The bill H. 4776 aims to amend the South Carolina Code of Laws by adding Chapter 14 to Title 17, which establishes comprehensive guidelines for conducting eyewitness identifications during photographic and live lineups, as well as show-ups. Key definitions are provided, including terms such as "eyewitness," "filler," "independent administrator," and "lineup." The bill mandates that lineups must be conducted by an independent administrator, with specific procedures for presenting individuals or photographs sequentially to witnesses. Eyewitnesses must receive clear instructions prior to the lineup, and their acknowledgment of these instructions must be documented. Additionally, the bill outlines requirements for the composition of lineups, including the necessity for fillers to resemble the eyewitness's description of the perpetrator and the need for multiple fillers in both photographic and live lineups.
Furthermore, the bill stipulates that show-ups must only occur under certain conditions, such as when a suspect is located near the crime scene shortly after the offense. It also includes provisions for documenting the appearance of suspects during show-ups, particularly for juvenile suspects, and establishes that photographs of juveniles must be disposed of if no action is filed against them. The South Carolina Law Enforcement Training Council is tasked with developing policies for conducting show-ups, and the bill specifies that compliance or noncompliance with these guidelines can be considered in court when evaluating the reliability of eyewitness identifications. The act will take effect upon approval by the Governor.