Pennsylvania SB 368: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for notification to department and development of plan of safe care for children under one year of age.

Bill Text

PRINTER'S NO. 316
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 368
Session of
2025
INTRODUCED BY HUGHES, KEARNEY, HAYWOOD, SCHWANK, COSTA AND KANE,
MARCH 6, 2025
REFERRED TO LAW AND JUSTICE, MARCH 6, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for investigations; and
imposing duties on the Pennsylvania State Police and the
Municipal Police Officers' Education and Training Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 83
INVESTIGATIONS
Subchapter
A. Eyewitness Identifications
B. (Reserved)
SUBCHAPTER A
EYEWITNESS IDENTIFICATIONS
Sec.
8301. Scope of subchapter.
8302. Legislative purpose.
8303. Definitions.
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8304. Eyewitness identification procedures.
8305. Jury instructions.
8306. Education and training program.
§ 8301. Scope of subchapter.
This subchapter relates to eyewitness identification
improvement.
§ 8302. Legislative purpose.
The purpose of this subchapter is to help solve crime,
convict the guilty and protect the innocent in criminal
proceedings by improving procedures for eyewitness
identification of suspected perpetrators while ensuring that
police can promptly, safely and effectively investigate crimes.
§ 8303. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrator." The individual who conducts a live lineup
or photo lineup.
"Blind lineup." A lineup where either of the following
occurs:
(1) For a live lineup or photo lineup, the administrator
does not know the identity of the suspect.
(2) For a photo lineup in which the administrator knows
the identity of the suspect, the administrator does not know
which photograph the eyewitness is viewing at a given time.
"Eyewitness." An individual who observes another individual
at or near the scene of a criminal offense.
"Filler." An individual who is not suspected of an offense
and is included in an identification procedure.
"Identification procedure." As follows:
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(1) An investigative procedure in which a law
enforcement official requests an eyewitness to attempt to
identify an individual who perpetrated a criminal offense.
(2) The term includes:
(i) A live lineup.
(ii) A photo lineup.
(iii) A show-up.
"Law enforcement agency." A governmental entity whose
responsibilities include enforcement of criminal laws or the
investigation of suspected criminal activity.
"Law enforcement officer." An officer or other employee of a
law enforcement agency whose personal responsibilities include
enforcement of criminal laws or the investigation of suspected
criminal activity.
"Live lineup." An identification procedure in which several
individuals, including the suspect and fillers, are displayed to
an eyewitness for the purpose of determining whether the
eyewitness identifies the suspect as the perpetrator.
"Photo lineup." An identification procedure in which an
array of photographs, comprising a photograph of the suspect and
photographs of fillers, is displayed to an eyewitness either in
hard copy form or via computer for the purpose of determining
whether the eyewitness identifies the suspect as the
perpetrator.
"Show-up." An identification procedure in which an
eyewitness is presented with a suspect for the purpose of
determining whether the eyewitness identifies the individual as
the perpetrator.
"Suspect." The individual believed by law enforcement
investigators to be the possible perpetrator of the crime.
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§ 8304. Eyewitness identification procedures.
(a) Compliance.--An eyewitness identification procedure
conducted by a law enforcement agency must comply with this
section.
(b) Description of the perpetrator.--
(1) 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.
(2) An eyewitness description shall be preserved and
provided as part of discovery.
(c) Blind lineup administration.--
(1) Subject to the exceptions in this subsection, a
blind lineup shall be conducted.
(2) If a lineup is not blind, the administrator shall
state in writing the reason that a blind lineup was not used.
(3) A blind lineup shall not be required to be conducted
if any of the following apply:
(i) A blind lineup is no