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.