1-1 By: Zaffirini S.B. No. 482
1-2 (In the Senate - Filed February 25, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 6, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 6, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 482 By: West
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to a prohibition of the requirement of a polygraph
1-20 examination of a complainant as a condition of charging a defendant
1-21 accused of certain criminal offenses.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Chapter 15, Code of Criminal Procedure, is
1-24 amended by adding Article 15.051 to read as follows:
1-25 Art. 15.051. POLYGRAPH EXAMINATION OF COMPLAINANT
1-26 PROHIBITED. (a) A peace officer or attorney representing the
1-27 state may not require a polygraph examination of a person who
1-28 charges or seeks to charge in a complaint the commission of an
1-29 offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.
1-30 (b) If a peace officer or attorney representing the state
1-31 requests a polygraph examination of a person who charges or seeks
1-32 to charge in a complaint the commission of an offense listed in
1-33 Subsection (a) of this article, the peace officer or attorney must
1-34 inform the complainant that the examination is not required and
1-35 that a complaint may not be dismissed solely:
1-36 (1) because a complainant did not take a polygraph
1-37 examination; or
1-38 (2) on the basis of the results of a polygraph
1-39 examination taken by the complainant.
1-40 (c) A peace officer or attorney representing the state may
1-41 not take a polygraph examination of a person who charges or seeks
1-42 to charge the commission of an offense listed in Subsection (a) of
1-43 this article unless the officer or attorney provides the
1-44 information in Subsection (b) of this article to the person and the
1-45 person signs a statement indicating the person understands the
1-46 information.
1-47 (d) A complaint may not be dismissed solely:
1-48 (1) because a complainant did not take a polygraph
1-49 examination; or
1-50 (2) on the basis of the results of a polygraph
1-51 examination taken by the complainant.
1-52 SECTION 2. This Act takes effect September 1, 1993.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
1-59 Austin,
1-60 Texas
1-61 April 6, 1993
1-62 Hon. Bob Bullock
1-63 President of the Senate
1-64 Sir:
1-65 We, your Committee on Criminal Justice to which was referred S.B.
1-66 No. 482, have had the same under consideration, and I am instructed
1-67 to report it back to the Senate with the recommendation that it do
1-68 not pass, but that the Committee Substitute adopted in lieu thereof
2-1 do pass and be printed.
2-2 Whitmire,
2-3 Chairman
2-4 * * * * *
2-5 WITNESSES
2-6 FOR AGAINST ON
2-7 ___________________________________________________________________
2-8 Name: G. K. Sprinkle x
2-9 Representing: Tx Assoc Against Sex. Assault
2-10 City: Austin
2-11 -------------------------------------------------------------------
2-12 Name: Lacey Sloan x
2-13 Representing: Tx Assoc Against Sex. Assault
2-14 City: Austin
2-15 -------------------------------------------------------------------
2-16 Name: Bobby Jones x
2-17 Representing: Tx Assoc of Polygraph Examine
2-18 City: Dallas
2-19 -------------------------------------------------------------------
2-20 Name: Bryan Perot x
2-21 Representing: Polygraph Examiners Bd
2-22 City: Austin
2-23 -------------------------------------------------------------------
2-24 Name: Nancy Tart x
2-25 Representing: TAASA
2-26 City: Austin
2-27 -------------------------------------------------------------------
2-28 Name: Rebecca Allen x
2-29 Representing: SAAFE House
2-30 City: Huntsville
2-31 -------------------------------------------------------------------
2-32 Name: Samantha McDiarmid x
2-33 Representing: Family Crisis Center
2-34 City: Harlingen
2-35 -------------------------------------------------------------------
2-36 Name: Laura Gee x
2-37 Representing: Victims
2-38 City: Beaumont
2-39 -------------------------------------------------------------------
2-40 Name: Kimbra Ogg x
2-41 Representing: Harris County Dist Atty
2-42 City: Houston
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