BILL ANALYSIS


                                                     C.S.S.B. 222
                                                    By: Zaffirini
                                                 Criminal Justice
                                                          3-20-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, Texas law permits law enforcement officers and/or
prosecutors to require a polygraph examination of a person who
charges or seeks to charge in a complaint the commission of a
sexual offense.  

PURPOSE

As proposed, C.S.S.B. 222 prohibits a peace officer from requiring
a victim of certain offenses to take a polygraph examination prior
to or after charging a defendant with the offense.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 15, Code of Criminal Procedure, by
adding Article 15.051, as follows:

     Art. 15.051.  POLYGRAPH EXAMINATION OF COMPLAINT PROHIBITED. 
     (a)  Prohibits a peace officer from requiring the taking of a
     polygraph examination (examination) from a person who charges
     or seeks to charge in a complaint the commission of an offense
     under Sections 21.11, 21.011, 22.021, or 25.02, Penal Code.
     
     (b)  Requires an attorney to inform the complainant that an
       examination is not required and that a complaint may not be
       dismissed solely because a complainant did not take an
       examination or on the basis of the results of the
       examination if the attorney representing the state requests
       an examination of a person who charges or seeks to charge in
       a complaint the commission of an offense listed in
       Subchapter (a).
       
       (c)  Prohibits an attorney representing the state from
       taking an examination of a person who charges or seeks to
       charge the commission of 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 the person understands the information.
       
       (d)  Prohibits a complaint for being dismissed solely
       because a complainant did not take an examination or on the
       basis of the results of the examination.
     SECTION 2.  Effective date: September 1, 1995.

SECTION 3.  Emergency clause.