HB421INTRODUCED
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HB421
T4MI519-1
By Representatives Faulkner, Stringer, Pettus, Woods, Colvin,
Bolton, Hendrix, Bedsole, Treadaway
RFD: Public Safety and Homeland Security
First Read: 04-Apr-24
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6 T4MI519-1 04/04/2024 CNB (L)bm 2024-1328
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First Read: 04-Apr-24
SYNOPSIS:
Under existing law, during a polygraph
examination, a polygraph examiner must use an
instrument that records visually, permanently, and
simultaneously a subject's cardiovascular pattern,
respiratory pattern, and galvanic skin response.
This bill would create the definition of a
"polygraph device" and would specify that a polygraph
device does not include equipment or devices used for
the purpose of computer voice stress analysis.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Polygraph Examiners Board; to amend
Sections 34-25-2, 34-25-3, and 34-25-20, Code of Alabama 1975,
to define "polygraph device"; to specify that a polygraph
device does not include equipment or devices used for the
prupose of computer voice stress analysis; and to make
nonsubstantive, technical revisions to update the existing
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nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-25-2, 34-25-3, and 34-25-20,
Code of Alabama 1975, are amended to read as follows:
"§34-25-2
For the purposes of this chapter, the following terms
shall have the following respective meanings ascribed by this
section:
(1) BOARD. The Polygraph Examiners Board.
(2) CHAIRMANCHAIR. That The member of the Polygraph
Examiners Board selected by the board to act as chairmanchair.
(3) INTERNSHIP. The study of polygraph examinations and
of the administration of polygraph examinations by a trainee
under the personal supervision and control of a polygraph
examiner in accordance with a course of study prescribed by
the board at the commencement of such the internship.
(4) PERSON. Any natural person, firm, association,
copartnership, or corporation.
(5) POLYGRAPH EXAMINER. Any person who uses
instrumentation described herein in this chapter to test or
question individuals for the purpose of detecting deception or
verifying truth of statements, or any person who holds himself
or herself out to be a lie detector operator or polygraph
examiner, or any person who purports to be able to detect
deception or verify truth of statements through
instrumentation or the use of a mechanical device utilizing a
polygraph instrument .
(6) POLYGRAPH DEVICE. An instrument that, at a minimum,
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(6) POLYGRAPH DEVICE. An instrument that, at a minimum,
records visually, permanently, and simultaneously a subject's
cardiovascular pattern, respiratory pattern, and galvanic skin
response. A polygraph device does not include equipment or
devices used for the purpose of computer voice stress
analysis."
"§34-25-3
(a) Every polygraph examiner shall use an instrument
which, as a minimum, records visually, permanently, and
simultaneously:
(1) A subject's cardiovascular pattern;
(2) A subject's respiratory pattern; and
(3) A subject's galvanic skin response a polygraph
device during a polygraph examination .
(b) Patterns of other physiological changes in addition
to subdivisions (1), (2), and (3) of subsection (a) may also
be recorded during a polygraph examination .
(c) The use of any instrument or polygraph device to
detect or to verify the truth of statements which does not
meet these minimum instrumentation requirements required in
Section 34-25-2 is hereby prohibited."
"§34-25-20
(a) It shall be unlawful for any person, including a
city, county, or state employee, to administer polygraph
examinations or attempt to hold himself or herself out as a
polygraph examiner without a license approved by the board and
issued by the board.
(b) It shall be unlawful for any person, including
city, county, or state employees, to administer polygraph
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city, county, or state employees, to administer polygraph
examinations utilizing any polygraph device or instrumentation
which that does not comply with Section 34-25-3 meet the
requirements of Section 34-25-2 ."
Section 2. This act shall become effective on October
1, 2024.
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