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030956904
SENATE BILL NO. 1296
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on February 11, 2003)
(Patron Prior to Substitute--Senator Blevins)
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.

A. All polygraph examiners 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 truth of statements through the use of such instrument or device.

54.1-1805. Instrument to be used; limitation.

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 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 to operate such instrument.

2. The provisions of this act shall expire on July 1, 2005.


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