Haw. Rev. Stat. § 801K-1

Current through the 2024 Legislative Session
Section 801K-1 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Administrator" means the person conducting the photo lineup, live lineup, or showup for law enforcement.

"Blind" means the administrator does not know the identity of the suspect in the identification procedure.

"Blinded" means the administrator may know who the suspect is, but by virtue of the use of procedures or technology, does not know which lineup member is being viewed by the eyewitness.

"Contamination" means the alteration, replacement, or impairment of an eyewitness' memory of a person or event as a result of exposure to extrinsic information related to that person or event.

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

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

"Identification" means the identification by the eyewitness of a specific person as the possible perpetrator.

"Identification procedure" means a live lineup, a photo lineup, or a showup.

"Law enforcement" means any law enforcement entity conducting an investigation.

"Live lineup" means an identification procedure in which a group of persons, including the suspect and other persons acting as fillers, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the possible perpetrator.

"Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspect 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 other electronic means for the purpose of determining whether the eyewitness identifies the suspect as the possible perpetrator.

"Showup" means an identification procedure in which an eyewitness is presented in-person with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the possible perpetrator.

"Suspect" means the person believed by law enforcement to be the possible perpetrator of the crime.

HRS § 801K-1

Added by L 2019, c 281,§ 2, eff. 6/1/2020.