September 16, 2003, Introduced by Senators VAN WOERKOM, BIRKHOLZ, GARCIA and ALLEN and referred to the Committee on Judiciary.
A bill to amend 1972 PA 295, entitled
"Forensic polygraph examiners act,"
by amending sections 2, 4, and 8 (MCL 338.1702, 338.1704, and
338.1708).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) A
Except as otherwise provided in subsection
2 (2), a person who
purports to be able to detect deception , or
3 verify truthfulness through instrumentation, or who purports to
4 offer or have available
such services, shall is not be held
5 exempt from the
provisions of this act because of the
6 terminology which he
or she may use to refer to himself or
7 herself, to his or her instrumentation, or to his or her
8 services.
9 (2) This act does not prevent a person licensed under the
10 truth verification technology act from using any truth
1 verification technology allowable under that act.
2 Sec. 4. (1) A
Except as otherwise provided in subsection
3 (2), a person shall not
use , or attempt to use any instrument
4 or device for the purpose
of detecting deception , or verifying
5 truthfulness, or for the purpose of assisting in the reporting of
6 a diagnostic opinion as
to either of these detecting deception
7 or verifying truthfulness,
unless such the instrument or
8 device, as minimum
standards, shall be is capable of recording
9 visually, permanently, and simultaneously indications of a
10 person's cardiovascular
pattern and changes therein, and a
11 person's respiratory pattern and changes therein in
those
12 patterns. Indications of other psychophysiological changes or
13 bodily responses in addition may also be recorded. The
14 operation, use, or attempted use of any instrument or device for
15 the purposes described which
in this subsection that does not
16 meet these minimum
requirements shall be is subject to
17 penalties prescribed by this act and may be enjoined as provided
18 in this act.
19 (2) This section does not prevent a person licensed under the
20 truth verification technology act from using any truth
21 verification technology allowable under that act.
22 Sec. 8. (1) A person, including city, county, or state
23 employees, shall not use or attempt to use any instrumentation or
24 mechanical device for the
purpose of detecting any of the
25 following purposes without first obtaining a license under this
26 act:
27 (a) To detect
deception , verifying or verify truthfulness
1 or reporting report
a diagnostic opinion regarding either of
2 these; purport to detecting deception or verifying truthfulness.
3 (b) To detect deception or verify truthfulness through
4 instrumentation or
mechanical devices. ;
5 (c) To
advertise or represent that he can or does offer
6 the offering of the service of detecting deception, verifying
7 truthfulness, or reporting a diagnostic opinion regarding an
8 individual's deception or truthfulness through instrumentation or
9 mechanical devices.
;
10 (d) To attempt to hold himself or herself out as a polygraph
11 examiner or refer to himself or herself by any terminology
12 which that would indicate or convey the impression
that he or
13 she can or does purport to detect deception or verify
14 truthfulness through
instrumentation. ; or
15 (e) To use any of the technical descriptive terminology
16 peculiar to, or interchangeable with, the administration of
17 polygraph examinations,
the interpretation thereof of polygraph
18 examinations, or the detection of deception and the verification
19 of truthfulness resulting
therefrom without first securing a
20 license as provided in
this act from a polygraph
examination.
21 (2) This act does not require a person licensed under the
22 truth verification technology act to obtain a license under this
23 act so long as the person does not use any term or title
24 protected by this act.
25 Enacting section 1. This amendatory act takes effect
26 September 1, 2004.
27 Enacting section 2. This amendatory act does not take
1 effect unless Senate Bill No. _____ or House Bill No. _____
2 (request no. 02784'03) of the 92nd Legislature is enacted into
3 law.