Art. 252. Definitions

For purposes of this Title:

(1) "Administrator" means the person conducting the photo or live lineup.

(2) "Blind" means conducted in such a way that the administrator does not know the identity of the suspect.

(3) "Blinded" means conducted in such a way that the administrator may know who the suspect is, but does not know which lineup member is being viewed by the eyewitness.

(4) "Criminal justice entity" means any government agency or subunit thereof, or private agency that, through statutory authorization or a legal formal agreement with a governmental unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime.

(5) "Eyewitness" means a person who observes another person at or near the scene of an offense.

(6) "Filler" means either a person or a photograph of a person who is not suspected of an offense but is included in an identification procedure.

(7) "Folder shuffle method" means a blinded procedure in which the suspect photos and nonsuspect or filler photos are each placed in separate folders for a total of six photographs and shuffled together along with four blank folders and handed to the eyewitness one at a time so that the administrator cannot see which photograph the eyewitness is viewing.

(8) "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

(9) "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer or similar device for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

(10) "Suspect" means a person believed by law enforcement to be the possible perpetrator of an offense.

Acts 2018, No. 466, §1, eff. May 23, 2018.