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  S.B. No. 338
 
 
 
 
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 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