Text: HF00294 Text: HF00296 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 709.17 POLYGRAPH EXAMINATIONS OF 1 2 VICTIMS &endash; LIMITATIONS. 1 3 A criminal or juvenile justice agency shall not require a 1 4 person claiming to be a victim of sexual abuse or claiming to 1 5 be a witness regarding the sexual abuse of another person to 1 6 submit to a polygraph or similar examination as a precondition 1 7 to the agency conducting an investigation into the matter. An 1 8 agency wishing to perform a polygraph examination of a person 1 9 claiming to be a victim or witness shall inform the person of 1 10 the following: 1 11 1. That taking the polygraph examination is voluntary. 1 12 2. That the results of the examination are not admissible 1 13 in court. 1 14 3. That the person's decision to submit or refuse a 1 15 polygraph examination will not be the sole basis for a 1 16 decision by the agency not to investigate the matter. 1 17 An agency which declines to investigate an alleged case of 1 18 sexual abuse following a decision by a person claiming to be a 1 19 victim or witness not to submit to a polygraph examination 1 20 shall provide to that person, in writing, the reasons why the 1 21 agency did not pursue the investigation at the request of the 1 22 person. 1 23 EXPLANATION 1 24 This bill provides that a criminal or juvenile justice 1 25 agency shall not make the submission to a polygraph 1 26 examination by a person claiming to be a victim of sexual 1 27 abuse or a witness regarding the sexual abuse of another the 1 28 sole criteria for a decision not to investigate the matter. 1 29 The bill also provides that an agency which desires a person 1 30 claiming to be a victim of or witness to sexual abuse to take 1 31 a polygraph test to inform the person that submitting to the 1 32 test is voluntary, that the test is not admissible in court, 1 33 and that the person's decision whether or not to submit to the 1 34 test will not be the sole factor in whether the agency 1 35 investigates the matter or not. Finally, the bill provides 2 1 that the agency must provide a written response to a person 2 2 claiming to be a victim of or witness to sexual abuse stating 2 3 the reasons why an investigation was not pursued if the person 2 4 requests it. 2 5 LSB 1831HH 76 2 6 mk/jw/5
Text: HF00294 Text: HF00296 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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