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.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offense Victim Polygraph Act is amended
5 by changing Section 1 as follows:
 
6     (725 ILCS 200/1)  (from Ch. 38, par. 1551)
7     Sec. 1. Lie Detector Tests. (a) No law enforcement officer,
8 State's Attorney or other official shall ask or require an
9 alleged victim of an offense described in Sections 12-13
10 through 12-16 of the Criminal Code of 1961, as amended, to
11 submit to a polygraph examination or any form of a mechanical
12 or electrical lie detector test as a condition for proceeding
13 with the investigation, charging or prosecution of such
14 offense, and such test shall be administered to such victim
15 solely at the victim's request.
16     (b) A victim's refusal to submit to a polygraph or any form
17 of a mechanical or electrical lie detector test shall not
18 mitigate against the investigation, charging or prosecution of
19 the pending case as originally charged.
20 (Source: P.A. 85-664.)