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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 law |
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enforcement technique that uses hypnosis to explore the memory of a |
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witness to enhance the witness's recall of a legally relevant |
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event, including descriptions of people, conversations, and the |
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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 performed by a law enforcement agency for |
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the purpose of enhancing the person's recollection of an event at |
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issue in a criminal investigation or case, including courtroom |
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testimony regarding those statements and including statements |
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identifying an accused that are made pursuant to pretrial |
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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, if the hypnotic session giving rise to the statement was |
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performed by a law enforcement agency to investigate the offense |
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that is the subject of the trial. Notwithstanding Article 38.23, |
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this article does not affect the admissibility of any physical |
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evidence, or the testimony of any witness identified, that |
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independently corroborates the commission 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. |