Beginning October 1, 2021, each law enforcement agency that uses
a showup shall collect for each showup the date the technique was used, the gender and race of the suspect, and whether the technique lead to
identification of the suspect. Each law enforcement agency shall create an annual report of the data collected.
The bill prohibits a court from admitting evidence of a showup
identification unless the court finds that the showup was conducted pursuant to the statutory requirements and the court determines:
•
The showup was necessary because the peace officer lacked probable cause that permitted an arrest that would have allowed for the use of a lineup or photo array; or
•
Exigent circumstances required an immediate identification procedure.
The bill creates requirements and conditions that must be followed
when a showup is conducted.
