Legislative Update

Eyewitness identification procedures

Filed Under: Criminal

The Senate Corrections and Criminal Law Committee heard SB 141 on eyewitness identification procedures authored by Sen. Brown. The bill specifies a procedure of eyewitness identification lineups.  The procedure is as follows:

  • A lineup administrator must conduct the lineup.
  • Only one (1) suspect may be included in the lineup.
  • No one may speak to the eyewitness about the suspect’s position in the lineup or regarding anything that might influence the eyewitness’s identification.
  • Each filler in the lineup must generally resemble the eyewitness’s description of the perpetrator.
  • The composition of the lineup must ensure that the suspect does not unduly stand out from the fillers.
  • 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.
  • 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 differ from the fillers used in any prior lineups.
  • If there are multiple eyewitnesses, the suspect must be placed in a different position in the lineup for each eyewitness.
  • If the eyewitness makes an identification during the lineup, the lineup administrator must document a clear statement from the eyewitness, in the eyewitness’s own words, as to the eyewitness’s confidence level that the person identified in the lineup is the perpetrator.
  • All lineup participants must be out of view of the eyewitness before the lineup.
  • Any identifying actions, such as speech, gestures, or other movements, must be performed by all lineup participants.
  • 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.

The bill also mandates that failure of law enforcement to follow the statutory lineup procedure may result in suppression of the identification.

The bill was amended by consent to clarify that a photo lineup is included in the definition of a lineup and replaced the term “lineup administrator” with “lineup investigator.” The Indiana Public Defender Council, Americans for Prosperity, Indiana Innocence Project, Notre Dame Law School’s Exoneration Justice Clinic Project, and an exoneree testified in support of the bill.  The Indiana Prosecuting Attorneys Council testified but remained neutral. The amended bill passed 9-0.

Read the bill at https://iga.in.gov/legislative/2025/bills/senate/141