Amend Title 17.  Relating to criminal procedure so as to require a procedure for enhancing eyewitness identification accuracy.  Eyewitness Identification Accuracy Enhancement Act.  Prior to 01/01/2008 the Georgia Peach Officer Standards and Training Council shall develop and disseminate to all law enforcement jurisdictions comprehensive polices, procedures, and training materials regarding photo lineup and live lineup eyewitness identification procedures.  Composition of photo lineups and live lineups shall meet the following requirements: at least five fillers in a photo lineup in addition to the suspect and at least 4 fillers in addition to the suspect in live lineups; only one member of a photo or live lineup shall be a suspect, all fillers shall fit the description of the suspect; in photo lineups, the suspect�s photo should resemble his or her appearance at the time of the crime and not unduly stand out; fillers in subsequent line ups related to the same investigation shall be different than any previous fillers; in a photo lineup no information concerning previous arrest etc. of the suspect shall be made known to the witness; in a live lineup, any identifying actions shall be performed by all participants; and in a live lineup, witnesses shall not be exposed to the members of the lineup before the procedure begins. 

A neutral, blind administrator should be used whenever possible.  When it is not feasible to have a neutral blind administrator, a photo lineup may be conducted using an alternative method which may include automated computer programs; a procedure in which photos are placed in folders, randomly numbered, and shuffled and then presented; or others that achieve neutral blind administration.

Live and photo lineup eyewitness identification procedures shall be presented using a sequential method (one at a time, not simultaneously); the administrator shall not comment or give feedback; if there are multiple eyewitnesses, witnesses shall be presented with the identification procedure separately; and under not circumstances shall a sequential presentation be used unless the procedure complies with neutral blind administration.

Prior to line up the administrator shall instruct the witness that the perp may or may not be among those shown; witness should not feel compelled to make and ID; administrator is not aware of which person is the suspect; the witness will view the suspects in sequential order; and the witness will be presented with the complete lineup, even if the witness makes and ID in the middle of the procedure.  

Each eyewitness shall be given a copy of the lineup instructions and sign a form stating that they received, reviewed, and understand the instructions prior to the ID procedure. Eyewitness responses shall be documented; if the witness makes an ID, after the lineup has been presented the administrator shall ask the witness to state how confident he or she is that the person identified is the perp.  If no electronic copy is mae, the witness will be asked to review and sign the written record of responses.  Failure to strictly comply with the provisions of this chapter shall not, in and of itself, preclude testimony and evidence related to eyewitness identification being admissible into evidence.