Session of 2000
By Committee on Federal and State Affairs

  9             AN  ACT enacting the Kansas polygraph protection act.
11       Be it enacted by the Legislature of the State of Kansas:
12             Section  1. This act shall be known and may be cited as the Kansas
13       polygraph protection act.
14             Sec.  2. As used in this act, "polygraph" means any device or proce-
15       dure that measures or charts a subject's various physiological reactions to
16       inquiries about past events or intentions, and is used for the purpose of
17       evaluation the subject's veracity or deception, also know as "lie detection."
18       "Polygraph" includes, but is not limited to, devices and procedures that
19       measure or chart a subject's blood pressure, pulse rate, respiration rate
20       and galvanic skin response.
21             Sec.  3. (a) It is unlawful for any person, unless authorized by law, to
22       use or to employ a polygraph, or to ask another to take a polygraph, or
23       to offer to give another a polygraph examination.
24             (b) It is unlawful for any person in public or private sector, unless
25       authorized by law, to penalize a person who declines to take a polygraph.
26             (c) Violation of this act is a severity level 10 nonperson felony.
27             (d) Any polygraph examiner convicted under this section is banned
28       from further polygraph administration or examination practice.
29             Sec.  4. Law enforcement officers investigating a felony, and any sub-
30       ject being investigated by law enforcement officers for such felony, may
31       request that the subject of the investigation take, or be allowed to take,
32       a polygraph. Any polygraph administered under this exception, regardless
33       of who requests the polygraph, who administers the polygraph and
34       whether the polygraph is intended to remain confidential, shall follow
35       these procedures:
36             (a) The subject of the polygraph's attorney may be present, and no
37       polygraph may be conducted without the subject's attorney being present
38       if the subject wants the subject's attorney to be present. The subject's
39       participation in the polygraph is voluntary on the part of the subject. The
40       subject may stop the polygraph procedure at any time. The polygraph
41       videotape, questions and answers are admissible in court against the sub-
42       ject. Any polygraph examiner's opinion and interpretation of the poly-
43       graph results are not admissible against the subject in criminal or admin-


  1       istrative proceedings. The polygraph examiner's opinion and
  2       interpretation or the polygraph results are admissible as evidence against
  3       the polygraph examiner, and against the examiner's superiors, in criminal
  4       or civil proceedings, for violation of this act. The subject of the polygraph
  5       must be informed of all the provisions of this act.
  6             (b) The entire polygraph procedure must be audio-videotaped by the
  7       state, and a copy of the videotape and a copy of the polygraph chart must
  8       be provided to the subject or subject's attorney. The audio-videotape
  9       must include at least two views, a view of a chart, and a view of the subject
10       and polygraph administrator. The subject also may record the polygraph
11       session.
12             (c) The entire polygraph procedure, including any questioning, ex-
13       planations and interviews conducted before and after the polygraph ex-
14       amination, must not exceed 90 minutes in length. No more than one
15       polygraph procedure may be administered to a subject in a 24-hour
16       period.
17             (d) The recorded evidence of any polygraphs administered under this
18       exception, including all charts, records and the videotape thereof, are
19       admissible in criminal and civil actions.
20             (e) Any polygraph examiner's opinions or interpretations of the re-
21       sults, including opinions and interpretations of the subject's responses
22       with respect to the subject's veracity or deception, including any expla-
23       nations of the theory of the administration of the polygraph, are not ad-
24       missible and are excluded from administrative, private or criminal pro-
25       ceedings, except on behalf of the plaintiff in civil proceedings for violation
26       of this act, or in criminal proceedings for violation of this act.
27             Sec.  5. Polygraph use maybe demonstrated in educational forums for
28       educational purposes. No recordings or interpretations of such demon-
29       strations are admissible in administrative, civil or criminal proceedings,
30       or in private proceedings that are consequential with regard to employ-
31       ment, contracts, insurance or therapy.
32             Sec.  6. Subjects may file a civil cause of action against any polygraph
33       examiner, the examiner's superiors and employers, and any other who
34       may be in violation of this act and for malpractice against a polygraph
35       examiner. The prevailing plaintiff may be awarded economic, nonecon-
36       omic and punitive damages.
37        Sec.  7. This act shall take effect and be in force from and after its
38       publication in the statute book.