093_HB0577enr

 
HB0577 Enrolled                      LRB093 05578 MBS 05670 b

 1        AN ACT concerning detection of deception.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Detection of Deception Examiners Act  is
 5    amended by changing Sections 1 and 4 as follows:

 6        (225 ILCS 430/1) (from Ch. 111, par. 2401)
 7        (Section scheduled to be repealed on January 1, 2012)
 8        Sec.  1.   Definitions.  As  used in this Act, unless the
 9    context otherwise requires:
10        "Detection   of   Deception   Examination",   hereinafter
11    referred to as "Examination" means any examination in which a
12    device or instrument is used to test or question  individuals
13    for the purpose of evaluating truthfulness or untruthfulness.
14        "Examiner" means any person licensed under this Act.
15        "Person"   includes   any  natural  person,  partnership,
16    association, corporation or trust.
17        "Department"  means  the   Department   of   Professional
18    Regulation of the State of Illinois.
19        "Director"  means the Director of Professional Regulation
20    of the State of Illinois.
21        "Him" means both the male and female gender.
22        "Law enforcement agency" means an agency of the State  or
23    a unit of local government that is vested by law or ordinance
24    with  the  power  to  maintain  public  order  and to enforce
25    criminal laws and ordinances.
26    (Source: P.A. 92-453, eff. 8-21-01.)

27        (225 ILCS 430/4) (from Ch. 111, par. 2404)
28        (Section scheduled to be repealed on January 1, 2012)
29        Sec. 4.  Registration or license required; exceptions.
30        (a)  It  is  unlawful  for  any  person   to   administer
 
HB0577 Enrolled            -2-       LRB093 05578 MBS 05670 b
 1    detection  of  deception  examinations,  or  attempt  to hold
 2    himself out as an Examiner, unless registered or licensed  by
 3    the  Department.  However, this shall not prohibit the use of
 4    detection of deception equipment  by  a  person  licensed  to
 5    practice  medicine  in  all  its  branches  under the Medical
 6    Practice Act of 1987 when the  results  are  to  be  used  in
 7    research.
 8        (b)  Nothing  in  this  Act  prohibits the use of a voice
 9    stress analyzer by any fully trained full time certified  law
10    enforcement officer of a law enforcement agency in the course
11    of   its  duties  as  an  investigative  aid  in  a  criminal
12    investigation.  Law  enforcement  users  of  a  voice  stress
13    analyzer shall  be  trained  in  a  manner  approved  by  the
14    Illinois Law Enforcement Training Standards Board. The use of
15    a  voice  stress  analyzer  shall  be conducted only with the
16    prior written consent of the subject of  such  investigation.
17    Surreptitious  use  of a voice stress analyzer is prohibited.
18    Use of a voice stress analyzer is prohibited when a State  or
19    local law enforcement officer stops a motorist for an alleged
20    violation  of  the  Illinois  Vehicle  Code.  A  voice stress
21    analyzer is prohibited for use  in  pre-employment  screening
22    and  for  internal  investigations.  For the purposes of this
23    subsection   (b),   "voice   stress   analyzer"   means    an
24    investigative  tool that records voice stress factors related
25    to frequency modulations in the human voice.
26    (Source: P.A. 85-1209.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.