22-4619. Eyewitness procedures; law enforcement policies, requirements; available to public.
(a) All law enforcement agencies in this state shall adopt a detailed, written policy relating to the procedures to be employed when a citizen is asked to identify a person in the context of a criminal investigation.
(b) All law enforcement agencies in this state shall collaborate with the county or district attorney in the appropriate jurisdiction to adopt written policies regarding eyewitness procedures. Such policies shall be made available to all officers of such agency.
(c) Policies adopted pursuant to this section shall be implemented by all Kansas law enforcement agencies within two years after the effective date of this act. Such policies shall be available for public inspection during normal business hours.
(d) The policies adopted pursuant to this section shall include, but not be limited to, identifying the procedures the law enforcement agency should employ when asking a citizen to identify a person in the context of a criminal investigation. The procedures should include:
(1) Use of blind and blinded procedures;
(2) instructions to the witness that the perpetrator may or may not be present;
(3) use of non-suspect fillers who are reasonably similar to the perpetrator and do not make the suspect stand out; and
(4) after an identification is made by the witness, eliciting a confidence statement, in the witness’s own words, regarding the level of certainty in the selection.
History: L. 2016, ch. 87, § 2; July 1.