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  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