| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the use of hypnotically induced testimony in a criminal |
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| 9 | 8 | | trial. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 12 | 11 | | amended by adding Article 38.24 to read as follows: |
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| 13 | 12 | | Art. 38.24. TESTIMONY OBTAINED BY HYPNOSIS. The testimony |
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| 14 | 13 | | of a person obtained by hypnotizing the person is not admissible |
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| 15 | 14 | | against a defendant in a criminal trial, whether offered in the |
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| 16 | 15 | | guilt or innocence phase or the punishment phase of the trial. |
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| 17 | 16 | | SECTION 2. The change in law made by this Act applies to the |
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| 18 | 17 | | admissibility of evidence in a criminal proceeding that commences |
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| 19 | 18 | | on or after the effective date of this Act. The admissibility of |
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| 20 | 19 | | evidence in a criminal proceeding that commences before the |
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| 21 | 20 | | effective date of this Act is governed by the law in effect on the |
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| 22 | 21 | | date the proceeding commenced, and the former law is continued in |
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| 23 | 22 | | effect for that purpose. |
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| 24 | 23 | | SECTION 3. This Act takes effect September 1, 2021. |
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