BILL ANALYSIS S.B. 222 By: Zaffirini (Danburg) 3-28-95 Committee Report (Unamended) BACKGROUND Currently, Chapter 15, Code of Criminal Procedure, does not regulate the use of polygraph examinations on victims charging defendants with certain sexual offenses. The instrument cannot detect deception by itself; rather, the results of the test depend heavily on the interaction between the examiner and the person undergoing the test. The examiner must infer deception or truthfulness by the subject's physiological responses to various questions. Correct guilty detections range from 17 to 100 percent. For greater accuracy, the voluntary cooperation of the individual is recommended. PURPOSE If enacted, S.B. 222 would prohibit peace officers from requiring submission to a polygraph examination for persons charging certain sexual assault offenses. In addition, SB 222 would require attorneys representing the state and requesting submission to polygraph exams to provide certain information to the complainant regarding the voluntary nature of submission to a polygraph exam. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 15, Code of Criminal Procedure (ARREST UNDER WARRANT), by adding Article 15.051, as follows: Art. 15.051. POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED. (a) Prohibits a peace officer from requiring a polygraph examination of a person who charges or seeks to charge in a complaint certain offenses, including indecency with a child, sexual assault, aggravated sexual assault, and prohibited sexual conduct (Sections 21.11, 22.011, 22.021, and 25.02, Penal Code). (b) Requires an attorney representing the state, if requesting a polygraph exam of a person who charges or seeks to charge in a complaint the commission of an offense listed in Subsection (a), to inform the complainant that the exam is not required and that a complaint may not be dismissed solely: (1) because the complainant did not take the polygraph exam; or (2) on the basis of the results of a polygraph exam taken by the complainant. (c) Prohibits an attorney representing the state to take a polygraph exam of a person charging an offense listed in Subsection (a) unless the attorney provides the information in Subsection (b) to the person and the person signs a statement indicating an understanding of the information. (d) Prohibits a complaint from being dismissed solely: (1) because a complainant did not take a polygraph exam; or (2) on the basis of the results of a polygraph exam taken by the complainant. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 222 was considered by the committee in a formal meeting on March 28, 1995. SB 222 was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.