What is the name of your state? CA
CA Penal Code reads as follows:
637.4. (a) No state or local governmental agency involved in the
investigation or prosecution of crimes, or any employee thereof,
shall require or request any complaining witness, in a case involving
the use of force, violence, duress, menace, or threat of great
bodily harm in the commission of any sex offense, to submit to a
polygraph examination as a prerequisite to filing an accusatory
pleading.
(b) Any person who has been injured by a violator of this section
may bring an action against the violator for his actual damages or
one thousand dollars ($1,000), whichever is greater.
Accusatory Pleading is defined by the penal code as:
950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.
The problem is this: I take PC 637.4 to mean that polygraphs cannot be required as a prerequisite to filing charges, which means it cannot be required during the course of an investigation.
The detective on my case says that he takes it to mean that they can't require a polygraph prior to a complaining witness (victim) filing a report. When advised that I would like to get a lawyer's definition, he was not very accomodating.
Can someone please explain in laymen's terms exactly what PC 637.4 means? Thank you!
CA Penal Code reads as follows:
637.4. (a) No state or local governmental agency involved in the
investigation or prosecution of crimes, or any employee thereof,
shall require or request any complaining witness, in a case involving
the use of force, violence, duress, menace, or threat of great
bodily harm in the commission of any sex offense, to submit to a
polygraph examination as a prerequisite to filing an accusatory
pleading.
(b) Any person who has been injured by a violator of this section
may bring an action against the violator for his actual damages or
one thousand dollars ($1,000), whichever is greater.
Accusatory Pleading is defined by the penal code as:
950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.
The problem is this: I take PC 637.4 to mean that polygraphs cannot be required as a prerequisite to filing charges, which means it cannot be required during the course of an investigation.
The detective on my case says that he takes it to mean that they can't require a polygraph prior to a complaining witness (victim) filing a report. When advised that I would like to get a lawyer's definition, he was not very accomodating.
Can someone please explain in laymen's terms exactly what PC 637.4 means? Thank you!
