SRC-SLL S.B. 467 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 467
By: Nelson
Criminal Justice
2-24-97
As Filed


DIGEST 

Currently, Texas law places limitations on administering a polygraph
examination to certain persons. The caption of Article 15.051, Code of
Criminal Procedure, is inconsistent with the text of its provisions.  The
caption reads "Polygraph Examination of Complainant Prohibited."  In fact,
a complainant may elect to submit to a polygraph examination, and a peace
officer or attorney representing the state may request that the
complainant submit to a polygraph examination, but a complainant may not
be required to submit to the examination.  The caption is confusing and
causes some inexperienced law enforcement personnel to wrongly conclude
that a complainant may not submit to a polygraph examination under any
circumstances.  This bill will amend the caption of Section 15.051, Code
of Criminal Procedure, to more accurately reflect the contents of the
provision, and prohibit an attorney representing the state from requiring
a polygraph examination of certain persons and if a polygraph examination
is requested, peace officers and attorneys representing the state will be
required to inform the person of certain information. 

PURPOSE

As proposed, S.B. 467 amends the caption of Section 15.51, Code of
Criminal Procedure, to more accurately reflect the contents of the
provision and prohibits attorneys representing the state from requiring a
polygraph examination of certain persons and requires peace officers and
attorneys representing the state to inform those persons of certain
information if a polygraph examination is requested. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 15.051, Code of Criminal Procedure, as follows:

Art.  15.051.  New heading:  REQUIRING POLYGRAPH EXAMINATION OF
COMPLAINANT PROHIBITED.  Prohibits an attorney representing the state from
requiring a polygraph examination of certain persons.  Requires a peace
officer, if the peace officer requests a polygraph examination of a
certain person, to inform the person of certain information.  Makes
conforming changes. 

SECTION 2. Emergency clause.
  Effective date: upon passage.