An Act to establish standards for live or photographic lineups conducted by law enforcement.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 23A-22 be amended with a NEW SECTION:
A lineup conducted by any law enforcement agency of this state or any political subdivision thereof must meet the following requirements:
(1) The administrator of a live or photographic lineup shall be unaware of which person in the lineup is the suspected perpetrator of the crime under investigation, or, if that is not reasonably practical, the administrator shall use a photographic lineup that prevents the administrator from seeing which member of the photographic lineup is being viewed by the eyewitness;
(2) Before the lineup is administered, the eyewitness shall be instructed that the perpetrator may or may not be in the lineup;
(3) Any person who is not the suspected perpetrator in the lineup shall be substantially similar to the eyewitness's description of the perpetrator; and
(4) Immediately after an identification is made, the eyewitness shall provide a statement in the eyewitness's own words that articulates the level of the eyewitness's confidence in the identification.
Section 2. That chapter 23A-22 be amended with a NEW SECTION:
Failure to comply with any of the requirements of section 1 of this Act shall be:
(1) Considered by a court in adjudicating a motion to suppress eyewitness identification; and
(2) Admissible in support of a claim of eyewitness misidentification if such evidence is otherwise admissible.
When evidence of compliance or noncompliance with the requirements of section 1 of this Act is presented at trial, the jury shall be instructed that it may consider credible evidence of compliance or noncompliance to determine the reliability of the eyewitness identification.
Section 3. That chapter 23A-22 be amended with a NEW SECTION:
Terms used in sections 1 and 2 of this Act mean:
(1) "Eyewitness," a person whose identification by sight of another person may be relevant in a criminal proceeding;
(2) "Live lineup," a group of people displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime;
(3) "Photographic lineup," an array of photographs displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime.