87(R) SB 281 - Enrolled version - Bill Text

	S.B.  No.  281

	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 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