Bill Text: TX HB4271 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the use of hypnotically induced statements in a criminal trial.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Criminal Jurisprudence [HB4271 Detail]
Download: Texas-2023-HB4271-Introduced.html
| 88R6450 AJZ-D | ||
| By: Leach | H.B. No. 4271 | |
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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 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. | ||
