HBA-DMD C.S.H.B. 3175 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3175 By: King, Phil Public Safety 4/23/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Over 600 law enforcement agencies in 40 states utilize voice stress analysis instrumentation to solve crimes. Texas precludes its use due to the Polygraph Examiners Act, which prohibits any technology that purports to detect deception or to verify the truth of statements through the use of instrumentation. C.S.H.B. 3175 excepts a licensed peace officer, who is a certified voice stress analyzer examiner of a computerized voice stress analyzer in an official criminal investigation, from the requirement that the Polygraph Examiners Act regulates all persons who purport to be able to detect deception or to the verify truth of statements through the use of instrumentation. At the same time, C.S.H.B. 3175 prohibits a peace officer from using a computerized voice stress analyzer to interview a crime victim without the victim's consent. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2, Article 4413(29cc), V.T.C.S. (The Polygraph Examiners Act), as follows: Sec. 2. New Title: PURPOSE; APPLICABILITY. Provides that this Act does not apply to the use by a licensed peace officer, who is a certified voice stress analyzer examiner of a computerized voice stress analyzer in an official criminal investigation, notwithstanding Subsection (a) which regulates all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. SECTION 2. Amends Chapter 15, Code of Criminal Procedure, by adding Article 15.052, as follows: Art. 15.052. VICTIM'S CONSENT REQUIRED FOR USE OF COMPUTERIZED VOICE STRESS ANALYZER. Prohibits a peace officer from using a computerized voice stress analyzer to interview a victim of a crime being investigated without the victim's written consent. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3175 nonsubstantively modifies the original bill in the caption. This substitute differs from the original bill in SECTION 1 (Section 2, Article 4413(29cc), V.T.C.S. (The Polygraph Examiners Act)), by changing the title of the section from "Purpose" to "Purpose; Applicability" in this substitute. This substitute also adds proposed Subsection (b), by moving the text added to the original bill in Subsection (a), to the proposed Subsection (b). Makes nonsubstantive changes. This substitute differs from the original bill by redesignating SECTION 2 (short emergency clause) of the original bill to SECTION 3 (long emergency clause) in the substitute. This substitute adds new SECTION 2 (proposed Article 15.052, Code of Criminal Procedure), which prohibits a peace officer from using a computerized voice stress analyzer to interview a victim of a crime being investigated without the victim's written consent.