Senate Bill 715 Printer's Number 802
PENNSYLVANIA, June 2 - (b) Description of the perpetrator.--Except as provided
under subsection (h)(1), the eyewitness's description of the
perpetrator and the circumstances under which the eyewitness
observed the perpetrator, in the eyewitness's own words, shall
be obtained and documented immediately prior to a live lineup or
photo lineup, unless a description was recorded or otherwise
documented by law enforcement personnel before the commencement
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
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