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Senate File 286

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 709.17, Code 1997, is amended to read
  1  2 as follows:
  1  3    709.17  POLYGRAPH EXAMINATIONS OF VICTIMS OR WITNESSES –
  1  4 LIMITATIONS.
  1  5    A criminal or juvenile justice agency shall not request or
  1  6 require a person claiming to be a victim of sexual abuse or
  1  7 claiming to be a witness regarding the sexual abuse of another
  1  8 person to submit to a polygraph or similar examination as a
  1  9 precondition to the agency conducting an investigation into
  1 10 the matter.  An agency wishing to perform A victim or witness
  1 11 who requests a polygraph examination of a person claiming to
  1 12 be a victim or witness shall inform the person be informed of
  1 13 the following prior to the examination:
  1 14    1.  That taking the polygraph examination is voluntary.
  1 15    2.  That the results of the examination are not admissible
  1 16 in court.
  1 17    3.  That the person's decision to submit or refuse a
  1 18 polygraph examination will not be the sole basis for a
  1 19 decision by the agency to investigate or not to investigate
  1 20 the matter.
  1 21    An agency which declines to investigate an alleged case of
  1 22 sexual abuse following a decision by a person claiming to be a
  1 23 victim not to submit to a polygraph examination shall provide
  1 24 to that person, in writing, the reasons why the agency did not
  1 25 pursue the investigation at the request of the person.  
  1 26                              EXPLANATION
  1 27    This bill makes changes in the current requirements for the
  1 28 taking of polygraph examinations of victims of or witnesses to
  1 29 sexual abuse.  Under the bill, a criminal or juvenile justice
  1 30 agency may no longer request a polygraph examination as a
  1 31 precondition to an investigation.  Currently, those agencies
  1 32 are prohibited from requiring the examination as a
  1 33 precondition to investigation.  The requirement that agencies
  1 34 wishing to perform a polygraph examination must inform the
  1 35 person to be examined that the polygraph is voluntary, that
  2  1 the results are not admissible, and that the decision to
  2  2 submit or not to submit will not be the sole basis for a
  2  3 decision to investigate or not to investigate is changed to
  2  4 simply require that a person who requests to submit to a
  2  5 polygraph be so informed prior to submission to the
  2  6 examination.  Language currently requiring the criminal or
  2  7 juvenile justice agency to send an explanation of why an
  2  8 investigation was not pursued to a sexual abuse victim or
  2  9 witness, if the agency did not investigate and the person
  2 10 decided not to submit to the polygraph, is deleted.  
  2 11 LSB 2525SS 77
  2 12 lh/jw/5
     
Text: SF00285                           Text: SF00287
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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