Bill 374

                    Current Status

Bill Number:               374
Ratification Number:       144
Act Number:                99
Introducing Body:          Senate
Subject:                        Polygraph Examiners Act

(A99, R144, S374)

AN ACT TO REAUTHORIZE FOR SIX YEARS THE POLYGRAPH EXAMINERS ACT, TO AMEND SECTION 40-53-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLYGRAPH EXAMINERS ACT, SO AS TO DEFINE "ACTIVE INVESTIGATIVE EXPERIENCE", AND TO AMEND SECTION 40-53-130, RELATING TO FEES FOR POLYGRAPH EXAMINERS LICENSES, SO AS TO PROVIDE THAT THE FEES MUST BE SET BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION BY REGULATION.

Be it enacted by the General Assembly of the State of South Carolina:

Polygraph Examiners Act reauthorized

SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978, the Polygraph Examiners Act is reauthorized for six years.

Definition

SECTION 2. Section 40-53-30 of the 1976 Code is amended to read:

"Section 40-53-30. In this chapter, unless the context requires a different meaning:

(1) 'Internship' means 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 South Carolina Law Enforcement Division at the commencement of internship;

(2) 'Person' means any natural person, firm, association, copartnership, or corporation;

(3) 'Polygraph examiner' means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical device;

(4) 'The Division' means the South Carolina Law Enforcement Division;

(5) 'Active Investigative Experience' means experience as a detective or an investigator where the act of interrogation or debriefing is practiced on a case by case basis."

Fee

SECTION 3. Section 40-53-130 of the 1976 Code is amended to read:

"Section 40-53-130. Fees for an original polygraph examiner's license, internship license, duplicate license, and fees for renewal and extension of the licenses must be set by the Division by regulation."

Fee

SECTION 4. The fees established by Section 40-53-130 of the 1976 Code prior to the effective date of the amendment to the section contained in Section 3 of this act shall remain in effect until the South Carolina Law Enforcement Division sets fees by regulation.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.