                                 CODE OF VIRGINIA

WRITTEN NOTICE REQUIRED FOR COMPLAINING WITNESS WHO IS REQUESTED TO TAKE
POLYGRAPH TEST (§ 19.2-9.1)

A. For offenses not specified in subsection B, if a complaining witness is
requested to submit to a polygraph examination during the course of a criminal
investigation, such witness shall be informed in writing prior to the
examination that (i) the examination is voluntary, (ii) the results thereof are
inadmissible as evidence and (iii) the agreement of the complaining witness to
submit thereto shall not be the sole condition for initiating or continuing the
criminal investigation.

B. No law-enforcement officer, attorney for the Commonwealth, or other
government official shall ask or require a victim of an alleged sex offense to
submit to a polygraph examination or other truth-telling device as a condition
for proceeding with the investigation of such an offense. If a victim is
requested to submit to a polygraph examination during the course of a criminal
investigation, such victim shall be informed in writing of the provisions of
subsection A and that the refusal of a victim to submit to such an examination
shall not prevent the investigation, charging, or prosecution of the offense.

C. A &#8220;sex offense,&#8221; for the purposes of this section, shall mean any
offense set forth in Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title
18.2.

HISTORY: 1994, c. 336; 2008, cc. 512, 748.