42-U.S.C.-3796GG-8

§3796Gg-8 – §3796Gg-8. Polygraph Testing Prohibition

Pathway

Title 42 > Chapter 46 > Subchapter XII-H > Section 3796gg-8

Details

• Reference: Section 3796gg-8
• Legend: §3796Gg-8 – §3796Gg-8. Polygraph Testing Prohibition
• USCode Year: 2011

Provision Content

(a) In general

In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense.

(b) Prosecution

The refusal of a victim to submit to an examination described in subsection (a) of this section shall not prevent the investigation, charging, or prosecution of the offense.

(Pub. L. 90–351, title I, §2013, as added Pub. L. 109–162, title I, §101(g), Jan. 5, 2006, 119 Stat. 2975.)

Effective Date

Section not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 3793 of this title.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-3796GG-5 in the Legal Encyclopedia: Justice System

In this entry about 42-U.S.C.-3796GG-5, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.

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