Eyewitness identification procedures., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 141

   AN ACT to amend the Indiana Code concerning criminal law and
procedure.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 35-31.5-2-126.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 126.5. "Eyewitness", for purposes
of IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-1.

   SECTION 2. IC 35-31.5-2-127.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 127.3. "Facial recognition
technology", for purposes of IC 35-33-4.5, has the meaning set
forth in IC 35-33-4.5-2.

   SECTION 3. IC 35-31.5-2-132.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 132.3. "Filler", for purposes of
IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-3.

   SECTION 4. IC 35-31.5-2-183, AS AMENDED BY P.L.144-2018,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 183. (a) "Law enforcement agency," for purposes
of receiving information concerning a violation of IC 35-42-3.5-1
through IC 35-42-3.5-1.4 (human trafficking), means:

      (1) an agency or department of:
         (A) the state; or
         (B) a political subdivision of the state;

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      whose principal function is the apprehension of criminal
      offenders; and
      (2) the attorney general.
   (b) "Law enforcement agency", for purposes of IC 35-33-4.5 and
IC 35-47-15, has the meaning set forth in IC 35-47-15-2.
   SECTION 5. IC 35-31.5-2-187.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 187.3. "Lineup", for purposes of
IC 35-33-4.5, has the meaning set forth in IC 35-33-4.5-4.
   SECTION 6. IC 35-31.5-2-187.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 187.4. "Lineup investigator", for
purposes of IC 35-33-4.5, has the meaning set forth in
IC 35-33-4.5-5.
   SECTION 7. IC 35-31.5-2-235.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 235.6. "Photo lineup", for
purposes of IC 35-33-4.5, has the meaning set forth in
IC 35-33-4.5-6.
   SECTION 8. IC 35-33-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
   Chapter 4.5. Eyewitness Identification Procedures
   Sec. 1. As used in this chapter, "eyewitness" means a person
whose identification by sight of another person may be relevant in
a criminal proceeding.
   Sec. 2. As used in this chapter, "facial recognition technology"
means a computer application that uses biometric algorithms to
analyze facial features and is used to assist in the unique personal
identification of individuals in still or video images.
   Sec. 3. As used in this chapter, "filler" means a person or a
photograph of a person who is not suspected of the offense under
investigation and is included in a lineup.
   Sec. 4. As used in this chapter, "lineup" includes a photo lineup.
   Sec. 5. As used in this chapter, "lineup investigator" means the
person who conducts a lineup and who is a current employee of a
law enforcement agency, regardless of the person's primary job
description.
   Sec. 6. As used in this chapter, "photo lineup" means a
procedure in which an array of photographs is displayed to an
eyewitness for the purpose of determining if the eyewitness can
identify the perpetrator of a crime.

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   Sec. 7. (a) Except as provided in subsection (b), a lineup
conducted by a law enforcement agency, or an employee of a law
enforcement agency, shall be conducted in accordance with this
chapter.

   (b) If it is impossible or impracticable to follow the procedures
set forth in this chapter, a law enforcement agency may conduct a
lineup using an alternative procedure approved by the law
enforcement training board.

   (c) Failure to comply with any of the requirements of this
chapter, or, if applicable, an alternative procedure approved by the
law enforcement training board, is admissible to support a claim
of eyewitness misidentification, if the evidence is not otherwise
inadmissible.

   Sec. 8. If facial recognition technology is used to identify a
suspect, a law enforcement agency, or an employee of a law
enforcement agency, may not conduct a lineup unless there is other
evidence, in addition to the use of facial recognition technology, to
support a belief that the suspect committed the crime under
investigation.

   Sec. 9. (a) Except as provided in section 7 of this chapter, a
lineup must be conducted as follows:

      (1) A lineup investigator shall conduct the lineup.
      (2) Only one (1) suspect may be included in the lineup.
      (3) No one may speak to the eyewitness concerning the
      suspect's position in the lineup or regarding anything that
      might influence the eyewitness's identification.
      (4) Each filler in the lineup must generally resemble the
      eyewitness's description of the perpetrator.
      (5) The composition of the lineup must ensure that the suspect
      does not unduly stand out from the fillers.
      (6) The lineup must include at least five (5) fillers who
      resemble, as much as practicable, the eyewitness description
      of the perpetrator in significant features, including any
      unique or unusual features.
      (7) If the eyewitness has previously viewed a lineup in
      connection with the identification of another person suspected
      of involvement in the offense, the fillers in the lineup in which
      the current suspect participates must be different from the
      fillers used in any prior lineups.
      (8) If there are multiple eyewitnesses, the suspect must be
      placed in a different position in the lineup for each eyewitness.
      (9) If the eyewitness makes an identification during the lineup,

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      the lineup investigator shall document any statement from the
      eyewitness as to the eyewitness's confidence level that the
      person identified in the lineup is the perpetrator.
   (b) Before conducting a lineup, the lineup investigator shall
instruct the eyewitness that:
      (1) the perpetrator may or may not be in the lineup;
      (2) the eyewitness is not required to make an identification;
      (3) it is as important to exclude innocent persons as it is to
      identify the perpetrator; and
      (4) the investigation will continue with or without an
      identification.
   Sec. 10. If the eyewitness is presented with a photo lineup, the
photograph of the suspect must be recent and, to the extent
practicable, must resemble the suspect's appearance at the time of
the offense. All procedures set forth in section 9 of this chapter
must also be followed.
   Sec. 11. (a) This section applies to an in person witness
identification procedure in which, shortly after the commission of
a crime:
      (1) a law enforcement officer requests that a witness observe
      an individual in person; and
      (2) the witness is being asked to observe the individual for the
      purpose of determining whether the witness can identify the
      individual as the perpetrator of a crime.
   (b) An in person witness identification described in subsection
(a) shall be recorded by video, unless a law enforcement recording
device is not available to the officer and recording is otherwise not
practicable under the circumstances.
   (c) Failure to comply with the requirements of this section is
admissible to support a claim of eyewitness misidentification, if the
evidence is not otherwise inadmissible.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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