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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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