Legislature passes bill related to informant and eyewitness evidence

SB 5714, sponsored by Sen. Manka Dhingra (D–Redmond), aims to ensure the reliability of evidence based on informants or eyewitnesses. The bill passed the Legislature and is awaiting signature by the Governor.

The bill establishes two workgroups—on eyewitness evidence and informant reliability—that must submit reports to the Legislature by November 30, 2019. The reports must include model guidelines, a law enforcement training curriculum, and a pilot project to test the effectiveness of the eyewitness evidence training program. SB 5714 also requires each county prosecuting attorney to adopt and implement local protocols for the use of informants, consistent with the model guidelines, by December 31, 2020.

Finally, the bill provides jury instruction for informant testimony. The city or county prosecuting attorney or defendant may request a jury instruction on exercising caution in evaluating the credibility of an informant. At the court’s discretion, SB 5714 provides the language to which that instruction must conform.