| 1 | 1 | | S.B. No. 338 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of hypnotically induced statements in a |
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| 6 | 6 | | criminal trial. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Article 38.24 to read as follows: |
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| 10 | 10 | | Art. 38.24. STATEMENTS OBTAINED BY INVESTIGATIVE HYPNOSIS. |
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| 11 | 11 | | (a) In this article, "investigative hypnosis" means a law |
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| 12 | 12 | | enforcement technique that uses hypnosis to explore the memory of a |
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| 13 | 13 | | witness to enhance the witness's recall of a legally relevant |
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| 14 | 14 | | event, including descriptions of people, conversations, and the |
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| 15 | 15 | | environment. |
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| 16 | 16 | | (b) This article applies to all statements made during or |
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| 17 | 17 | | after a hypnotic session by a person who has undergone |
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| 18 | 18 | | investigative hypnosis performed by a law enforcement agency for |
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| 19 | 19 | | the purpose of enhancing the person's recollection of an event at |
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| 20 | 20 | | issue in a criminal investigation or case, including courtroom |
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| 21 | 21 | | testimony regarding those statements and including statements |
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| 22 | 22 | | identifying an accused that are made pursuant to pretrial |
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| 23 | 23 | | identification procedures. |
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| 24 | 24 | | (c) A statement described by Subsection (b) is not |
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| 25 | 25 | | admissible against a defendant in a criminal trial, whether offered |
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| 26 | 26 | | in the guilt or innocence phase or the punishment phase of the |
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| 27 | 27 | | trial, if the hypnotic session giving rise to the statement was |
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| 28 | 28 | | performed by a law enforcement agency to investigate the offense |
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| 29 | 29 | | that is the subject of the trial. Notwithstanding Article 38.23, |
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| 30 | 30 | | this article does not affect the admissibility of any physical |
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| 31 | 31 | | evidence, or the testimony of any witness identified, that |
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| 32 | 32 | | independently corroborates the commission of the offense. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies to the |
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| 34 | 34 | | admissibility of a statement in a criminal proceeding that |
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| 35 | 35 | | commences on or after the effective date of this Act. The |
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| 36 | 36 | | admissibility of a statement in a criminal proceeding that |
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| 37 | 37 | | commences before the effective date of this Act is governed by the |
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| 38 | 38 | | law in effect on the date the proceeding commenced, and the former |
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| 39 | 39 | | law is continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I hereby certify that S.B. No. 338 passed the Senate on |
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| 44 | 44 | | April 20, 2023, by the following vote: Yeas 29, Nays 0. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | I hereby certify that S.B. No. 338 passed the House on |
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| 48 | 48 | | May 23, 2023, by the following vote: Yeas 128, Nays 10, |
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| 49 | 49 | | two present not voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | Approved: |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Governor |
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