Criminal Trials

ORS 136.685
Required explanations by law enforcement personnel to hypnosis subject

  • consent of subject required


(1)

No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another person any form of hypnotism, mesmerism or any other form of the exertion of will power or the power of suggestion which is intended to or results in a state of trance, sleep or entire or partial unconsciousness without first explaining to the intended subject that:

(a)

The intended subject is free to refuse to be subject to the processes delineated in this section;

(b)

There is a risk of psychological side effects resulting from the process;

(c)

If the intended subject agrees to be subject to such processes, it is possible that the process will reveal emotions or information of which the intended subject is not consciously aware and which the intended subject may wish to keep private; and

(d)

The intended subject may request that the process be conducted by a doctor licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) or a licensed psychologist, at no cost to the intended subject.

(2)

In the event that the prospective subject refuses to consent, none of the processes delineated in subsection (1) of this section shall be used upon that person. [1977 c.540 §2; 2017 c.409 §5]

Source

Last accessed
Jun. 26, 2021