California 2011-2012 Regular Session Status: Passed Assembly

AB 308 — Criminal investigations: eyewitness identification: lineups.

Last action — In committee: Held under submission.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop on or before January 1, 2013, guidelines for policies and procedures, as specified, in order to ensure the reliability of eyewitness identifications, as specified. The bill would require the Department of Justice to report to the Legislature on or before July 1, 2013, the guidelines developed pursuant to the provision described above, along with recommendations of any legislation needed to implement the guidelines. Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial in a criminal action, or in a juvenile court proceeding concerning a person who is or may be adjudged a ward of the juvenile court, if the proponent of the evidence establishes relevancy and proper qualifications of the witness.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5). Re-referred to Com. on APPR.

  4. Referred to Com. on PUB. S.

  5. In Senate. Read first time. To Com. on RLS. for assignment.

  6. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 30. Page 1791.)

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 11. Noes 6.) (May 27).

  10. In committee: Set, first hearing. Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.

  12. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.

  13. In committee: Hearing postponed by committee.

  14. Re-referred to Com. on JUD.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  16. Referred to Coms. on JUD. and PUB. S.

  17. From printer. May be heard in committee March 12.

  18. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Ammiano

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Emmerson — Yea

Official roll call →

AB 308 AMMIANO Assembly Third Reading

Passed 45 Yea · 30 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 442805
Democratic 1000
Total 453005
% of votes cast 56%38%0%6%
How each member voted (80)
Member Party Vote
Hall — Not Voting
Beall — Yea
Block — Yea
Butler — Not Voting
Campos — Not Voting
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Fuentes — Yea
Galgiani — Yea
Garrick — Nay
Gordon — Yea
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Harkey — Nay
Hayashi — Yea
Hueso — Not Voting
Huffman — Yea
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Pan — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
John A. Pérez — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Portantino — Nay
Fletcher — Nay
Hill — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Huber — Nay
Jeffries — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Olsen — Nay
Perea — Yea
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10600
Democratic 1000
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Gatto — Yea
Mitchell — Yea
Hall — Yea
Hill — Yea
Lara — Yea
Campos — Nay
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Harkey — Nay
Norby — Nay
Donnelly — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 308 do?
Existing law does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications. This bill would declare the legislative intent that law enforcement officials study and consider adopting the policies and procedures regulating eyewitness lineup identifications that are recommended by the California Commission on the Fair Administration of Justice in order to ensure that eyewitness identification procedures in California minimize the chance of misidentification of a suspect. This bill would require the Department of Justice, in consultation with the Commission on Peace Officer Standards and Training, local law enforcement agencies, prosecutors, defense attorneys, and other legal experts, to develop on or before January 1, 2013, guidelines for policies and procedures, as specified, in order to ensure the reliability of eyewitness identifications, as specified. The bill would require the Department of Justice to report to the Legislature on or before July 1, 2013, the guidelines developed pursuant to the provision described above, along with recommendations of any legislation needed to implement the guidelines. Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial in a criminal action, or in a juvenile court proceeding concerning a person who is or may be adjudged a ward of the juvenile court, if the proponent of the evidence establishes relevancy and proper qualifications of the witness.
Who sponsors AB 308?
AB 308 is sponsored by Ammiano.
What is the current status of AB 308?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 308?
Track AB 308 free on One Click Politics — get push/email alerts when it moves.

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