BILL ANALYSIS H.B. 1002 By: Lucio III Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Concerns have been raised regarding the use of testimony obtained by hypnosis against a defendant in a criminal trial. It has been suggested that the use of such a volatile form of testimony violates the constitutional right of Texans to a fair trial. H.B. 1002 seeks to address this issue by making testimony obtained by hypnosis inadmissible against a defendant in a criminal trial. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1002 amends the Code of Criminal Procedure to make the testimony of a person obtained by hypnotizing the person inadmissible against a defendant in a criminal trial, whether offered in the guilt or innocence phase or the punishment phase of the trial. EFFECTIVE DATE September 1, 2021.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1002
By: Lucio III
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1002
By: Lucio III
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Concerns have been raised regarding the use of testimony obtained by hypnosis against a defendant in a criminal trial. It has been suggested that the use of such a volatile form of testimony violates the constitutional right of Texans to a fair trial. H.B. 1002 seeks to address this issue by making testimony obtained by hypnosis inadmissible against a defendant in a criminal trial.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1002 amends the Code of Criminal Procedure to make the testimony of a person obtained by hypnotizing the person inadmissible against a defendant in a criminal trial, whether offered in the guilt or innocence phase or the punishment phase of the trial.
EFFECTIVE DATE September 1, 2021.
BACKGROUND AND PURPOSE
Concerns have been raised regarding the use of testimony obtained by hypnosis against a defendant in a criminal trial. It has been suggested that the use of such a volatile form of testimony violates the constitutional right of Texans to a fair trial. H.B. 1002 seeks to address this issue by making testimony obtained by hypnosis inadmissible against a defendant in a criminal trial.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1002 amends the Code of Criminal Procedure to make the testimony of a person obtained by hypnotizing the person inadmissible against a defendant in a criminal trial, whether offered in the guilt or innocence phase or the punishment phase of the trial.
EFFECTIVE DATE
September 1, 2021.