74R7944 GWK-F By Danburg, et al. H.B. No. 126 Substitute the following for H.B. No. 126: By Greenberg C.S.H.B. No. 126 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a prohibition of the requirement of a polygraph 1-3 examination of a complainant as a condition of charging a defendant 1-4 accused of certain criminal offenses. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 15, Code of Criminal Procedure, is 1-7 amended by adding Article 15.051 to read as follows: 1-8 Art. 15.051. POLYGRAPH EXAMINATION OF COMPLAINANT 1-9 PROHIBITED. (a) A peace officer may not require a polygraph 1-10 examination of a person who charges or seeks to charge in a 1-11 complaint the commission of an offense under Section 21.11, 22.011, 1-12 22.021, or 25.02, Penal Code. 1-13 (b) If an attorney representing the state requests a 1-14 polygraph examination of a person who charges or seeks to charge in 1-15 a complaint the commission of an offense listed in Subsection (a), 1-16 the attorney must inform the complainant that the examination is 1-17 not required and 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) An attorney representing the state may not take a 1-23 polygraph examination of a person who charges or seeks to charge 1-24 the commission of an offense listed in Subsection (a) unless the 2-1 attorney provides the information in Subsection (b) to the person 2-2 and the person signs a statement indicating the person understands 2-3 the information. 2-4 (d) A complaint may not be dismissed solely: 2-5 (1) because a complainant did not take a polygraph 2-6 examination; or 2-7 (2) on the basis of the results of a polygraph 2-8 examination taken by the complainant. 2-9 SECTION 2. This Act takes effect September 1, 1995. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.