HB421ENGROSSED
Page 0
HB421
T4MI519-2
By Representatives Faulkner, Stringer, Pettus, Woods, Colvin,
Bolton, Hendrix, Bedsole, Treadaway
RFD: Public Safety and Homeland Security
First Read: 04-Apr-24
1
2
3
4
5
6 HB421 Engrossed
Page 1
First Read: 04-Apr-24
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
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB421 Engrossed
Page 2
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,
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
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB421 Engrossed
Page 3
(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
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 immediately.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74 HB421 Engrossed
Page 4
Section 2. This act shall become effective immediately.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Public Safety and
Homeland Security
................04-Apr-24
Read for the second time and placed
on the calendar:
0 amendments
................11-Apr-24
Read for the third time and passed
as amended
Yeas 102
Nays 0
Abstains 1
................16-Apr-24
John Treadwell
Clerk
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96