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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of hypnotically induced statements in a |
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criminal trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Code of Criminal Procedure, is |
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amended by adding Article 38.24 to read as follows: |
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Art. 38.24. STATEMENTS OBTAINED BY INVESTIGATIVE HYPNOSIS. |
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(a) In this article, "investigative hypnosis" means a technique |
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that uses hypnosis to explore the memory of a witness to enhance the |
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witness's recall of a legally relevant event, including |
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descriptions of people, conversations, and the environment. |
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(b) This article applies to all statements made during or |
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after a hypnotic session by a person who has undergone |
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investigative hypnosis for the purpose of enhancing the person's |
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recollection of an event at issue in a criminal investigation or |
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case, including courtroom testimony regarding those statements and |
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including statements identifying an accused that are made pursuant |
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to pretrial identification procedures. |
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(c) A statement described by Subsection (b) is not |
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admissible against a defendant in a criminal trial, whether offered |
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in the guilt or innocence phase or the punishment phase of the |
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trial. Notwithstanding Article 38.23, this article does not affect |
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the admissibility of any physical evidence, or the testimony of any |
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witness identified, that independently corroborates the commission |
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of the offense. |
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SECTION 2. The change in law made by this Act applies to the |
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admissibility of a statement in a criminal proceeding that |
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commences on or after the effective date of this Act. The |
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admissibility of a statement in a criminal proceeding that |
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commences before the effective date of this Act is governed by the |
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law in effect on the date the proceeding commenced, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |