72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1174
B-Engrossed
House Bill 2725
Ordered by the Senate August 25
Including House Amendments dated April 18 and Senate Amendments
dated August 25
Sponsored by Representative PROZANSKI; Representatives BARKER,
KRIEGER, PATRIDGE, Senator MINNIS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Modifies crime of giving false information to police officer to
include service of arrest warrants.
{ + Modifies provisions relating to polygraph examiners and
examinations. Authorizes police officers to use certain devices
to detect deception or verify truth of statements made by
individual. + }
A BILL FOR AN ACT
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. + }
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