Session of 2000
HOUSE BILL No. 2725
By Committee on Federal and State Affairs
1-27
AN ACT enacting the Kansas polygraph protection act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act shall be known and may be cited as the Kansas polygraph protection act.
Sec. 2. As used in this act, "polygraph" means any device or procedure that measures or charts a subject's various physiological reactions to inquiries about past events or intentions, and is used for the purpose of evaluation the subject's veracity or deception, also know as "lie detection." "Polygraph" includes, but is not limited to, devices and procedures that measure or chart a subject's blood pressure, pulse rate, respiration rate and galvanic skin response.
Sec. 3. (a) It is unlawful for any person, unless authorized by law, to use or to employ a polygraph, or to ask another to take a polygraph, or to offer to give another a polygraph examination.
(b) It is unlawful for any person in public or private sector, unless authorized by law, to penalize a person who declines to take a polygraph.
(c) Violation of this act is a severity level 10 nonperson felony.
(d) Any polygraph examiner convicted under this section is banned from further polygraph administration or examination practice.
Sec. 4. Law enforcement officers investigating a felony, and any subject being investigated by law enforcement officers for such felony, may request that the subject of the investigation take, or be allowed to take, a polygraph. Any polygraph administered under this exception, regardless of who requests the polygraph, who administers the polygraph and whether the polygraph is intended to remain confidential, shall follow these procedures:
(a) The subject of the polygraph's attorney may be present, and no polygraph may be conducted without the subject's attorney being present if the subject wants the subject's attorney to be present. The subject's participation in the polygraph is voluntary on the part of the subject. The subject may stop the polygraph procedure at any time. The polygraph videotape, questions and answers are admissible in court against the subject. Any polygraph examiner's opinion and interpretation of the polygraph results are not admissible against the subject in criminal or administrative proceedings. The polygraph examiner's opinion and interpretation or the polygraph results are admissible as evidence against the polygraph examiner, and against the examiner's superiors, in criminal or civil proceedings, for violation of this act. The subject of the polygraph must be informed of all the provisions of this act.
(b) The entire polygraph procedure must be audio-videotaped by the state, and a copy of the videotape and a copy of the polygraph chart must be provided to the subject or subject's attorney. The audio-videotape must include at least two views, a view of a chart, and a view of the subject and polygraph administrator. The subject also may record the polygraph session.
(c) The entire polygraph procedure, including any questioning, explanations and interviews conducted before and after the polygraph examination, must not exceed 90 minutes in length. No more than one polygraph procedure may be administered to a subject in a 24-hour period.
(d) The recorded evidence of any polygraphs administered under this exception, including all charts, records and the videotape thereof, are admissible in criminal and civil actions.
(e) Any polygraph examiner's opinions or interpretations of the results, including opinions and interpretations of the subject's responses with respect to the subject's veracity or deception, including any explanations of the theory of the administration of the polygraph, are not admissible and are excluded from administrative, private or criminal proceedings, except on behalf of the plaintiff in civil proceedings for violation of this act, or in criminal proceedings for violation of this act.
Sec. 5. Polygraph use maybe demonstrated in educational forums for educational purposes. No recordings or interpretations of such demonstrations are admissible in administrative, civil or criminal proceedings, or in private proceedings that are consequential with regard to employment, contracts, insurance or therapy.
Sec. 6. Subjects may file a civil cause of action against any polygraph examiner, the examiner's superiors and employers, and any other who may be in violation of this act and for malpractice against a polygraph examiner. The prevailing plaintiff may be awarded economic, noneconomic and punitive damages.
Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.