HB4217JSJV22-1 ENROLLED: HB421 T4MI519-3 By Representatives Faulkner, Stringer, Pettus, Woods, Colvin, Bolton, Hendrix, Bedsole, Treadaway RFD:

Public4/16/2024 Safety: and Homeland Security First Read:

04-Apr-24GP Page1ST 0FAULKNER AMENDMENT TO HB421 EnrolledOFFERED Enrolled,BY AnREPRESENTATIVE Act,FAULKNER 3Replace Relatinglines to88 thethrough Polygraph89 Examinerson Board;page 4 with the following:

toSection amend2. Sections 34-25-2, 34-25-3, and 34-25-20, Code of Alabama 1975, to define "polygraph device";

to specify that a polygraph device does not include equipment or devices used for the prupose of computer voice stress analysis;

and to make nonsubstantive, technical revisions to update the existing code language to current style.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1.

Sections 34-25-2, 34-25-3, and 34-25-20, Code of Alabama 1975, are amended to read as follows:

"§34-25-2 For the purposes of this chapter, the following terms shall have the following respective meanings ascribed by this section:

(1) BOARD.

The Polygraph Examiners Board.

(2) CHAIRMANCHAIR.

That The member of the Polygraph Examiners Board selected by the board to act as chairmanchair.

(3) INTERNSHIP.

The study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the board at the commencement of such the internship.

(4) PERSON.

Any natural person, firm, association, copartnership, or corporation.

(5) POLYGRAPH EXAMINER.

Any person who uses instrumentation described herein in this chapter to test or Page 1 HB421 Enrolled question individuals for the purpose of detecting deception or verifying truth of statements, or any person who holds himself or herself out to be a lie detector operator or polygraph examiner, or any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical deviceutilizing a polygraph instrument.

(6) POLYGRAPH DEVICE.

An instrument that, at a minimum, records visually, permanently, and simultaneously a subject's cardiovascular pattern, respiratory pattern, and galvanic skin response.

A polygraph device does not include equipment or devices used for the purpose of computer voice stress analysis." "§34-25-3 (a) Every polygraph examiner shall use an instrument which, as a minimum, records visually, permanently, and simultaneously:

(1) A subject's cardiovascular pattern;

(2) A subject's respiratory pattern;

and (3) A subject's galvanic skin responsea polygraph device during a polygraph examination.

(b) Patterns of other physiological changes in addition to subdivisions (1), (2), and (3) of subsection (a) may also be recorded during a polygraph examination.

(c) The use of any instrument or polygraph device to detect or to verify the truth of statements which does not meet these minimum instrumentation requirements required in Section 34-25-2 is hereby prohibited." Page 2 HB421 Enrolled "§34-25-20 (a) It shall be unlawful for any person, including a city, county, or state employee, to administer polygraph examinations or attempt to hold himself or herself out as a polygraph examiner without a license approved by the board and issued by the board.

(b) It shall be unlawful for any person, including city, county, or state employees, to administer polygraph examinations utilizing any polygraph device or instrumentation which that does not comply with Section 34-25-3 meet the requirements of Section 34-25-2." Section 2.

Page 31 HB421 Enrolled 70 72 74 76 78 80 ________________________________________________ Speaker of the House of Representatives 83 85 ________________________________________________ President and Presiding Officer of the Senate 88 House of Representatives 91 I hereby certify that the within Act originated in and was passed by the House 16-Apr-24, as amended.

94 John Treadwell Clerk 97 99 Senate 08-May-24 Passed Page 4