By: Hinojosa, et al. S.B. No. 338
(Leach)
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 law
enforcement 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 or
after a hypnotic session by a person who has undergone
investigative hypnosis performed by a law enforcement agency 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, if the hypnotic session giving rise to the statement was
performed by a law enforcement agency to investigate the offense
that is the subject of the trial. Notwithstanding Article 38.23,
this article does not affect the admissibility of any physical
evidence, or the testimony of any witness identified, that
independently corroborates the commission of the offense.
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, 2023.