LRB-4253/1
CMH&MGD:jld:ch
2003 - 2004 LEGISLATURE
February 20, 2004 - Introduced by Senators Lassa, Brown and Kedzie,
cosponsored by Representatives
Suder, McCormick, Sinicki, Musser,
Nischke, Kreibich, Owens, Miller and LeMahieu. Referred to Committee on
Judiciary, Corrections and Privacy.
SB479,1,2
1An Act to create 950.04 (1v) (dL) and 968.265 of the statutes;
relating to: lie
2detector tests of sexual assault victims.
Analysis by the Legislative Reference Bureau
Current law imposes several limitations on the use of lie detector tests,
including polygraph tests and other types of honesty tests. It is a crime to require
a person to submit to a lie detector test or to administer a lie detector test to a person
without obtaining the person's prior written and informed consent to the test, except
that the Department of Corrections and the Department of Health and Family
Services may require sex offenders to submit to lie detector tests absent consent. In
addition, an employer may not require or suggest that an employee or prospective
employee submit to a lie detector test, nor use any test results as grounds for negative
action against an employee. Current law, however, provides exceptions to the
general rule for certain investigations of business theft and for certain businesses
related to security or controlled substances.
This bill prohibits law enforcement officers from ordering, requesting, or
suggesting that a person who alleges that he or she is the victim of a sexual assault
submit to a lie detector test, regardless of whether the victim gives prior written and
informed consent to the test. The bill also prohibits law enforcement officers from
providing the victim information regarding lie detector tests unless the victim
requests such information. Similarly, if a person reports to a district attorney that
he or she was the victim of a sexual assault, the district attorney may not order the
person to submit to a lie detector test. The bill also prohibits a district attorney from
suggesting or requesting that the victim submit to a lie detector test without first
providing the person with notice and an explanation of his or her right not to submit
to one.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB479, s. 1
1Section
1. 950.04 (1v) (dL) of the statutes is created to read:
SB479,2,62
950.04
(1v) (dL) To not be the subject of a law enforcement officer's or district
3attorney's order, request, or suggestion that he or she submit to a test using a lie
4detector, as defined in s. 111.37 (1) (b), if he or she claims to have been the victim of
5a sexual assault under s. 940.22 (2), 940.225, or 948.02 (1) or (2), except as permitted
6under s. 968.265.
SB479, s. 2
7Section
2. 968.265 of the statutes is created to read:
SB479,2,9
8968.265 Lie detector tests; sexual assault victims. (1) In this section, "lie
9detector" has the meaning given in s. 111.37 (1) (b).
SB479,2,15
10(2) If a person reports to a law enforcement officer that he or she was the victim
11of an offense under s. 940.22 (2), 940.225, or 948.02 (1) or (2), no law enforcement
12officer may in connection with the report order, request, or suggest that the person
13submit to a test using a lie detector, or provide the person information regarding tests
14using lie detectors unless the person requests information regarding tests using lie
15detectors.
SB479,2,18
16(3) If a person reports to a district attorney that he or she was the victim of an
17offense under s. 940.22 (2), 940.225, or 948.02 (1) or (2), no district attorney may do
18any of the following in connection with the report:
SB479,2,1919
(a) Order that the person submit to a test using a lie detector.
SB479,3,3
1(b) Suggest or request that the person submit to a test using a lie detector
2without first providing the person with notice and an explanation of his or her right
3not to submit to such a test.
