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.