California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 9 - Insurance Fraud
Article 1 - Eyewitness Identification Procedures
Section 2698.26 - Eyewitness Identification Form
Universal Citation: 10 CA Code of Regs 2698.26
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
An Eyewitness Identification Form shall be completed by the administrator for each identification procedure, and shall contain the following content:
(a) Eyewitness and Procedural Information:
(1) Date, time, and location of the
identification procedure.
(2) Name of
the eyewitness and time of day that the eyewitness observed the lineup.
(3) The administrator's name and badge
number.
(4) Space for the eyewitness to
sign indicating that they understand the identification procedure and
instructions.
(5) Spaces for the
eyewitness to indicate and inscribe the eyewitness's signature to confirm that
either:
(A) The eyewitness recognizes a person the
eyewitness believes to be the perpetrator, or recognizes a photograph as being of a
person the eyewitness believes to be the perpetrator, or;
(B) The eyewitness does not recognize any of the
persons or photographs in the lineup.
(b) Written Eyewitness Instructions. The form shall provide instructions to eyewitnesses, to the following effect:
(1) That the eyewitness will be shown a group of
persons or photographs.
(2) That the
perpetrator may or may not be present among the persons or photographs presented
during an identification procedure.
(3)
That the eyewitness should not feel compelled to make an identification.
(4) That it is as important to exclude innocent
persons as it is to identify the perpetrator.
(5) That the perpetrator may not appear exactly
the same as the perpetrator did on the date of the incident.
(6) That the eyewitness shall view all of the
persons or photographs prior to making any comment.
(7) That the eyewitness shall indicate on the
Eyewitness Identification Form if they recognize any of the people or photographs as
being the perpetrator.
(8) That the
eyewitness must not ask the administrator whether they correctly identified the
suspect.
(9) That the administrator will
not tell the eyewitness whether or not they correctly identified the
suspect.
(10) That the eyewitness must
not discuss details of the incident, the identification procedure, or whether or not
the eyewitness has identified a suspect, with any other eyewitnesses.
(11) That the investigation will continue
regardless of whether the eyewitness makes an identification.
1. New section filed 5-28-2021; operative 7-1-2021 (Register 2021, No. 22).
Note: Authority cited: Section 859.7, Penal Code. Reference: Section 859.7, Penal Code.
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