Illinois General Assembly - Full Text of HB0577
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Full Text of HB0577  93rd General Assembly

HB0577sam001 93rd General Assembly


093_HB0577sam001











                                     LRB093 05578 RLC 17063 a

 1                     AMENDMENT TO HOUSE BILL 577

 2        AMENDMENT NO.     .  Amend House Bill  577  by  replacing
 3    the title with the following:
 4        "AN ACT concerning detection of deception."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

 9        (225 ILCS 430/1) (from Ch. 111, par. 2401)
10        (Section scheduled to be repealed on January 1, 2012)
11        Sec. 1.  Definitions. As used in  this  Act,  unless  the
12    context otherwise requires:
13        "Detection   of   Deception   Examination",   hereinafter
14    referred to as "Examination" means any examination in which a
15    device  or instrument is used to test or question individuals
16    for the purpose of evaluating truthfulness or untruthfulness.
17        "Examiner" means any person licensed under this Act.
18        "Person"  includes  any  natural   person,   partnership,
19    association, corporation or trust.
20        "Department"   means   the   Department  of  Professional
21    Regulation of the State of Illinois.
 
                            -2-      LRB093 05578 RLC 17063 a
 1        "Director" means the Director of Professional  Regulation
 2    of the State of Illinois.
 3        "Him" means both the male and female gender.
 4        "Law  enforcement agency" means an agency of the State or
 5    a unit of local government that is vested by law or ordinance
 6    with the power  to  maintain  public  order  and  to  enforce
 7    criminal laws and ordinances.
 8    (Source: P.A. 92-453, eff. 8-21-01.)

 9        (225 ILCS 430/4) (from Ch. 111, par. 2404)
10        (Section scheduled to be repealed on January 1, 2012)
11        Sec. 4.  Registration or license required; exceptions.
12        (a)  It   is   unlawful  for  any  person  to  administer
13    detection of  deception  examinations,  or  attempt  to  hold
14    himself  out as an Examiner, unless registered or licensed by
15    the Department.  However, this shall not prohibit the use  of
16    detection  of  deception  equipment  by  a person licensed to
17    practice medicine in  all  its  branches  under  the  Medical
18    Practice  Act  of  1987  when  the  results are to be used in
19    research.
20        (b)  Nothing in this Act prohibits the  use  of  a  voice
21    stress  analyzer by any fully trained full time certified law
22    enforcement officer of a law enforcement agency in the course
23    of  its  duties  as  an  investigative  aid  in  a   criminal
24    investigation.  Law  enforcement  users  of  a  voice  stress
25    analyzer  shall  be  trained  in  a  manner  approved  by the
26    Illinois Law Enforcement Training Standards Board. The use of
27    a voice stress analyzer shall  be  conducted  only  with  the
28    prior  written  consent of the subject of such investigation.
29    Surreptitious use of a voice stress analyzer  is  prohibited.
30    Use  of a voice stress analyzer is prohibited when a State or
31    local law enforcement officer stops a motorist for an alleged
32    violation of  the  Illinois  Vehicle  Code.  A  voice  stress
33    analyzer  is  prohibited  for use in pre-employment screening
 
                            -3-      LRB093 05578 RLC 17063 a
 1    and for internal investigations.  For the  purposes  of  this
 2    subsection    (b),   "voice   stress   analyzer"   means   an
 3    investigative tool that records voice stress factors  related
 4    to frequency modulations in the human voice.
 5    (Source: P.A. 85-1209.)

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.".