By Nelson                                        S.B. No. 467

      75R1605 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting a peace officer or attorney representing

 1-3     the state from requiring that certain complainants submit to

 1-4     polygraph examinations.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 15.051, Code of Criminal Procedure, is

 1-7     amended to read as follows:

 1-8           Art. 15.051.  REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT

 1-9     PROHIBITED.  (a)  A peace officer or an attorney representing the

1-10     state may not require a polygraph examination of a person who

1-11     charges or seeks to charge in a complaint the commission of an

1-12     offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.

1-13           (b)  If a peace officer or an attorney representing the state

1-14     requests a polygraph examination of a person who charges or seeks

1-15     to charge in a complaint the commission of an offense listed in

1-16     Subsection (a), the officer or attorney must inform the complainant

1-17     that the examination is not required and that a complaint may not

1-18     be dismissed solely:

1-19                 (1)  because a complainant did not take a polygraph

1-20     examination; or

1-21                 (2)  on the basis of the results of a polygraph

1-22     examination taken by the complainant.

1-23           (c)  A peace officer or an [An] attorney representing the

 2-1     state may not take a polygraph examination of a person who charges

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

 2-3     Subsection (a) unless the officer or attorney provides the

 2-4     information in Subsection (b) to the person and the person signs a

 2-5     statement indicating the person understands the information.

 2-6           (d)  A complaint may not be dismissed solely:

 2-7                 (1)  because a complainant did not take a polygraph

 2-8     examination; or

 2-9                 (2)  on the basis of the results of a polygraph

2-10     examination taken by the complainant.

2-11           SECTION 2.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended,

2-16     and that this Act take effect and be in force from and after its

2-17     passage, and it is so enacted.