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relating to the use of a polygraph statement as evidence that a |
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defendant or releasee from the Texas Department of Criminal Justice |
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has violated a condition of release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 5, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(b) On violation of a condition of community supervision |
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imposed under Subsection (a) [of this section], the defendant may |
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be arrested and detained as provided in Section 21 [of this
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article]. The defendant is entitled to a hearing limited to the |
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determination by the court of whether it proceeds with an |
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adjudication of guilt on the original charge. The court may not |
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proceed with an adjudication of guilt on the original charge if the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of community supervision is the uncorroborated |
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results of a polygraph examination. The [This] determination to |
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proceed with an adjudication of guilt on the original charge is |
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reviewable in the same manner as a revocation hearing conducted |
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under Section 21 [of this article] in a case in which an |
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adjudication of guilt had not been deferred. After an adjudication |
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of guilt, all proceedings, including assessment of punishment, |
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pronouncement of sentence, granting of community supervision, and |
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defendant's appeal continue as if the adjudication of guilt had not |
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been deferred. A court assessing punishment after an adjudication |
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of guilt of a defendant charged with a state jail felony may suspend |
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the imposition of the sentence and place the defendant on community |
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supervision or may order the sentence to be executed, regardless of |
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whether the defendant has previously been convicted of a felony. |
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SECTION 2. Subsection (c), Section 21, Article 42.12, Code |
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of Criminal Procedure, is amended to read as follows: |
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(c) The court may not revoke the community supervision of a |
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defendant if, at the community supervision revocation hearing, the |
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court finds that the only evidence supporting the alleged violation |
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of a condition of community supervision is the uncorroborated |
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results of a polygraph examination. In a community supervision |
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revocation hearing at which it is alleged only that the defendant |
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violated the conditions of community supervision by failing to pay |
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compensation paid to appointed counsel, community supervision |
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fees, or court costs, the state must prove by a preponderance of the |
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evidence that the defendant was able to pay and did not pay as |
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ordered by the judge. The court may order a community supervision |
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and corrections department to obtain information pertaining to the |
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factors listed under Article 42.037(h) [of this code] and include |
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that information in the report required under Section 9(a) [of this
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article] or a separate report, as the court directs. |
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SECTION 3. Section 508.281, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A parole panel or designated agent of the board may not |
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revoke the parole or mandatory supervision of a releasee if the |
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parole panel or designated agent finds that the only evidence |
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supporting the alleged violation of a condition of release is the |
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uncorroborated results of a polygraph examination. |
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SECTION 4. The change in law made by this Act applies to a |
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hearing held under Section 5 or 21, Article 42.12, Code of Criminal |
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Procedure, or Section 508.281, Government Code, on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 358 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0; |
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May 22, 2013, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 23, 2013, House |
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granted request of the Senate; May 26, 2013, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 358 passed the House, with |
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amendments, on May 17, 2013, by the following vote: Yeas 112, |
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Nays 27, two present not voting; May 23, 2013, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 26, 2013, House adopted Conference Committee Report by the |
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following vote: Yeas 116, Nays 22, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |