915.44  Polygraph examinations of victims or witnesses--limitations.

1.  A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an investigation into the matter.

2.  An agency wishing to perform a polygraph examination of a person claiming to be a victim or witness of sexual assault shall inform the person of the following:

a.  That taking the polygraph examination is voluntary.

b.  That the results of the examination are not admissible in court.

c.  That the person's decision to submit or refuse a polygraph examination will not be the sole basis for a decision by the agency not to investigate the matter.

3.  An agency which declines to investigate an alleged case of sexual assault following a decision by a person claiming to be a victim not to submit to a polygraph examination shall provide to that person, in writing, the reasons why the agency did not pursue the investigation at the request of the person.

Section History: Recent form

  98 Acts, ch 1090, §37, 84

Internal References

  Referred to in § 915.27


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