2007 Minnesota Statutes

611A.26 POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT
COMPLAINTS; LIMITATIONS.
    Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor shall
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.
    Subd. 2. Law enforcement inquiry. A law enforcement agency or prosecutor may not ask
that a complainant of a criminal sexual conduct offense submit to a polygraph examination as part
of the investigation, charging, or prosecution of such offense unless the complainant has been
referred to, and had the opportunity to exercise the option of consulting with a sexual assault
counselor as defined in section 595.02, subdivision 1, paragraph (k).
    Subd. 3. Informed consent requirement. 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 this subdivision.
    Subd. 4. Informed consent. To consent to a polygraph, a complainant must be informed
in writing that:
    (1) the taking of the polygraph examination is voluntary and solely at the victim's request;
    (2) a law enforcement agency or prosecutor may not ask or require that the complainant
submit to a polygraph examination;
    (3) the results of the examination are not admissible in court; and
    (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.
    Subd. 5. Polygraph refusal. A complainant's refusal to submit to a polygraph examination
shall not prevent the investigation, charging, or prosecution of the offense.
    Subd. 6. Definitions. For the purposes of this section, the following terms have the meanings
given.
    (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 609.344,
609.345, or 609.3451.
    (b) "Complainant" means a person reporting to have been subjected to criminal sexual
conduct.
    (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.
History: 2007 c 54 art 4 s 7
NOTE:This section, as added by Laws 2007, chapter 54, article 4, section 7, is effective
July 1, 2008. Laws 2007, chapter 54, article 4, section 7, the effective date.