HLS 21RS-2555 ORIGINAL
2021 Regular Session
HOUSE CONCURRENT STUDY REQUEST NO. 4
BY REPRESENTATIVE JAMES
LAW ENFORCE/OFFICERS: Requests a study of the procedures for law enforcement
officers under investigation who are required to submit to a polygraph and to study
the effects of having a representative present while the polygraph is being conducted
1 A CONCURRENT STUDY REQUEST
2To the House Committee on Judiciary, or a subcommittee thereof, and the Senate
3 Committee on Judiciary B, or a subcommittee thereof, to meet and to function as a
4 joint committee to study procedures for law enforcement officers under investigation
5 who are required to submit to a polygraph and to study the effects of a representative
6 being present while the law enforcement officer submits to a polygraph.
7 WHEREAS, according to the American Psychological Association, the accuracy of
8polygraph testing is controversial because there is no evidence that any pattern of
9physiological reactions is unique to deception; and
10 WHEREAS, Chapter 12, Rule 12.16(c) of the State Police Commission rules,
11provides that the state police officer's representative or counsel shall not disrupt or interfere
12with an interview or interrogation, and the state police officer's representative may not
13instruct the officer how to testify but may confer with the officer as necessary throughout
14the interrogation and make statements on the record; and
15 WHEREAS, different law enforcement agencies throughout the state of Louisiana
16have different policies regarding the procedures for having representation in the room while
17a law enforcement officer renders a compelled statement; and
18 WHEREAS, according to the Federation of American Scientists, the threat of
19punishment leads an individual to manifest a physiological reaction; and
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HCSR NO. 4
1 WHEREAS, the setting may interact with both subject and examiner characteristics
2to affect the validity of the polygraph test.
3 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana requests the
4House Committee on Judiciary, or a subcommittee thereof, and the Senate Committee on
5Judiciary B, or a subcommittee thereof, to meet and to function as a joint committee to study
6procedures for law enforcement officers under investigation who are required to submit to
7a polygraph and to study the effects of a representative being present while the law
8enforcement officer submits to a polygraph.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCSR 4 Original 2021 Regular Session James
Requests the House Committee on Judiciary, or a subcommittee thereof, and the Senate
Committee on Judiciary B, or a subcommittee thereof, to study procedures for law
enforcement officers under investigation who are required to submit to a polygraph and to
study the effects of a representative being present while the law enforcement officer submits
to a polygraph.
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