Colorado Rights Blog

SB15-058: Eyewitness Identifications Policies And Procedures

Criminal Justice | Government Transparency
Bill Number: SB15-058
Year: 2015
ACLU Position: Support
Sponsors: Kagan/Guzman


The bill requires all Colorado law enforcement agencies (law enforcement) to adopt, on or before July 1, 2016, written policies and procedures (policies) relating to eyewitness identifications. The policies must include protocols related to the use of photo arrays, live lineups, and showup identification procedures; instructions for an eyewitness that clearly state that the perpetrator might not be in the lineup; instructions regarding the use of live or photo fillers in a lineup or array; instructions for eyewitnesses that advise the eyewitness that the perpetrator may or may not be in the photo array or live lineup and that the investigation will continue whether or not the eyewitness identifies an alleged perpetrator; and instructions for obtaining a statement from the eyewitness concerning
the eyewitness’ confidence in his or her identification. Law enforcement shall submit the policies to the P.O.S.T. board on or before July 1, 2016.

The policies must be posted on a law enforcement agency web site, if the agency has a web site, and available, without cost, to the public upon request. Subject to available resources, the P.O.S.T. board shall approve professional training programs relating to eyewitness identifications, and the programs may be created, provided, or conducted by any law enforcement agency, the office of the attorney general, the Colorado district attorneys’ council, or any other P.O.S.T-approved training entity. Compliance or failure to comply with written policies is considered relevant evidence in any case involving eyewitness identification.

Current Status:

04/16/2015 - Governor Signed
04/09/2015 - Sent to the Governor
03/26/2015 - Senate Considered House Amendments - Result was to Concur - Repass
03/24/2015 - House Second Reading Passed with Amendments - Floor
02/17/2015 - Introduced In House - Assigned to Judiciary
01/12/2015 - Introduced In Senate - Assigned to Judiciary

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