New bill addresses
wrongful convictions

AUSTIN (KXAN) - Some lawmakers think a new bill filed can help decrease the number of wrongful convictions in Texas. Texas leads the nation in wrongful convictions with 38 instances.

Senate Bill 117 would require all law enforcement agencies adopt photograph and live lineup procedures. Law enforcement watchdog group The Justice Project released survey results Wednesday in support of the bill.

A public information request was sent out to 1,034 law enforcement agencies across the state, but only 750 responded. Out of that number, only 88 had some sort of written policy guiding the conduct of photo and live eyewitness identification procedures.

The Justice Project, along with bill sponsor Sen. Rodney Ellis , said if law enforcement agencies have written procedures about the collection of DNA evidence, then they should also have written procedures about lineups. For example, many law enforcement agencies have nothing in writing stating that a detective who is neutral in a case should conduct the lineup.

However, getting the bill passed may be difficult, because the majority of law enforcement agencies will have to comply. Supporters of the bill said complying should not be difficult.

"Historically, law enforcement agencies have not been excited about this sort of urging of change outside of law enforcement, but increasingly, the call for change has come from within law enforcement," said Edwin Colfax with The Justice Project.

The survey found that there were some inconsistencies about how lineups should be conducted within the Austin Police Department , but the department does meet the minimum legal requirements.

The Justice Project said it plans to follow up with the Texas Attorney General's Office about the agencies that did not respond to the public information request.