19.2-9.1 - Written notice required for complaining witness who is requested to take polygraph test. - Virginia Statutes

§ 19.2-9.1. Written notice required for complaining witness who is requestedto take polygraph test.

A. For offenses not specified in subsection B, if a complaining witness isrequested to submit to a polygraph examination during the course of acriminal investigation, such witness shall be informed in writing prior tothe examination that (i) the examination is voluntary, (ii) the resultsthereof are inadmissible as evidence and (iii) the agreement of thecomplaining witness to submit thereto shall not be the sole condition forinitiating or continuing the criminal investigation.

B. No law-enforcement officer, attorney for the Commonwealth, or othergovernment official shall ask or require a victim of an alleged sex offenseto submit to a polygraph examination or other truth-telling device as acondition for proceeding with the investigation of such an offense. If avictim is requested to submit to a polygraph examination during the course ofa criminal investigation, such victim shall be informed in writing of theprovisions of subsection A and that the refusal of a victim to submit to suchan examination shall not prevent the investigation, charging, or prosecutionof the offense.

C. A "sex offense," for the purposes of this section, shall mean anyoffense set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

(1994, c. 336; 2008, cc. 512, 748.)