Title 34 — Crime Control and Law Enforcement
Chapter 101 — Justice System Improvement
§ 10451. Polygraph testing prohibition
Statutory text
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 , 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.
Prosecution
The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Omnibus Crime Control and Safe Streets Act of 1968
Pub. L. 90–351 title I § 2013 · 82 Stat. 197
Enacted · 34 U.S.C. § 10451
(Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), Jan. 5, 2006, 119 Stat. 2975.)
Source evidence
Code source credit
(Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), Jan. 5, 2006, 119 Stat. 2975.)
0 of 1 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 3796gg–8 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
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 10261 of this title.
Credits
(Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), , 119 Stat. 2975.)