| |
| |
| |
|
|
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. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 338 passed the Senate on |
|
|
April 20, 2023, by the following vote: Yeas 29, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 338 passed the House on |
|
|
May 23, 2023, by the following vote: Yeas 128, Nays 10, |
|
|
two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |