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.