1-1  By:  Zaffirini                                         S.B. No. 222
    1-2        (In the Senate - Filed January 16, 1995; January 18, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 15, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; March 15, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 222                 By:  Moncrief
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to a prohibition of the requirement of a polygraph
   1-11  examination of a complainant as a condition of charging a defendant
   1-12  accused of certain criminal offenses.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Chapter 15, Code of Criminal Procedure, is
   1-15  amended by adding Article 15.051 to read as follows:
   1-16        Art. 15.051.  POLYGRAPH EXAMINATION OF COMPLAINANT
   1-17  PROHIBITED.  (a)  A peace officer may not require a polygraph
   1-18  examination of a person who charges or seeks to charge in a
   1-19  complaint the commission of an offense under Section 21.11, 22.011,
   1-20  22.021, or 25.02, Penal Code.
   1-21        (b)  If an attorney representing the state requests a
   1-22  polygraph examination of a person who charges or seeks to charge in
   1-23  a complaint the commission of an offense listed in Subsection (a),
   1-24  the attorney must inform the complainant that the examination is
   1-25  not required and that a complaint may not be dismissed solely:
   1-26              (1)  because a complainant did not take a polygraph
   1-27  examination; or
   1-28              (2)  on the basis of the results of a polygraph
   1-29  examination taken by the complainant.
   1-30        (c)  An attorney representing the state may not take a
   1-31  polygraph examination of a person who charges or seeks to charge
   1-32  the commission of an offense listed in Subsection (a) unless the
   1-33  attorney provides the information in Subsection (b) to the person
   1-34  and the person signs a statement indicating the person understands
   1-35  the information.
   1-36        (d)  A complaint may not be dismissed solely:
   1-37              (1)  because a complainant did not take a polygraph
   1-38  examination; or
   1-39              (2)  on the basis of the results of a polygraph
   1-40  examination taken by the complainant.
   1-41        SECTION 2.  This Act takes effect September 1, 1995.
   1-42        SECTION 3.  The importance of this legislation and the
   1-43  crowded condition of the calendars in both houses create an
   1-44  emergency and an imperative public necessity that the
   1-45  constitutional rule requiring bills to be read on three several
   1-46  days in each house be suspended, and this rule is hereby suspended.
   1-47                               * * * * *