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 1860
 
                           A-Engrossed
 
                         Senate Bill 356
                 Ordered by the Senate April 28
           Including Senate Amendments dated April 28
 
Sponsored by Senator CORCORAN
 
 
                             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.
 
    { - Creates truth verification examiner licensing
process. - }
   { +  Modifies definition of polygraph examiner. + }
 
                        A BILL FOR AN ACT
Relating to detection of truth; amending ORS 703.010, 703.030 and
  703.310.
Be It Enacted by the People of the State of Oregon:
  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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