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Relating to the use of hypnotically induced statements in a criminal trial.
No significant fiscal implication to the State is anticipated.
SB 281 would make statements made during a hypnosis session inadmissible against a defendant in a criminal trial.
SB 281 was amended on the floor of the Senate to make any evidence derived from a hypnosis session that corroborates a crime admissible in a criminal trial. This change does not affect our vote recommendation.
Texas Action is neutral on SB 281 as it is not conclusive whether or not forensic hypnosis constitutes junk science. The use of junk science in criminal investigations or securing convictions violates the due process rights of the defendant. However, no consensus exists among experts as to whether or not the use of hypnosis is scientifically sound. We support the ability of the Legislature to ban methods that it deems to be unreliable.