Bill Text: TX SB338 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the use of hypnotically induced statements in a criminal trial.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB338 Detail]
Download: Texas-2023-SB338-Enrolled.html
| S.B. No. 338 | ||
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| 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 | ||
