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.
1-47 * * * * *