No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or any other truth-telling device as a condition precedent to investigating such alleged crime. The refusal of a victim to submit to a polygraph examination or any other truth-telling device shall not prevent an investigation or prosecution of any sexual assault.
(Code 1981, §17-5-73, enacted by Ga. L. 2008, p. 486, § 3/HB 1297.)
Cross references.- Negligent or improper administration of polygraph examination, § 51-1-37.
ARTICLE 5 IMMIGRANTS
Cross references.
- Offenses involving illegal aliens, § 16-11-200 et seq.
Cooperation of Georgia law enforcement with federal immigration authorities, § 35-1-6.
Secure and verifiable identity document act, § 50-36-2.
Immigration enforcement review board, § 50-36-3.
Editor's notes.- Ga. L. 2011, p. 794, § 1/HB 87, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Illegal Immigration Reform and Enforcement Act of 2011.'"
Ga. L. 2011, p. 794, § 21/HB 87, not codified by the General Assembly, provides that: "(a) If any provision or part of any provision of this Act or the application of the same is held invalid or unconstitutional, the invalidity shall not affect the other provisions or applications of this Act or any other part of this Act than can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.
"(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.
"(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights."
Ga. L. 2011, p. 794, § 22/HB 87, not codified by the General Assembly, provides, in part, that this article shall apply to offenses and violations occurring on or after July 1, 2011.
Administrative Rules and Regulations.- The Immigration Enforcement Review Board, Official Compilation of the Rules and Regulations of the State of Georgia, Title 291.
Law reviews.- For article on the 2011 enactment of this article, 28 Ga. St. U.L. Rev. 35 (2011). For article, "The Rise of Zero Tolerance and the Demise of Family," see 36 Ga. St. U.L. Rev. 287 (2020). For comment, "Immigration Detention Reform: No Band Aid Desired," see 60 Emory L.J. 1211 (2011).
RESEARCH REFERENCES
C.J.S.
- 3A Am. Jur.2d, Aliens and Citizens, § 284 et seq.
3A C.J.S., Aliens, § 672 et seq.