Bill Text: TX SB281 | 2021-2022 | 87th Legislature | Comm Sub

Texas Senate Bill 281 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Comm_Sub.html



	By: Hinojosa, et al.	S.B. No. 281

	(Lucio III)


	A BILL TO BE ENTITLED
	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 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 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 evidence derived from a statement described by
	Subsection (b) that corroborates a 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.