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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 1831SC 76
2 6 mk/jw/5
Text: SSB00244 Text: SSB00246 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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