Text: HF00624 Text: HF00626 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 229A.2, subsection 5, Code 2001, is 1 2 amended to read as follows: 1 3 5. "Predatory" means acts directed toward a personwith1 4whom a relationship has been established or promotedfor the 1 5 primary purpose of victimization. 1 6 Sec. 2. Section 915.44, Code 2001, is amended to read as 1 7 follows: 1 8 915.44 POLYGRAPH EXAMINATIONS OF VICTIMS OR WITNESSES – 1 9 LIMITATIONS. 1 10 1. A criminal or juvenile justice agency shall notrequire1 11 request that a person claiming to be a victim of sexual 1 12 assault or claiming to be a witness regarding the sexual 1 13 assault of another persontosubmit to a polygraph or similar 1 14 examination as a precondition to the agency conducting an 1 15 investigation into the matter. 1 16 2.An agency wishingA victim or witness who is requested 1 17 to perform a polygraph examinationof a person claiming to be1 18a victim or witness of sexual assaultshallinform the person1 19 be informed by the examining agency of the following: 1 20 a. That taking the polygraph examination is voluntary. 1 21 b. That the results of the examination are not admissible 1 22 in court. 1 23 c. That the person's decision to submit or refuse a 1 24 polygraph examination will not be the sole basis for a 1 25 decision by the agency not to investigate the matter. 1 26 3. An agency which declines to investigate an alleged case 1 27 of sexual assaultfollowing a decision by a person claiming to1 28be a victim not to submit to a polygraph examinationshall 1 29 provide to that person, in writing, the reasons why the agency 1 30 did not pursue the investigation at the request of the person. 1 31 EXPLANATION 1 32 This bill relates to predatory acts and polygraphs of 1 33 sexual assault victims and witnesses. 1 34 The bill makes changes to the definition of a predatory act 1 35 in Code section 229A.2. The bill provides that a predatory 2 1 act means an act directed toward a person for the primary 2 2 purpose of victimization. Current law provides that a 2 3 predatory act means an act directed toward a person with whom 2 4 a relationship has been established or promoted for the 2 5 primary purpose of victimization. 2 6 The bill also provides that a law enforcement agency may 2 7 not even request a victim of sexual assault or a witness to 2 8 the assault to submit to a polygraph examination before an 2 9 investigation is conducted. The bill further provides that if 2 10 a law enforcement agency declines to investigate a sexual 2 11 assault, the agency shall provide the victim, in writing, the 2 12 reason for not investigating. Current law provides that a law 2 13 enforcement agency may not require a victim or witness to 2 14 submit to a polygraph examination before an investigation is 2 15 conducted. Current law also provides if a law enforcement 2 16 agency declines to investigate a sexual assault, the agency 2 17 only needs to provide the victim, in writing, the reasons for 2 18 not investigating, if the victim had declined to take a 2 19 polygraph examination. 2 20 LSB 3043HH 79 2 21 jm/gg/8
Text: HF00624 Text: HF00626 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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