Chapter 777 Oregon Laws 2003

AN ACT

HB 2725

Relating to crime; creating new provisions; and amending ORS 162.385, 703.010, 703.030 and 703.310.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 162.385 is amended to read:

162.385. (1) A person commits the crime of giving false information to a peace officer for issuance or service of a citation or an arrest warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of the officer’s issuing or serving the person a citation under authority of ORS 133.055 to 133.076 or ORS chapter 153 or for the purpose of the officer’s arresting the person on an arrest warrant issued under authority of ORS 133.110 or 133.120.

(2) A person who violates this section commits a Class A misdemeanor.

SECTION 2. ORS 703.010 is amended to read:

703.010. As used in ORS 703.010 to 703.320, unless the context requires otherwise:

(1) “Board” means the Board on Public Safety Standards and Training.

(2) “Department” means the Department of Public Safety Standards and Training.

(3) “Director” means the director of the department.

(4) “Internship” means the study by a trainee of polygraph examinations and of the administration of polygraph examinations under the personal supervision and control of a polygraph examiner in accordance with the course of study prescribed by the board at the commencement of such study.

(5) “Person” means any individual, firm, association, partnership or corporation.

(6) “Polygraph examiner” means a person who purports to be able to detect deception or verify the truth of statements through the use of instrumentation or of a mechanical device [and licensed as such under ORS 703.010 to 703.320] that records visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual being examined.

(7) “Trainee” means a person licensed under ORS 703.010 to 703.320 to engage in an internship.

SECTION 3. ORS 703.030 is amended to read:

703.030. (1) It is the purpose of ORS 703.010 to 703.320 to regulate all persons who purport to be able to [deduct] detect deception or to verify the truth of statements through the use of instrumentation or mechanical devices, including but not limited to lie detectors, polygraphs and deceptographs, that record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual being examined.

(2) ORS 703.010 to 703.320 shall be liberally construed to regulate all persons described in subsection (1) of this section. [No] A person who purports to be able to detect deception or to verify the truth of statements [shall be exempted] is not exempt from the provisions of ORS 703.010 to 703.320 because of the terminology used to describe the person, the instruments or mechanical devices of the person, or the nature of the services of the person.

SECTION 4. ORS 703.310 is amended to read:

703.310. (1) All instruments or mechanical devices that are used by polygraph examiners to test or question [individuals] an individual for the purpose of detecting deception or of verifying the truth of statements made by the [individuals at least] individual shall record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of [each such] the individual. The patterns of other physiological changes of [any such] the individual also may be recorded.

(2) [No person] Except as otherwise provided in section 5 of this 2003 Act, a person may not use any instrument or mechanical device to test or question [individuals] an individual for the purpose of detecting deception or verifying the truth of statements made by the [individuals] individual that does not comply with the minimum requirements [therefor] for the instrument or device under subsection (1) of this section. The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, may, in the name of the State of Oregon, initiate and maintain appropriate judicial proceedings, in the manner provided by law for such proceedings, to enjoin the use by a polygraph examiner of any instrumentation or mechanical device that does not comply with the minimum requirements specified in subsection (1) of this section.

SECTION 5. A police officer, as defined in ORS 243.005, may use an instrument or mechanical device that does not comply with the minimum requirements under ORS 703.310 (1) to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by the individual if the police officer:

(1) Uses the instrument or mechanical device in the course of the officer’s official duties while investigating a crime; and

(2) Is certified to use the instrument or mechanical device by the agency that employs the officer.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date January 1, 2004

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