|
|
|
|
|
|
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 |