Eyewitness Identification Legislation


Faulty eyewitness identification has led to incarceration of a number of defendants over the years. This has come to light with the advent of DNA evidence that has helped exonerate many falsely accused. If there is no DNA other evidence other than a false identification someone accused of a serious crime can find themselves in unjustly imprisoned.

To combat this problem the Texas State Legislature enacted House Bill 215 which is codified in the Texas Code of Criminal Procedure Article 38.20, to require all Texas law enforcement agencies to adopt  written eyewitness identification policies bases on the best practices proven effective by scientific research on eyewitness memory.

This legislation is not a cure all by any stretch, but it is an indication that that our legislators and the public in general realize that this is an important issue. It is incumbent on the defense attorney to zealously defend their client and vigorously cross examination police officers and eyewitnesses on the identification procedure used.

If you or someone you know is in need of the services of a Houston criminal defense attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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