AN ACT

RELATING TO LAW ENFORCEMENT; PROVIDING THAT CERTAIN VICTIMS OF

SEXUAL OFFENSES ARE NOT REQUIRED TO SUBMIT TO A POLYGRAPH

EXAMINATION OR OTHER TRUTH-TELLING DEVICE AS A CONDITION FOR

INVESTIGATION, CHARGING OR PROSECUTION OF THE OFFENSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 30, Article 9 NMSA

1978 is enacted to read:

"VICTIMS--POLYGRAPH EXAMINATIONS--PROHIBITED ACTIONS.--A

law enforcement officer, prosecuting attorney or other

government official shall not ask or require an adult, youth

or child victim of a sexual offense provided in Sections

30-9-11 through 30-9-13 NMSA 1978 to submit to a polygraph

examination or other truth-telling device as a condition for

proceeding with the investigation, charging or prosecution of

the offense. The victim's refusal to submit to a polygraph

examination or other truth-telling device shall not prevent

the investigation, charging or prosecution of the offense."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2008.

HB 337

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