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34 U.S.C. § 10451 — Polygraph testing prohibition

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10451 — Polygraph testing prohibition

**(a) In general** In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense. **(b) Prosecution** The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.

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Stable record: federal_law:legal_authorities:record_usc_4e06ec51952466207b46dd27
Source file: Laws/federal/codes/united-states-code/title-34/section-10451-polygraph-testing-prohibition--222ae5fea5.md
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Source location: Title 34, Chapter 101, § 10451; chapter-101-justice-system-improvement.md

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**(a) In general** In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense. **(b) Prosecution** The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796gg–8 — Transferred

### Statutory Notes #### Codification Section 3796gg–6 was editorially reclassified as [section 20121 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20121&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10261 — Authorization of appropriations

**(a)** (1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics. (2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice. (3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, part F,11 See References in Text note below. subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 22 So in original. XXX. (4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI of this chapter. (5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 33 So in original. Phrase “(other than subpart 2 of part B)” probably should not appear. (other than subpart 1 of part B of subchapter V) of this chapter. (6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 44 So in original. Probably should be “years”. 1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter. (7) There is authorized to be appropriated to carry out s

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10446 — State grants

**(a) General grants** The Attorney General may make grants to States, for use by States, State and local courts (including juvenile courts), units of local government, victim service providers, and Indian tribal governments for the purposes described in [section 10441(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/b&num=0&edition=prelim). **(b) Amounts** Of the amounts appropriated for the purposes of this subchapter— (1) 10 percent shall be available for grants under the program authorized by [section 10452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10452&num=0&edition=prelim), which shall not otherwise be subject to the requirements of this subchapter (other than [section 10447 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10447&num=0&edition=prelim)); (2) 2.5 percent shall be available for grants for State domestic violence coalitions under [section 10441(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/c&num=0&edition=prelim), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.,11 So in original. each receiving an amount equal to 1⁄56 of the total amount made available under this paragraph for each fiscal year; (3) 2.5 percent shall be available for grants for State sexual assault coalitions under [section 10441(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/c&

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796gg–10 — Transferred

### Statutory Notes #### Codification Section 3796gg–8 was editorially reclassified as [section 10451 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10451&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10451 — Polygraph testing prohibition

Page 144 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10451 1 So in original. Probably should be followed by ‘‘and’’. assault, or stalking’’ after ‘‘felony domestic violence’’ and substituted ‘‘victim of domestic violence, dating violence, sexual assault, or stalking’’ for ‘‘victim of do- mestic violence, stalking, or sexual assault’’. 2000—Pub. L. 106–386, § 1101(b)(1)(A), in section catch- line, substituted ‘‘Costs’’ for ‘‘Filing costs’’ and in- serted ‘‘and protection orders’’ after ‘‘charges’’. Subsec. (a)(1). Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence of- fender, or the costs associated with the issuance or service of a warrant, protection order, or witness sub- poena; or’’. Subsec. (a)(2)(B). Pub. L. 106–386, § 1101(b)(1)(B)(ii), substituted ‘‘2 years after October 28, 2000’’ for ‘‘2 years’’. Subsec. (c). Pub. L. 106–386, § 1101(b)(1)(C), added sub- sec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under sec- tion 2261 of Title 18, Crimes and Criminal Procedure. § 10451. Polygraph testing prohibition (a) In general In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local govern- ment shall certify that, not later than 3 years after January 5, 2006, their

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