AN ACT

 1-1     relating to prohibiting a peace officer or attorney representing

 1-2     the state from requiring that certain complainants submit to

 1-3     polygraph examinations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 15.051, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 15.051.  REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT

 1-8     PROHIBITED.  (a)  A peace officer or an attorney representing the

 1-9     state may not require a polygraph examination of a person who

1-10     charges or seeks to charge in a complaint the commission of an

1-11     offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.

1-12           (b)  If a peace officer or an attorney representing the state

1-13     requests a polygraph examination of a person who charges or seeks

1-14     to charge in a complaint the commission of an offense listed in

1-15     Subsection (a), the officer or attorney must inform the complainant

1-16     that the examination is not required and that a complaint may not

1-17     be dismissed solely:

1-18                 (1)  because a complainant did not take a polygraph

1-19     examination; or

1-20                 (2)  on the basis of the results of a polygraph

1-21     examination taken by the complainant.

1-22           (c)  A peace officer or an [An] attorney representing the

1-23     state may not take a polygraph examination of a person who charges

 2-1     or seeks to charge the commission of an offense listed in

 2-2     Subsection (a) unless the officer or attorney provides the

 2-3     information in Subsection (b) to the person and the person signs a

 2-4     statement indicating the person understands the information.

 2-5           (d)  A complaint may not be dismissed solely:

 2-6                 (1)  because a complainant did not take a polygraph

 2-7     examination; or

 2-8                 (2)  on the basis of the results of a polygraph

 2-9     examination taken by the complainant.

2-10           SECTION 2.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 467 passed the Senate on

         March 13, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 467 passed the House on

         May 21, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor