Eyewitness identification

2025-2026 Bill 4776: Eyewitness identification - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4776
STATUS INFORMATION
General Bill
Sponsors: Reps. Pedalino and C. Mitchell
Document Path: LC-0392CM26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Eyewitness identification
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 107
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 107
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
T
itle 17 of the S.C. Code is amended by adding:

C
HAPTER 14

E
yewitness Identification

S
ection
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.

T
he 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)
The lineup administrator shall seek and document a clear statement from the
eyewitness, at the time of the identification and in the eyewitness' own words,
as to the eyewitness' confidence level that the person identified in each
lineup is the perpetrator. The lineup administrator shall separate all
witnesses to discourage witnesses from conferring with one another before or
during the procedure. Each witness must be given instructions regarding the
identification procedures without other witnesses present.

(
J)
If the eyewitness identifies a person as the perpetrator, the eyewitness shall
not be provided with any information concerning the person before the lineup
administrator obtains the eyewitness' confidence statement about the selection.
No one shall be present during the live lineup or photographic identification
procedures who knows the suspect's identity, except the eyewitness and legal
counsel.

(
K)
Unless it is not practical, a video record of live identification procedures must
be made. If a video recording is not practical, the reasons must be documented,
and an audio recording must be made. If neither a video or audio recording is
practical, the reasons must be documented, and the lineup administrator shall
make a written record of the lineup.

(
L)
Whether video, audio, or in writing, the record shall include:

(
1)
all identification and nonidentification results obtained during the
identification procedure, signed by the eyewitness, including the eyewitness'
confidence statement. If the eyewitness refuses to sign, the lineup
administrator shall note the refusal of the eyewitness to sign the results and
shall also sign the notation;

(
2)
the names of all persons present at the lineup;

(
3)
the date, time, and location of the lineup;

(
4)
the words used by the eyewitness in any identification, including words that
describe the eyewitness's certainty of identification;

(
5)
whether it was a photo lineup or live lineup and how many photographic or
individuals were presented in the lineup;

(
6)
the sources of all photographs or persons used;

(
7)
in a photo lineup, the photographs; and

(
8)
in a live lineup, a photo or other visual recording of the lineup that includes
all persons who participated in the lineup.

(
M)
In lieu of using an independent administrator, a photo lineup eyewitness
identification procedure may be conducted using an alternative method specified
and approved by the South Carolina Law Enforcement Training Council. Any
alternative method must be carefully structured to achieve neutral
administration and to prevent the administrator from knowing which photograph
is being presented to the eyewitness during the identification procedure.
Alternative methods include:

(
1)
automated computer programs that can automatically administer the photographic
lineup directly to an eyewitness and prevent the administrator from seeing
which photo the witness is viewing until after the procedure is completed;

(
2)
a procedure in which photographs are placed in folders, randomly numbered, and
shuffled and then presented to an eyewitness such that the administrator cannot
see or track which photograph is being presented to the witness until after the
procedure is completed; or

(
3)
any other procedures that achieve neutral administration.

(
N)
A show-up conducted by state, county, and other local law enforcement officers:

(
1)
must be conducted only when a suspect matching the description of the
perpetrator is located in close proximity in time and place to the crime, or
there is reasonable belief that the perpetrator has changed his appearance in
close time to the crime, and only if there are circumstances that require the
immediate display of a suspect to an eyewitness; and

(
2)
must be performed only using a live suspect and must not be conducted with a
photograph.

(
O)
Investigators shall photograph a suspect at the time and place of a show-up to
preserve a record of the appearance of the suspect at the time of the show-up
procedure.

(
P) An
investigator shall photograph a juvenile suspect who is ten years of age or
older at the time and place of a show-up if the juvenile is reported to have
committed a crime not eligible for a diversion program. Photographs of
juveniles must be disposed of if an action is not filed against the juvenile or
the juvenile is not convicted of an offense. Photographs taken pursuant to this
subsection are not public record and may be examined only by court order. However,
the following persons may examine them without a court order:

(
1)
the juvenile or the juvenile's attorney;

(
2)
the juvenile's parent or guardian; and

(
3)
the solicitor.

(
Q)
The South Carolina Law Enforcement Training Council shall develop a policy
regarding standard procedures for the conduct of show-ups in accordance with
this section. The policy shall apply to all law enforcement agencies and shall
address the following issues, in addition to the provisions of this section:

(
1)
standard instructions for eyewitnesses;

(
2)
confidence statements by eyewitnesses, including information related to the
eyewitness' vision, the circumstances of the events witnessed, and
communications with other eyewitnesses, if any;

(
3)
training of law enforcement officers specific to conducting show-ups; and

(
4)
any other matters deemed appropriate by the South Carolina Law Enforcement
Training Council.

(
R) The
following remedies are available as consequences of compliance or noncompliance
with the requirements of this section:

(
1)
failure to comply with the requirements of this section must be considered by
the court in adjudicating motions to suppress eyewitness identification;

(
2)
failure to comply with the requirements of this section is admissible in
support of claims of eyewitness misidentification, if the evidence is otherwise
admissible; and

(
3)
when evidence of compliance or noncompliance with the requirements of this
section has been presented at trial, the jury must be instructed that it may
consider credible evidence of compliance or noncompliance to determine the
reliability of eyewitness identifications.

(
S)
Nothing in this section must be construed to require a law enforcement officer
while acting in his official capacity to be required to participate in a
show-up as an eyewitness.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:40 PM