HOUSE BILL No. 5662


     April 19, 2000, Introduced by Reps. Van Woerkom, Bradstreet, Julian, Garcia, Voorhees, Ehardt and Birkholz and referred to
the Committee on Criminal Law and Corrections.


        A bill to regulate the sale, distribution, and use of com-

   puterized voice stress analyzers in this state; to prohibit cer-

   tain conduct involving computerized voice stress analyzers; and

   to prescribe remedies and penalties.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 1.  This act shall be known and may be cited as the

 2
      "computerized voice stress analyzer act".

 3
           Sec. 2.  As used in this act:

 4
           (a) "Computerized voice stress analyzer" means an instrument

 5
      or device designed or intended to be used to detect deception or

 6
      verify truthfulness or to assist in reporting deception or truth-

 7
      fulness based upon voice stress patterns.

 8
           (b) "Manufacturer" means a person who owns the legal rights

 9
      to manufacture a specific computerized voice stress analyzer.




   04756'99                                                 TVD
                                              2

 1
           (c) "Person" means an individual, partnership, corporation,

 2
      association, governmental entity, or other legal entity.

 3
           Sec. 3.  A manufacturer may do any of the following:

 4
           (a) Evaluate applicants for a license to operate that

 5
      manufacturer's brand of voice stress analyzer in this state and

 6
      grant licenses to qualified individuals.

 7
           (b) Regulate the use of that manufacturer's brand of voice

 8
      stress analyzer in this state.

 9
           Sec. 4.  (1) A manufacturer may issue a license to an indi-

10
      vidual to operate a voice stress analyzer in this state only if

11
      all of the following circumstances exist:

12
           (a) The individual is 18 years of age or older.

13
           (b) The individual is a citizen of the United States.

14
           (c) The individual was not convicted of committing a felony

15
      within 5 years immediately preceding the date of application or

16
      incarcerated for or on probation or parole for committing a

17
      felony within 5 years immediately preceding the date of

18
      application.

19
           (d) The individual meets the educational, practical

20
      experience, and skill requirements determined appropriate by the

21
      manufacturer.

22
           (e) The individual pays the licensing fee authorized under

23
      subsection (3).

24
           (2) A license issued under this section is valid for 1

25
      year.  A manufacturer may reissue the license upon application

26
      and payment of the fee authorized under subsection (3).





   04756'99
                                   3

 1
           (3) A manufacturer may charge a fee to issue or reissue a

 2
      license under this section.  The fee shall not exceed the actual

 3
      and reasonable costs of the manufacturer in issuing or reissuing

 4
      the license.

 5
           (4) As used in this section, "felony" means a violation of a

 6
      law of this state, the United States, another state, or a local

 7
      unit of government of this state or another state that is either

 8
      of the following:

 9
           (a) A misdemeanor punishable by imprisonment for more than 1

10
      year.

11
           (b) A crime designated as a felony.

12
           Sec. 5.  (1) A manufacturer may suspend or revoke a license

13
      issued under this act if the department determines that any of

14
      the following circumstances exist:

15
           (a) The individual does not meet the requirements for licen-

16
      sure under this act.

17
           (b) The individual is convicted of any crime.

18
           (c) The individual violates this act or any rule promulgated

19
      under this act.

20
           (2) A manufacturer shall provide the individual with an

21
      opportunity to be heard before suspending or revoking a license

22
      under this section.

23
           Sec. 6.  An individual whose license is suspended or revoked

24
      under this act shall immediately, upon notification of that sus-

25
      pension or revocation, surrender that license to the

26
      manufacturer.  An individual who violates this section is

27
      responsible for a civil infraction and may be fined not more than



   04756'99
                                   4

 1
      $100.00 for each 7-day period in which the license is not

 2
      surrendered as required under this subsection.

 3
           Sec. 7.  (1) An individual shall not use, attempt to use, or

 4
      offer to use a voice stress analyzer to detect deception, verify

 5
      truthfulness, or assist in providing a diagnosis regarding decep-

 6
      tion or truthfulness unless he or she is licensed under this

 7
      act.

 8
           (2) An individual who violates this section is guilty of a

 9
      crime as follows:

10
           (a) Except as provided in subdivision (b), the individual is

11
      guilty of a misdemeanor punishable by imprisonment for not more

12
      than 93 days or a fine of not more than $500.00, or both.

13
           (b) If the individual has previously been convicted of vio-

14
      lating this act or a substantially similar violation of a law of

15
      the United States, another state, or a political subdivision of

16
      this or another state, the individual is guilty of a misdemeanor

17
      punishable by imprisonment for not more than 1 year or a fine of

18
      not more than $1,000.00, or both.

19
           Sec. 8.  (1) An individual shall not sell for use in this

20
      state, offer to sell for use in this state, or distribute for use

21
      in this state any instrument or device that is designed or

22
      intended to be used to detect deception or verify truthfulness or

23
      to assist in the reporting of deception or truthfulness based

24
      upon voice stress patterns, unless that device or instrument has

25
      been approved by the manufacturer for use in this state.

26
           (2) An individual who violates this section is guilty of a

27
      crime as follows:



   04756'99
                                   5

 1
           (a) Except as provided in subdivision (b), the individual is

 2
      guilty of a misdemeanor punishable by imprisonment for not more

 3
      than 93 days or a fine of not more than $1,000.00, or both.

 4
           (b) If the individual has previously been convicted of vio-

 5
      lating this act or a substantially similar violation of a law of

 6
      the United States, another state, or a political subdivision of

 7
      this or another state, the individual is guilty of a misdemeanor

 8
      punishable by imprisonment for not more than 1 year or a fine of

 9
      not more than $5,000.00, or both.

10
           Enacting section 1.  This act takes effect September 1,

11
      2000.

12
           Enacting section 2.  This act does not take effect unless

13
      Senate Bill No. _____ or House Bill No. 5663 (request

14
      no. 04756'99 a) of the 90th Legislature is enacted into law.





























   04756'99          Final page.                            TVD