1-1           By:  Nelson                                      S.B. No. 467

 1-2           (In the Senate - Filed February 6, 1997; February 11, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     March 5, 1997, reported favorably by the following vote:  Yeas 5,

 1-5     Nays 0; March 5, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to prohibiting a peace officer or attorney representing

 1-9     the state from requiring that certain complainants submit to

1-10     polygraph examinations.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Article 15.051, Code of Criminal Procedure, is

1-13     amended to read as follows:

1-14           Art. 15.051.  REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT

1-15     PROHIBITED.  (a)  A peace officer or an attorney representing the

1-16     state may not require a polygraph examination of a person who

1-17     charges or seeks to charge in a complaint the commission of an

1-18     offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.

1-19           (b)  If a peace officer or an attorney representing the state

1-20     requests a polygraph examination of a person who charges or seeks

1-21     to charge in a complaint the commission of an offense listed in

1-22     Subsection (a), the officer or attorney must inform the complainant

1-23     that the examination is not required and that a complaint may not

1-24     be dismissed solely:

1-25                 (1)  because a complainant did not take a polygraph

1-26     examination; or

1-27                 (2)  on the basis of the results of a polygraph

1-28     examination taken by the complainant.

1-29           (c)  A peace officer or an [An] attorney representing the

1-30     state may not take a polygraph examination of a person who charges

1-31     or seeks to charge the commission of an offense listed in

1-32     Subsection (a) unless the officer or attorney provides the

1-33     information in Subsection (b) to the person and the person signs a

1-34     statement indicating the person understands the information.

1-35           (d)  A complaint may not be dismissed solely:

1-36                 (1)  because a complainant did not take a polygraph

1-37     examination; or

1-38                 (2)  on the basis of the results of a polygraph

1-39     examination taken by the complainant.

1-40           SECTION 2.  The importance of this legislation and the

1-41     crowded condition of the calendars in both houses create an

1-42     emergency and an imperative public necessity that the

1-43     constitutional rule requiring bills to be read on three several

1-44     days in each house be suspended, and this rule is hereby suspended,

1-45     and that this Act take effect and be in force from and after its

1-46     passage, and it is so enacted.

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