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7 (Section scheduled to be repealed on January 1, 2012)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28 (Section scheduled to be repealed on January 1, 2012)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.