776.21 “Law enforcement officer” and “victim” defined; submitting victim to polygraph examination or lie detector test; giving polygraph examination or lie detector test

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776.21 “Law enforcement officer” and “victim” defined; submitting victim to polygraph examination or lie detector test; giving polygraph examination or lie detector test to defendant upon request.

Sec. 21.

(1)As used in this section:

(a)"Law enforcement officer" means a police officer of a county, city, village, township, or this state; a college or university public safety officer; a prosecuting attorney, assistant prosecuting attorney, or an investigator for the office of prosecuting attorney; or any other person whose duty is to enforce the laws of this state.

(b)"Victim" means a person who is a victim of a crime under sections 520b to 520e and 520g of Act No. 328 of the Public Acts of 1931, being sections 750.520b to 750.520e and 750.520g of the Michigan Compiled Laws.

(2)A law enforcement officer shall not request or order a victim to submit to a polygraph examination or lie detector test. A law enforcement officer shall not inform a victim of the option of taking a polygraph examination or lie detector test unless the victim inquires concerning such a test or as provided by subsection (3).

(3)A law enforcement officer shall inform the victim when the person accused of a crime specified in subsection (1)(b) has voluntarily submitted to a polygraphic examination or lie detector test and the test indicates that the person may not have committed the crime.

(4)Subsections

(2)and

(3)apply only to a polygraph examination or lie detector test which is requested, ordered, or given in regard to a person being a victim.

(5)A defendant who allegedly has committed a crime under sections 520b to 520e and 520g of Act No. 328 of the Public Acts of 1931, shall be given a polygraph examination or lie detector test if the defendant requests it.

History: Add. 1980, Act 454, Eff. Mar. 31, 1981