HB1613: Polygraph examiners; only a federal, state, or local law-enforcement officer shall operate device.


HOUSE BILL NO. 1613
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Governor
on February 26, 2009)
(Patron Prior to Substitute--Delegate Wright)
A BILL to amend and reenact §§ 54.1-1801 and 54.1-1805 of the Code of Virginia, relating to professions and occupations; regulation of polygraph examiners; exception.

Be it enacted by the General Assembly of Virginia:

1.  That §§ 54.1-1801 and 54.1-1805 of the Code of Virginia are amended and reenacted as follows:

§ 54.1-1801. Licenses; exception for law-enforcement officers.

A. All polygraph examiners, except as provided in subsection B, shall be licensed pursuant to this chapter.

B. A federal, state, or local law-enforcement officer not licensed pursuant to this chapter may operate, in the course of his employment with his law-enforcement agency, any instrument or device to detect deception or verify the truth of statements that does not meet the minimum instrumentation requirements set forth in § 54.1-1805, so long as the instrument or device is approved for use by the Director and the officer is certified to operate the instrument or device by the manufacturer. 

§ 54.1-1805. Instrument to be used.

A. Each Except as provided in subsection B of § 54.1-1801, each examiner shall use an instrument which that records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the determination of truthfulness.

B. In addition, the Director may approve the use of other instruments that record physiological changes pertinent to the determination of truthfulness or the verification of the truth of statements, including a computer voice stress analyzer, by examiners licensed under this chapter under such conditions under such conditions as determined by the Director.  Such conditions shall include a provision requiring the examiner, prior to the use of such instrument, to (i) complete a Director-approved training course on the operation of the instrument and (ii) be certified by the manufacturer on the use of such instrument.


HOUSE BILL NO. 1613
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Militia, Police and Public Safety
on January 30, 2009)
(Patron Prior to Substitute--Delegate Wright)
A BILL to amend and reenact 54.1-1801 and 54.1-1805 of the Code of Virginia, relating to professions and occupations; regulation of polygraph examiners.

Be it enacted by the General Assembly of Virginia:

1.  That 54.1-1801 and 54.1-1805 of the Code of Virginia are amended and reenacted as follows:

54.1-1801. Licenses; exception for law-enforcement officers.

A. All polygraph examiners, except as provided in subsection B, shall be licensed pursuant to this chapter.

B. A federal, state, or local law-enforcement officer not licensed pursuant to this chapter may operate, in the course of his employment with his law-enforcement agency, any instrument or device to detect deception or verify the truth of statements that does not meet the minimum instrumentation requirements set forth in 54.1-1805 so long as such officer is certified by the manufacturer of such instrument to operate such instrument. However, no law-enforcement officer shall use such instrument or device for internal or pre-employment investigations.

54.1-1805. Instrument to be used.

Each Except as provided in subsection B of 54.1-1801, each examiner shall use an instrument which that records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the determination of truthfulness.

HOUSE BILL NO. 1613
Offered January 14, 2009
Prefiled November 14, 2008
A BILL to amend and reenact §§ 54.1-1801 and 54.1-1805 of the Code of Virginia, relating to professions and occupations; regulation of polygraph examiners.
Patron-- Wright

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That §§ 54.1-1801 and 54.1-1805 of the Code of Virginia are amended and reenacted as follows:

§ 54.1-1801. Licenses; exception for law-enforcement officers.

A. All polygraph examiners, except for federal, state, or local law-enforcement officers acting in accordance with subsection B of § 54.1-1805, shall be licensed pursuant to this chapter.

B. No person, other than a federal, state, or local law-enforcement officer acting in accordance with subsection B of § 54.1-1805, shall operate any instrument or device to detect deception or verify the truth of statements that does not meet the minimum instrumentation requirements set forth in § 54.1-1805 or use any title or make any representation tending to indicate that he is qualified to detect deception or verify the truth of statements through the use of such instrument or device.

§ 54.1-1805. Instrument to be used.

A. Each examiner shall use an instrument which that records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the determination of truthfulness.

B. The use of any instrument to detect deception or verify the truth of statements that does not meet the minimum instrumentation requirements set forth in this section or the regulations of the Director is prohibited. The provisions of this subsection shall not apply to the use of such instrument by a federal, state, or local law-enforcement officer in the course of his employment with his law-enforcement agency where the officer is certified by the manufacturer of such instrument to operate such instrument.