration of photograph and live lineup identification procedures in accordance with this article. A law enforcement agency may adopt:

(1)the model policy adopted under Subsection (b); or

(2)the agency's own policy that, at a minimum, conforms to the requirements of Subsection (c).

(b)The institute, in consultation with large, medium, and small law enforcement agencies and with law enforcement associations, scientific experts in eyewitness memory research, and appropriate organizations engaged in the development of law enforcement policy, shall develop, adopt, and disseminate to all law enforcement agencies in this state a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures. The institute shall provide for a period of public comment before adopting the policy and materials.

(c)The model policy or any other policy adopted by a law enforcement agency under Subsection (a) must:

(1)be based on:

…

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 686 (H.B. 34), Sec. 4, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 686 (H.B. 34), Sec. 5, eff. September 1, 2017.