96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5931


 
Introduced 2/10/2010, by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 		





 








725 ILCS 200/1
  from Ch. 38, par. 1551








     Amends the Sex Offense Victim Polygraph Act.  Provides that a law enforcement officer,
State's Attorney or other official shall not ask or require an alleged victim of
criminal sexual assault, aggravated
criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse to submit to a
polygraph examination or any form of a mechanical or electrical lie
detector test (rather than as a condition for proceeding with the investigation, charging or
prosecution of such offense when the test is administered to the victim solely at the victim's request).
  















LRB096 18497 RLC 36259 b

















 


 


A BILL FOR









 




  






HB5931

LRB096 18497 RLC 36259 b





  
1
    AN ACT concerning criminal law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Sex Offense Victim Polygraph Act is amended  
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by changing Section 1 as follows:
 



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    (725 ILCS 200/1)  (from Ch. 38, par. 1551)



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    Sec. 1. Lie Detector Tests. (a) No law enforcement officer,

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State's Attorney or other official shall ask or require an 
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alleged victim of
an offense described in Sections 12-13 
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through 12-16 of
the Criminal Code of 1961, as amended,
to 
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submit to a
polygraph examination or any form of a mechanical 
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or electrical lie
detector test as a condition for proceeding 
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with the investigation, charging or
prosecution of such 
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offense, and such test shall be administered to such
victim 
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solely at the victim's request.

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    (b) A victim's refusal to submit to a polygraph or any form 
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of a
mechanical or electrical lie detector test shall not 
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mitigate against the
investigation, charging or prosecution of 
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the
pending case as originally charged.

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(Source: P.A. 85-664.)