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