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.