PENNSYLVANIA, March 10 - of the identification procedure. An eyewitness description shall

be preserved and provided as part of discovery.

(c) Blind lineup administration.--Subject to the exceptions

in this subsection, a blind lineup shall be conducted. If the

lineup is not blind, the administrator shall state in writing

the reason that a blind lineup was not used. A blind lineup

shall not be required to be conducted if any of the following

apply:

(1) A blind lineup is not practicable under the

circumstances. The administrator shall state in writing the

reasons that a blind lineup is not practicable.

(2) The law enforcement agency employs a single lineup

administrator who conducts each of its lineups, counsel for

the suspect is present at the lineup and the identification

procedure complies with subsections (d), (e), (f), (g), (i)

and (j).

(3) The law enforcement agency audiovisually records the

identification process and the identification procedure

complies with subsections (d), (e), (f), (g), (i) and (j).

(d) Prelineup instructions.--Prior to a live lineup or photo

lineup, the administrator shall apprise the eyewitness of all of

the following:

(1) That the perpetrator may or may not be among the

individuals presented in the identification procedure and

that the eyewitness shall not assume that the administrator

knows who the perpetrator is.

(2) That an individual's appearance can change based on

facial hair, weight or hair color.

(3) That it is just as important to eliminate innocent

individuals as it is to identify potential suspects.

20210SB0328PN0335 - 11 -

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