TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

Chapter 595-C
EYEWITNESS IDENTIFICATION POLICY

Section 595-C:1

    595-C:1 Definitions. –
In this chapter:
I. "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
II. "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
III. "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.

Source. 2018, 347:1, eff. Jan. 1, 2019.

Section 595-C:2

    595-C:2 Written Policy Required. – Each state, county, and local law enforcement agency that conducts photo lineups, live lineups, or show-ups shall adopt a written policy that sets forth the manner in which they shall be conducted. Such policy shall conform to the standards and procedures established by the office of the attorney general and as contained in the latest version of the law enforcement manual pertaining to pretrial identification procedures. Such written policy shall be kept on file and available for inspection by the attorney general.

Source. 2018, 347:1, eff. Jan. 1, 2019.