SENATE BILL NO. 251
AN ACT TO AMEND TITLE 11, CHAPTER 94 OF THE DELAWARE CODE RELATING TO THE VICTIMS' BILL OF RIGHTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Title 11, Chapter 94, of the Delaware Code by adding a new §9420 as follows:
“§9420. Polygraph testing of a victim.
(a) A law enforcement officer, prosecuting officer or other government official shall not ask or require an adult, youth or child victim of an alleged sex offense as defined in Title 11, Chapter 5, Subchapter II, Subpart D, to submit to a polygraph examination or truth telling device as a condition for proceeding with the investigation.
(b) In any event, the refusal of a victim to submit to a polygraph examination or other truth telling device shall not prevent the investigation, charging or prosecution of an alleged sex offense, defined in Title 11, Chapter 5, Subchapter II, Subpart D, against the victim.”
Approved July 3, 2008