093_HB1373sam002











                                     LRB093 07234 RLC 15567 a

 1                    AMENDMENT TO HOUSE BILL 1373

 2        AMENDMENT NO.     .  Amend House Bill 1373  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10        (Section scheduled to be repealed on January 1, 2012)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 07234 RLC 15567 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10        (Section scheduled to be repealed on January 1, 2012)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  personnel of a law
22    enforcement  agency  in  the  course  of  its   duties.   Law
23    enforcement users of a voice stress analyzer shall be trained
24    in a manner approved by the Illinois Law Enforcement Training
25    Standards   Board.    Use  of  a  voice  stress  analyzer  is
26    prohibited when a State  or  local  law  enforcement  officer
27    stops  a  motorist  for  an alleged violation of the Illinois
28    Vehicle Code.  For  the  purposes  of  this  subsection  (b),
29    "voice  stress  analyzer"  means  an  investigative tool that
30    records voice stress factors pertinent to  the  detection  of
31    deception.
32    (Source: P.A. 85-1209.)
 
                            -3-      LRB093 07234 RLC 15567 a
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.".