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90_HB2133
New Act
Creates the Sex Offender Polygraph Examination Act.
Provides that the Department of State Police, in consultation
with the Detection of Deception Examiner Committee, shall
establish standards for the polygraph examination of
registered sex offenders. Prescribes minimum standards for
those examinations. Effective immediately.
LRB9004422RCks
LRB9004422RCks
1 AN ACT in relation to polygraph examinations of sex
2 offenders.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Sex Offender Polygraph Examination Act.
7 Section 5. Definitions.
8 "Polygraph" means an instrument used by a licensed
9 examiner under the Detection of Deception Examiners Act that
10 records permanently and simultaneously the subject's
11 cardiovascular, respiratory, and galvanic skin response
12 patterns as minimum standards and upon which the examiner
13 bases his or her evaluation upon changes in those patterns.
14 The instrument may record additional physiological patterns
15 pertinent to the detection of deception. The examiner may
16 also consider changes in those additional patterns in making
17 his or her evaluations.
18 "Sex offender" means a person required to register under
19 the Sex Offender Registration Act.
20 "Examinee" means a person submitting to a polygraph
21 examination.
22 Section 10. Standards. The Department of State Police,
23 in consultation with the Detection of Deception Examiner
24 Committee, shall establish standards for the polygraph
25 examination of sex offenders. The standards shall at minimum
26 require each prospective sex offender examinee to sign a
27 notification and receive a copy of the notification on a form
28 prescribed by the Department of State Police, in consultation
29 with the Detection of Deception Examiner Committee, that
30 contains the following information:
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1 (A) That he or she is consenting voluntarily to the
2 examination;
3 (B) That he or she has the right to refuse to take
4 a polygraph examination;
5 (C) That he or she has a right to refuse to answer
6 any question;
7 (D) That he or she may terminate the examination at
8 any time;
9 (E) That he or she has the right to make a written
10 request to the examiner within 30 days of the examination
11 to be furnished the results of the examination upon the
12 payment of a reasonable fee to be established by the
13 Department of State Police to cover the cost of such
14 results, and that, upon receipt of the written request
15 and payment of the fee, the examiner shall, within 30
16 days of receipt of that written request, provide the
17 examinee with a written copy of any opinions or
18 conclusions rendered as a result of the examination;
19 (F) That he or she has the right to make a written
20 request to the examiner that an audio recording be made
21 of the examination and pretest interview, and the
22 examiner shall furnish the examinee a copy of the
23 recording within 30 days of the receipt of the written
24 request and payment of a reasonable fee to be established
25 by the Department of State Police to cover the cost of
26 the recording;
27 (G) The name of the polygraph examiner, his or her
28 polygraph examiner license number issued by the
29 Department of Professional Regulation, and his or her
30 business address;
31 (H) The name and address of the Detection of
32 Deception Examiner Committee;
33 (I) That he or she has the right to file a
34 complaint with the Department of Professional Regulation
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1 if he or she feels that he or she has been mistreated in
2 any way;
3 (J) If the polygraph examiner is a law enforcement
4 official or other officer of the court, that fact shall
5 be disclosed to the examinee prior to the commencement of
6 the examination, and the examiner shall further inform
7 the examinee that should the examinee choose to proceed
8 with the examination, under such circumstances, any
9 illegal activity disclosed during the examination may be
10 used against him or her in a court of law; and
11 (K) No examiner may conduct more than one polygraph
12 examination of a sex offender per hour.
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.