Bill Text: TX SB281 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the use of hypnotically induced statements in a criminal trial.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [SB281 Detail]
Download: Texas-2021-SB281-Enrolled.html
| S.B. No. 281 | ||
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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 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 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 any physical evidence, or the testimony of any | ||
| witness identified, that independently corroborates the 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 281 passed the Senate on | ||
| April 20, 2021, by the following vote: Yeas 31, Nays 0; | ||
| May 25, 2021, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 27, 2021, House | ||
| granted request of the Senate; May 29, 2021, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 31, | ||
| Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 281 passed the House, with | ||
| amendments, on May 19, 2021, by the following vote: Yeas 143, | ||
| Nays 0, two present not voting; May 27, 2021, House granted request | ||
| of the Senate for appointment of Conference Committee; | ||
| May 29, 2021, House adopted Conference Committee Report by the | ||
| following vote: Yeas 136, Nays 0, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
