HOUSE BILL REPORT
HB 1520
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Judiciary
Title: An act relating to polygraph examinations of sexual assault victims.
Brief Description: Concerning polygraph examinations of sexual assault victims.
Sponsors: Representatives Williams, Rodne, Simpson, Moeller, O'Brien, Kirby and Kenney.
Brief History:
Judiciary: 1/30/07, 1/31/07 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Trudes Tango (786-7384).
Background:
Polygraph examinations are sometimes used by law enforcement agencies as an investigative
tool. Washington courts have stated that polygraph evidence is inherently unreliable as an
indicator of deception. The results of a polygraph examination are not admissible as
evidence in a trial without the stipulation from both parties.
The Violence Against Women Act (VAWA) established federal grant programs to assist
states, local governments, and other entities in preventing and responding to crimes such as
domestic violence and sexual assault.
One provision in the 2005 enactment of the VAWA requires grant applicants to certify that
their laws, policies, or practices ensure that law enforcement, prosecutors, and other
government officials do not ask or require a victim of a sex offense to take a polygraph
examination as a condition of proceeding with an investigation of that offense.
Summary of Bill:
Law enforcement officers, prosecuting attorneys, and other government officials may not ask
or require a victim of an alleged sex offense to submit to a polygraph exam or other truth
telling device as a condition of proceeding with the investigation of the offense. The victim's
refusal to take a polygraph exam or other truth telling device shall not prevent the
investigation, charging, or prosecution of the offense.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The purpose of the bill is to comply with the Violence Against Women Act
requirements. Making a victim take a polygraph exam can deter victims from reporting the
crime. There is data showing that when a person is emotional and upset, as a sexual assault
victim would be, a polygraph exam is not accurate. Polygraph exams do not help in bringing
these types of cases forward. The purpose of federal STOP grants is to build a collaborative
and improved response in the system to victims of domestic violence and sexual assault. The
money received from these grants go to victim services, law enforcement, and prosecutors.
Washington needs to continue to be eligible to receive grants from VAWA. Washington gets
about $4 million dollars a year under the STOP grant and other federal grants.
(Opposed) None.
Persons Testifying: Christiane Hurt, Washington Coalition of Sexual Assault Programs; and Bev Emery, Office of Crime Victims Advocacy