72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 356
 
LC 1860/SB 356-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 356
 
                    By COMMITTEE ON JUDICIARY
 
                            April 28
 
  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and lines 3 and 4 and insert '703.010, 703.030
and 703.310.'.
  Delete lines 6 through 32 and delete pages 2 through 14 and
insert:
  '  { +  SECTION 1. + } 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 2. + } 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 3. + } 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 - }  { +  A polygraph examiner + } 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.'.
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