Bill Text: TX SB358 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB358 Detail]
Download: Texas-2013-SB358-Enrolled.html
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) [ |
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be arrested and detained as provided in Section 21 [ |
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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 [ |
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proceed with an adjudication of guilt on the original charge is | ||
reviewable in the same manner as a revocation hearing conducted | ||
under Section 21 [ |
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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) [ |
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that information in the report required under Section 9(a) [ |
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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 |