HF 1354

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; prohibiting mandatory polygraphs for criminal sexual conduct
victims; proposing coding for new law in Minnesota Statutes, chapter 611A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL
CONDUCT COMPLAINTS; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Polygraph prohibition. new text end

new text begin No law enforcement agency or prosecutor
shall ask or require that a complainant of a criminal sexual conduct offense submit to a
polygraph examination as part of or a condition to proceeding with the investigation,
charging, or prosecution of such offense.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent requirement. new text end

new text begin At the request of the complainant, a law
enforcement agency may conduct a polygraph examination of the complainant only with
the complainant's written, informed consent as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Informed consent. new text end

new text begin To consent to a polygraph, a complainant must be
informed in writing that:
new text end

new text begin (1) the taking of the polygraph examination is voluntary and solely at the victim's
request;
new text end

new text begin (2) a law enforcement agency or prosecutor may not ask or require that the
complainant submit to a polygraph examination;
new text end

new text begin (3) the results of the examination are not admissible in court; and
new text end

new text begin (4) the complainant's refusal to take a polygraph examination may not be used
as a basis by the law enforcement agency or prosecutor not to investigate, charge, or
prosecute the offender.
new text end

new text begin Subd. 4. new text end

new text begin Polygraph refusal. new text end

new text begin A complainant's refusal to submit to a polygraph
examination shall not prevent the investigation, charging, or prosecution of the offense.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.
new text end

new text begin (b) "Complainant" means a person reporting to have been subjected to criminal
sexual conduct.
new text end

new text begin (c) "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
new text end