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F I S C A L I M P A C T R E P O R T

SPONSOR B Lujan

ORIGINAL DATE

LAST UPDATED

2/23/07

3/7/07 HB 1181/aHJC

SHORT TITLE Sexual Offense Victim Polygraph Tests

SB

ANALYST Wilson

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1

Non

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

Public Defender Department (PDD)

Sentencing Commission (SC)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment modifies the requirement that a victim of a criminal

offense must submit to a polygraph test or other examination by requiring that the examination

should be credibility examinations.

Synopsis of Original Bill

House Bill 1181

prohibits a law enforcement officer or prosecuting attorney from requesting or

requiring a victim of a criminal offense as provided in Sections 30-9-11 through 30-9-13 to

submit to a polygraph test or other examination as a condition for investigating a complaint or

offense. The bill also prohibits the use of the victim’s refusal to submit to a test or examination

as grounds for not investigating the complaint.

The following offenses are covered by the HB 1181 prohibitions:

Section 30-9-11 NMSA 1978 = criminal sexual penetration

Section 30-9-12 NMSA 1978 = criminal sexual contact

House Bill 1181/aHJC– Page

2

Section 30-9-13 NMSA 1978 = criminal sexual contact of a minor

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes.

SIGNIFICANT ISSUES

DPS notes the investigation of a sexual offense becomes even more difficult without physical

evidence, but the victim’s rights under Article II Sec. 24 of the New Mexico Constitution must

be guaranteed. Polygraph examinations done by the New Mexico State Police do not allow a

polygraph examiner to conduct an examination on the victim due to two paramount reasons, the

re-victimization of the victim during a polygraph and the high potential of receiving a false

negative even if the victim is honest during the exam.

TECHNICAL ISSUES

The AOC notes

HB 1181 does not contain a definition of “examination." If the prohibition

extends to all possible examinations then perhaps a definition is unnecessary.

OTHER SUBSTANTIVE ISSUES

SC provided the following:

• Many states have already passed legislation to prohibit or limit polygraph testing of sex

crimes victims, including Texas, California, and Illinois.

• Though there is no evidence that victims of sex crimes are less truthful than victims of

other violent crimes, some feel that sex crimes victims are routinely treated with higher

degrees of suspicion and doubt.

• The Violence Against Women Act (VAWA) established federal grant programs to assist

states, local governments, and other entities in preventing and responding to crimes such

as domestic violence and sexual assault. One of the provisions in the 2005 VAWA

requires grant applicants to certify that their laws, policies, or practices ensure that law

enforcement, prosecutors, and other government officials do not ask or require a victim

of a sex offense to take a polygraph examination as a condition to proceeding with an

investigation of that offense.

DW/mt