88R6450 AJZ-D
By: Hinojosa S.B. No. 338
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 or
after 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 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.