South Carolina H 4776: White Knoll football Coach of the Year Nick Pelham
Status: Introduced and adopted (as of 2024-01-10)
State: South Carolina · Session: 2023-2024 · Bill: H 4776
Sponsors: A.M. Morgan, Alexander, Anderson, Atkinson, B. Newton, B.J. Cox, B.L. Cox, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley
Bill Text
2025-2026 Bill 4776 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 4776 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA Code of Laws BY ADDING CHAPTER 14 TO TITLE 17 SO AS TO ESTABLISH GUIDELINES FOR EYEWITNESS IDENTIFICATIONS AT PHOTOGRAPHIC AND LIVE LINEUPS, AND SHOW-UPS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Title 17 of the S.C. Code is amended by adding: CHAPTER 14 Eyewitness Identification Section 17-14-1410. (A) As contained in this article: (1) "Eyewitness" means a person, including a law enforcement officer, whose identification by sight of another person may be relevant in a criminal proceeding. (2) "Filler" means a person or a photograph of a person who is not suspected of an offense and is included in a lineup. (3) "Independent administrator" means a lineup administrator who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect. (4) "Lineup" means a photo lineup or live lineup. (5) "Lineup administrator" means a person who conducts a lineup. (6) "Live lineup" means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining whether the eyewitness can identify the perpetrator of a crime. (7) "Photographic 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. (8) "Show-up" means a procedure in which an eyewitness is presented with a single live suspect for the purpose of determining whether the eyewitness can identify the perpetrator of a crime. (B) Lineups conducted by state, county, and other local law enforcement officers: (1) must be conducted by an independent administrator or by an alternative method as provided by subsection (N); (2) must have individuals or photos presented to witnesses sequentially, with each individual or photo presented to the witness separately, in a previously determined order, and removed after it is viewed before the next individual or photo is presented; and (3) must ensure, before a lineup, the eyewitness is instructed that: (a) the perpetrator of the crime might or might not be presented in the lineup; (b) the lineup administrator does not know the suspect's identity; (c) the eyewitness should not feel compelled to make an identification; (d) it is as important to exclude innocent persons as it is to identify the perpetrator; and (e) the investigation will continue whether or not an identification is made. The eyewitness shall acknowledge receipt of the instructions in writing. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement. (C) In a photographic lineup, the photograph of the suspect must be contemporary and, to the extent practicable, shall resemble the suspect's appearance at the time of the offense. (D) The lineup must be composed so that the fillers generally resemble the eyewitness' description of the perpetrator, while ensuring the suspect does not unduly stand out from the fillers. In addition: (1) all fillers selected shall resemble, as much as practicable, the eyewitness' description of the perpetrator in significant features, including any unique or unusual features; (2) at least five fillers must be included in a photographic lineup, in addition to the suspect; (3) at least five fillers must be included in a live lineup, in addition to the suspect; (4) if the eyewitness previously has viewed a photographic lineup or live 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. (E) If there are multiple eyewitnesses, the suspect must be placed in a different position in the lineup or photo array for each eyewitness. (F) In a lineup, no writings or information concerning any previous arrest, indictment, or conviction of the suspect must be visible or made known to the eyewitness. (G) In a live lineup: (1) any identifying actions, such as speech, gestures, or other movements, must be performed by all lineup participants; (2) all lineup participants must be out of view of the eyewitness prior to the lineup; and (3) only one suspect must be included in a lineup. (H) Nothing must be said to the eyewitness regarding the suspect's position in the lineup or regarding anything that might influence the eyewitness' identification. (I
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