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.