TX
Texas Senate Bill SB281

Texas 2021 - 87th Regular

Texas Senate Bill SB281 Compare Versions

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1-S.B. No. 281
1+By: Hinojosa, et al. S.B. No. 281
2+ (Lucio III)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the use of hypnotically induced statements in a
68 criminal trial.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Chapter 38, Code of Criminal Procedure, is
911 amended by adding Article 38.24 to read as follows:
1012 Art. 38.24. STATEMENTS OBTAINED BY INVESTIGATIVE HYPNOSIS.
1113 (a) In this article, "investigative hypnosis" means a technique
1214 that uses hypnosis to explore the memory of a witness to enhance the
1315 witness's recall of a legally relevant event, including
1416 descriptions of people, conversations, and the environment.
15- (b) This article applies to all statements made during or
16- after a hypnotic session by a person who has undergone
17- investigative hypnosis for the purpose of enhancing the person's
18- recollection of an event at issue in a criminal investigation or
19- case, including courtroom testimony regarding those statements and
20- including statements identifying an accused that are made pursuant
21- to pretrial identification procedures.
17+ (b) This article applies to all statements made during a
18+ hypnotic session by a person who has undergone investigative
19+ hypnosis for the purpose of enhancing the person's recollection of
20+ an event at issue in a criminal investigation or case, including
21+ courtroom testimony regarding those statements and including
22+ statements identifying an accused that are made pursuant to
23+ pretrial identification procedures.
2224 (c) A statement described by Subsection (b) is not
2325 admissible against a defendant in a criminal trial, whether offered
2426 in the guilt or innocence phase or the punishment phase of the
2527 trial. Notwithstanding Article 38.23, this article does not affect
26- the admissibility of any physical evidence, or the testimony of any
27- witness identified, that independently corroborates the crime.
28+ the admissibility of evidence derived from a statement described by
29+ Subsection (b) that corroborates a crime.
2830 SECTION 2. The change in law made by this Act applies to the
2931 admissibility of a statement in a criminal proceeding that
3032 commences on or after the effective date of this Act. The
3133 admissibility of a statement in a criminal proceeding that
3234 commences before the effective date of this Act is governed by the
3335 law in effect on the date the proceeding commenced, and the former
3436 law is continued in effect for that purpose.
3537 SECTION 3. This Act takes effect September 1, 2021.
36- ______________________________ ______________________________
37- President of the Senate Speaker of the House
38- I hereby certify that S.B. No. 281 passed the Senate on
39- April 20, 2021, by the following vote: Yeas 31, Nays 0;
40- May 25, 2021, Senate refused to concur in House amendments and
41- requested appointment of Conference Committee; May 27, 2021, House
42- granted request of the Senate; May 29, 2021, Senate adopted
43- Conference Committee Report by the following vote: Yeas 31,
44- Nays 0.
45- ______________________________
46- Secretary of the Senate
47- I hereby certify that S.B. No. 281 passed the House, with
48- amendments, on May 19, 2021, by the following vote: Yeas 143,
49- Nays 0, two present not voting; May 27, 2021, House granted request
50- of the Senate for appointment of Conference Committee;
51- May 29, 2021, House adopted Conference Committee Report by the
52- following vote: Yeas 136, Nays 0, one present not voting.
53- ______________________________
54- Chief Clerk of the House
55- Approved:
56- ______________________________
57- Date
58- ______________________________
59- Governor