| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
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.
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 Summary of Bill |
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Hearing Date: 1/30/07
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 of the provisions in the 2005 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 to
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 to 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.