LRB-2819/1
RLR:jld:jf
2001 - 2002 LEGISLATURE
August 31, 2001 - Introduced by Representatives Walker, Wasserman, Jeskewitz,
Kedzie, Kestell, Ladwig, La Fave, Lippert, McCormick, Owens, Starzyk,
Staskunas and Stone, cosponsored by Senators Burke, Hansen and Plache.
Referred to Committee on Corrections and the Courts.
AB484,1,2
1An Act to create 968.265 of the statutes;
relating to: lie detector tests of sexual
2assault 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 general,
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, though current law 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 and district attorneys from
requiring, 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 and district attorneys from providing the victim
information regarding lie detector tests unless the victim requests such information.
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:
AB484, s. 1
1Section
1. 968.265 of the statutes is created to read:
AB484,2,3
2968.265 Lie detector tests; sexual assault victims. (1) In this section, "lie
3detector" has the meaning given in s. 111.37 (1) (b).
AB484,2,9
4(2) If a person reports to a law enforcement officer or a district attorney that
5he or she was the victim of an offense under s. 940.22 (2), 940.225, or 948.02 (1) or
6(2), no law enforcement officer or district attorney may in connection with the report
7order, request, or suggest that the person submit to a test using a lie detector, or
8provide the person information regarding tests using lie detectors unless the person
9requests information regarding tests using lie detectors.
