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SB 94 - Amends Certain Law Enforcement Procedures - Georgia Key Vote

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Title: Amends Certain Law Enforcement Procedures

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends certain law enforcement procedures for lineups and recording devices.

Highlights:

  • Requires a law enforcement agency that conducts lineups in determining whether a witness identifies an individual as the perpetrator of an alleged crime to adopt written policies for using such procedures by July 1, 2016 (Sec. 4).
  • Requires a law enforcement agency to follow certain procedures for lineups, including, but not limited to, the following procedures (Sec. 4):
    • The use of an individual who does not know the identity of the suspect to conduct the live lineup;
    • The use of non-suspects in the live or photo lineup that generally resemble the suspect; and
    • The use of at least 4 non-suspects in a live lineup and at least 5 non-suspects in a photo lineup.
  • Authorizes a law enforcement officer to use a device in the performance of his or her official duties  to observe, photograph, videotape, or record the activities of an individual that occur in the presence of the officer, beginning July 1, 2015 (Secs. 2 & 3).
  • Authorizes a police department not to disclose audio or video recordings from devices used by an officer in a place where there is a reasonable expectation of privacy and there is no pending investigation, except for certain reasons, including, but not limited to, the following reasons (Sec. 5):
    • The request for the recording is submitted by a parent or guardian of a minor depicted on the recording;
    • The request for the recording is submitted by a defendant in a criminal case who believes the recording is relevant to his or her case; or
    • The request for the recording is submitted by an appointed representative of a deceased individual’s estate and the deceased is depicted on the recording.

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Title: Amends Certain Law Enforcement Procedures

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