By:  Zaffirini                                         S.B. No. 482
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a prohibition of the requirement of a polygraph
    1-2  examination of a complainant as a condition of charging a defendant
    1-3  accused of certain criminal offenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 15, Code of Criminal Procedure, is
    1-6  amended by adding Article 15.051 to read as follows:
    1-7        Art. 15.051.  POLYGRAPH EXAMINATION OF COMPLAINANT
    1-8  PROHIBITED.  (a)  A peace officer or attorney representing the
    1-9  state may not require a polygraph examination of a person who
   1-10  charges or seeks to charge in a complaint the commission of an
   1-11  offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.
   1-12        (b)  If a peace officer or attorney representing the state
   1-13  requests a polygraph examination of a person who charges or seeks
   1-14  to charge in a complaint the commission of an offense listed in
   1-15  Subsection (a) of this article, the peace officer or attorney must
   1-16  inform the complainant that the examination is not required and
   1-17  that a complaint may not be dismissed solely:
   1-18              (1)  because a complainant did not take a polygraph
   1-19  examination; or
   1-20              (2)  on the basis of the results of a polygraph
   1-21  examination taken by the complainant.
   1-22        (c)  A peace officer or attorney representing the state may
   1-23  not take a polygraph examination of a person who charges or seeks
    2-1  to charge the commission of an offense listed in Subsection (a) of
    2-2  this article unless the officer or attorney provides the
    2-3  information in Subsection (b) of this article to the person and the
    2-4  person signs a statement indicating the person understands the
    2-5  information.
    2-6        (d)  A complaint may not be dismissed solely:
    2-7              (1)  because a complainant did not take a polygraph
    2-8  examination; or
    2-9              (2)  on the basis of the results of a polygraph
   2-10  examination taken by the complainant.
   2-11        SECTION 2.  This Act takes effect September 1, 1993.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.