2007 California Evidence Code Chapter 7. Hypnosis Of Witnesses

CA Codes (evid:795)

795.  (a) The testimony of a witness is not inadmissible in a
criminal proceeding by reason of the fact that the witness has
previously undergone hypnosis for the purpose of recalling events
which are the subject of the witness' testimony, if all of the
following conditions are met:
   (1) The testimony is limited to those matters which the witness
recalled and related prior to the hypnosis.
   (2) The substance of the prehypnotic memory was preserved in
written, audiotape, or videotape form prior to the hypnosis.
   (3) The hypnosis was conducted in accordance with all of the
following procedures:
   (A) A written record was made prior to hypnosis documenting the
subject's description of the event, and information which was
provided to the hypnotist concerning the subject matter of the
hypnosis.
   (B) The subject gave informed consent to the hypnosis.
   (C) The hypnosis session, including the pre- and post-hypnosis
interviews, was videotape recorded for subsequent review.
   (D) The hypnosis was performed by a licensed medical doctor,
psychologist, licensed clinical social worker, or a licensed marriage
and family therapist experienced in the use of hypnosis and
independent of and not in the presence of law enforcement, the
prosecution, or the defense.
   (4) Prior to admission of the testimony, the court holds a hearing
pursuant to Section 402 of the Evidence Code at which the proponent
of the evidence proves by clear and convincing evidence that the
hypnosis did not so affect the witness as to render the witness'
prehypnosis recollection unreliable or to substantially impair the
ability to cross-examine the witness concerning the witness'
prehypnosis recollection.  At the hearing, each side shall have the
right to present expert testimony and to cross-examine witnesses.
   (b) Nothing in this section shall be construed to limit the
ability of a party to attack the credibility of a witness who has
undergone hypnosis, or to limit other legal grounds to admit or
exclude the testimony of that witness.