SECTIONS 795 - California Statutes

EVIDENCE CODE

SECTION 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
that are the subject of the witness's testimony, if all of the
following conditions are met:
(1) The testimony is limited to those matters that the witness
recalled and related prior to the hypnosis.
(2) The substance of the prehypnotic memory was preserved in a
writing, audio recording, or video recording 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 that 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 video 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 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's prehypnosis
recollection unreliable or to substantially impair the ability to
cross-examine the witness concerning the witness's 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.