Public Act 93-0619

HB0577 Enrolled                      LRB093 05578 MBS 05670 b

    AN ACT concerning detection of deception.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The Detection of Deception Examiners Act is
amended by changing Sections 1 and 4 as follows:

    (225 ILCS 430/1) (from Ch. 111, par. 2401)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 1.  Definitions. As used in  this  Act,  unless  the
context otherwise requires:
    "Detection   of   Deception   Examination",   hereinafter
referred to as "Examination" means any examination in which a
device  or instrument is used to test or question individuals
for the purpose of evaluating truthfulness or untruthfulness.
    "Examiner" means any person licensed under this Act.
    "Person"  includes  any  natural   person,   partnership,
association, corporation or trust.
    "Department"   means   the   Department  of  Professional
Regulation of the State of Illinois.
    "Director" means the Director of Professional  Regulation
of the State of Illinois.
    "Him" means both the male and female gender.
    "Law  enforcement agency" means an agency of the State or
a unit of local government that is vested by law or ordinance
with the power  to  maintain  public  order  and  to  enforce
criminal laws and ordinances.
(Source: P.A. 92-453, eff. 8-21-01.)

    (225 ILCS 430/4) (from Ch. 111, par. 2404)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 4.  Registration or license required; exceptions.
    (a)  It   is   unlawful  for  any  person  to  administer
detection of  deception  examinations,  or  attempt  to  hold
himself  out as an Examiner, unless registered or licensed by
the Department.  However, this shall not prohibit the use  of
detection  of  deception  equipment  by  a person licensed to
practice medicine in  all  its  branches  under  the  Medical
Practice  Act  of  1987  when  the  results are to be used in
research.
    (b)  Nothing in this Act prohibits the  use  of  a  voice
stress  analyzer by any fully trained full time certified law
enforcement officer of a law enforcement agency in the course
of  its  duties  as  an  investigative  aid  in  a   criminal
investigation.  Law  enforcement  users  of  a  voice  stress
analyzer  shall  be  trained  in  a  manner  approved  by the
Illinois Law Enforcement Training Standards Board. The use of
a voice stress analyzer shall  be  conducted  only  with  the
prior  written  consent of the subject of such investigation.
Surreptitious use of a voice stress analyzer  is  prohibited.
Use  of a voice stress analyzer is prohibited when a State or
local law enforcement officer stops a motorist for an alleged
violation of  the  Illinois  Vehicle  Code.  A  voice  stress
analyzer  is  prohibited  for use in pre-employment screening
and for internal investigations.  For the  purposes  of  this
subsection    (b),   "voice   stress   analyzer"   means   an
investigative tool that records voice stress factors  related
to frequency modulations in the human voice.
(Source: P.A. 85-1209.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.