Adopted by House 3-4-07
SB512 H JUD AM 3-1 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL
PROCEDURE.
§62-6-8. Alleged victim of sexual offense may not be required to
submit to a polygraph examination or other truth
telling device as a condition of investigating an
alleged offense nor may prosecutors or law-enforcement
officers decline to proceed if the victim refuses such
examination.
No law-enforcement officer, prosecutor or any other government
official may ask or require the adult, youth or child victim of an
alleged sexual offense, as set forth in the provisions of section
six, article eight, chapter sixty-one; section six, article twelve,
chapter sixty-one; section five, article eight-D, chapter sixty-
one; and article eight-B, chapter sixty-one, or any other sexual
offense as defined under state or local law, to submit to a
polygraph examination or other truth-testing examination as a
condition for proceeding with the investigation of the alleged
offense. No law-enforcement officer, prosecutor or any other
government official may refuse to proceed with an investigation,
warrant, indictment, information or prosecution of the alleged offense because the alleged victim refused to submit to such an
examination.