By: Hinojosa S.B. No. 358
(In the Senate - Filed February 4, 2013; February 11, 2013,
read first time and referred to Committee on Criminal Justice;
March 18, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 18, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 358 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
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 an uncorroborated
polygraph statement. 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 an uncorroborated
polygraph statement. 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 an
uncorroborated polygraph statement.
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.
* * * * *