By:  Zaffirini                                         S.B. No. 222
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a prohibition of the requirement of a polygraph
    1-2  examination of a complainant as a condition of charging a defendant
    1-3  accused of certain criminal offenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 15, Code of Criminal Procedure, is
    1-6  amended by adding Article 15.051 to read as follows:
    1-7        Art. 15.051.  POLYGRAPH EXAMINATION OF COMPLAINANT
    1-8  PROHIBITED.  (a)  A peace officer may not require a polygraph
    1-9  examination of a person who charges or seeks to charge in a
   1-10  complaint the commission of an offense under Section 21.11, 22.011,
   1-11  22.021, or 25.02, Penal Code.
   1-12        (b)  If an attorney representing the state requests a
   1-13  polygraph examination of a person who charges or seeks to charge in
   1-14  a complaint the commission of an offense listed in Subsection (a),
   1-15  the attorney must inform the complainant that the examination is
   1-16  not required and that a complaint may not be dismissed solely:
   1-17              (1)  because a complainant did not take a polygraph
   1-18  examination; or
   1-19              (2)  on the basis of the results of a polygraph
   1-20  examination taken by the complainant.
   1-21        (c)  An attorney representing the state may not take a
   1-22  polygraph examination of a person who charges or seeks to charge
   1-23  the commission of an offense listed in Subsection (a) unless the
   1-24  attorney provides the information in Subsection (b) to the person
    2-1  and the person signs a statement indicating the person understands
    2-2  the information.
    2-3        (d)  A complaint may not be dismissed solely:
    2-4              (1)  because a complainant did not take a polygraph
    2-5  examination; or
    2-6              (2)  on the basis of the results of a polygraph
    2-7  examination taken by the complainant.
    2-8        SECTION 2.  This Act takes effect September 1, 1995.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.