093_SB0898

 
                                     LRB093 02455 AMC 02465 b

 1        AN ACT concerning detection of deception.

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

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

 6        (225 ILCS 430/1) (from Ch. 111, par. 2401)
 7        (Section scheduled to be repealed on January 1, 2012)
 8        Sec.  1.   Definitions.  As  used in this Act, unless the
 9    context otherwise requires:
10        "Detection   of   Deception   Examination",   hereinafter
11    referred to as "Examination" means any examination in which a
12    device or instrument is used to test or question  individuals
13    for the purpose of evaluating truthfulness or untruthfulness.
14        "Examiner" means any person licensed under this Act.
15        "Person"   includes   any  natural  person,  partnership,
16    association, corporation or trust.
17        "Department"  means  the   Department   of   Professional
18    Regulation of the State of Illinois.
19        "Director"  means the Director of Professional Regulation
20    of the State of Illinois.
21        "Him" means both the male and female gender.
22        "Law enforcement agency" means an agency of the State  or
23    a unit of local government that is vested by law or ordinance
24    with  the  power  to  maintain  public  order  and to enforce
25    criminal laws and ordinances.
26    (Source: P.A. 92-453, eff. 8-21-01.)

27        (225 ILCS 430/4) (from Ch. 111, par. 2404)
28        (Section scheduled to be repealed on January 1, 2012)
29        Sec. 4.  Registration or license required; exceptions.
30        (a)  It  is  unlawful  for  any  person   to   administer
 
                            -2-      LRB093 02455 AMC 02465 b
 1    detection  of  deception  examinations,  or  attempt  to hold
 2    himself out as an Examiner, unless registered or licensed  by
 3    the  Department.  However, this shall not prohibit the use of
 4    detection of deception equipment  by  a  person  licensed  to
 5    practice  medicine  in  all  its  branches  under the Medical
 6    Practice Act of 1987 when the  results  are  to  be  used  in
 7    research.
 8        (b)  Nothing  in  this  Act  prohibits the use of a voice
 9    stress analyzer by any  fully  trained  personnel  of  a  law
10    enforcement  agency  in  the  course  of  its duties. For the
11    purposes of this  subsection  (b),  "voice  stress  analyzer"
12    means an investigative tool that records voice stress factors
13    pertinent to the detection of deception.
14    (Source: P.A. 85-1209.)

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