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.