By: Hinojosa, Eckhardt S.B. No. 281
A BILL TO BE ENTITLED
AN ACT
relating to the use of hypnotically induced statements in a
criminal trial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.24 to read as follows:
Art. 38.24. STATEMENTS OBTAINED BY INVESTIGATIVE HYPNOSIS.
(a) In this article, "investigative hypnosis" means a technique
that uses hypnosis to explore the memory of a witness to enhance the
witness's recall of a legally relevant event, including
descriptions of people, conversations, and the environment.
(b) This article applies to all statements made during a
hypnotic session by a person who has undergone investigative
hypnosis for the purpose of enhancing the person's recollection of
an event at issue in a criminal investigation or case, including
courtroom testimony regarding those statements and including
statements identifying an accused that are made pursuant to
pretrial identification procedures.
(c) A statement described by Subsection (b) is not
admissible against a defendant in a criminal trial, whether offered
in the guilt or innocence phase or the punishment phase of the
trial. Notwithstanding Article 38.23, this article does not affect
the admissibility of evidence derived from a statement described by
Subsection (b) that corroborates a crime.
SECTION 2. The change in law made by this Act applies to the
admissibility of a statement in a criminal proceeding that
commences on or after the effective date of this Act. The
admissibility of a statement in a criminal proceeding that
commences before the effective date of this Act is governed by the
law in effect on the date the proceeding commenced, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.