Section 60.30. §s of evidence; identification by means of previous recognition, in addition to present identification  


Latest version.
  • In any criminal proceeding in which the defendant's commission  of  an
      offense  is  in  issue, a witness who testifies that (a) he observed the
      person claimed by the people to be the defendant either at the time  and
      place  of  the  commission  of  the  offense or upon some other occasion
      relevant to the case, and (b) on the basis of present recollection,  the
      defendant  is the person in question and (c) on a subsequent occasion he
      observed the defendant, under circumstances consistent with such  rights
      as  an accused person may derive under the constitution of this state or
      of the United States, and then also recognized him as  the  same  person
      whom  he  had  observed  on the first or incriminating occasion, may, in
      addition to making an identification of the defendant  at  the  criminal
      proceeding  on  the  basis of present recollection as the person whom he
      observed on the first  or  incriminating  occasion,  also  describe  his
      previous  recognition  of the defendant and testify that the person whom
      he observed on such second occasion is  the  same  person  whom  he  had
      observed  on  the  first  or  incriminating  occasion.    Such testimony
      constitutes evidence in chief.