By:  Gallegos                                          S.B. No. 807
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to conditions of parole and release to mandatory
    1-2  supervision for certain inmates.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 8, Article 42.18, Code of Criminal
    1-5  Procedure, is amended by adding Subsection (u) to read as follows:
    1-6        (u)(1)  In addition to other conditions imposed by a parole
    1-7  panel under this article, the parole panel shall require as a
    1-8  condition of parole or release to mandatory supervision that an
    1-9  inmate serving a sentence for an offense under Section 21.11,
   1-10  22.011, 22.021, or 25.02, Penal Code:
   1-11                    (A)  submit to a polygraph examination
   1-12  administered by a licensed polygraph examiner at least once in each
   1-13  90-day period following the date on which the inmate is released on
   1-14  parole or mandatory supervision;
   1-15                    (B)  inform the polygraph examiner of the reason
   1-16  for the examination and the name and address of the inmate's parole
   1-17  officer; and
   1-18                    (C)  pay to the polygraph examiner the fee
   1-19  charged by the examiner to administer the examination.
   1-20              (2)  The pardons and paroles division shall develop a
   1-21  standard list of questions to be asked during an examination
   1-22  administered under this subsection and shall, on request by a
   1-23  licensed polygraph examiner, provide a copy of that list to the
    2-1  examiner.  Questions on the list shall be designed to elicit
    2-2  responses from the inmate concerning the inmate's compliance with
    2-3  any conditions of release.
    2-4              (3)  A licensed polygraph examiner who administers an
    2-5  examination under this subsection shall ask the inmate all
    2-6  questions included on the standard list developed by the pardons
    2-7  and paroles division and send the results of the examination to the
    2-8  inmate's parole officer.
    2-9              (4)  In a parole or mandatory supervision revocation
   2-10  hearing under Section 14 of this article at which it is alleged
   2-11  only that the inmate failed to make a payment under this
   2-12  subsection, the inability of the inmate to pay is an affirmative
   2-13  defense to revocation, which the inmate must prove by a
   2-14  preponderance of the evidence.
   2-15        SECTION 2.  The change in law made by this Act applies only
   2-16  to an inmate released on parole or mandatory supervision on or
   2-17  after the effective date of this Act.  An inmate released on parole
   2-18  or mandatory supervision before the effective date of this Act is
   2-19  covered by the law in effect when the inmate was released, and the
   2-20  former law is continued in effect for that purpose.
   2-21        SECTION 3.  This Act takes effect September 1, 1995.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.