An Act To Amend the Polygraph Examiners Act
Sec. 1. 32 MRSA §7352, sub-§§2-A and 5-A are enacted to read:
Sec. 2. 32 MRSA §7365, sub-§1, as enacted by PL 2013, c. 316, §3 and affected by §5, is amended to read:
Sec. 3. 32 MRSA §7365, sub-§§2 and 4, as enacted by PL 2013, c. 316, §3 and affected by §5, are amended to read:
Nothing in this chapter prohibits the use of statements or disclosures voluntarily made by the subject of a polygraph examination that are adverse to the subject's interests from being used against the subject in the course of a criminal investigation or prosecution, to the fullest extent permitted by law.
Sec. 4. 32 MRSA §7381, sub-§1, ¶B, as enacted by PL 2013, c. 316, §3 and affected by §5, is repealed and the following enacted in its place:
(1) For an initial polygraph examiner license, $100;
(2) For a renewal of a polygraph examiner license, $100; and
(3) For a polygraph examiner intern license, $50.
Sec. 5. 32 MRSA §7381, sub-§2, as enacted by PL 2013, c. 316, §3 and affected by §5, is amended to read:
Sec. 6. 32 MRSA §7382, sub-§1, as enacted by PL 2013, c. 316, §3 and affected by §5, is amended to read:
(1) Holds a baccalaureate degree from a an accredited college or university accredited by an organization recognized by the commissioner; or
(2) Has at least 5 years of active investigative experience with , including 3 years on a full-time basis, as a sworn member of an investigative service of the United States as a sworn member of a branch of the United States Armed Forces, a federal investigative agency or a law enforcement agency immediately preceding the date of application;
summary
The bill makes the following changes to the Polygraph Examiners Act:
1. It defines "polygraph examination;"
2. It specifically authorizes a polygraph examiner to disclose information acquired from a polygraph examination to a member of a criminal justice agency if the polygraph examination is conducted in the course of a criminal investigation; another licensed polygraph examiner in a professional consultation; an employee or intern working with the polygraph examiner; or as otherwise provided by law;
3. It provides that statements or disclosures voluntarily made by an examinee that are adverse to the examinee's interests may be used against the examinee in the course of a criminal investigation or prosecution, to the fullest extent permitted by law;
4. It establishes fees for initial and renewal polygraph examiner licenses, and for intern polygraph examiner licenses;
5. It extends the term of a renewal polygraph examiner license from 2 to 4 years; and
6. It more specifically outlines the qualifications a person must have in order to be eligible to obtain a polygraph examiner license.