SB-0137, As Passed Senate, February 9, 2005
February 1, 2005, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1972 PA 295, entitled
"Forensic polygraph examiners act,"
by amending section 10 (MCL 338.1710).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Upon application and payment of the required fee,
a person fulfilling the following is qualified to receive a license
as an examiner:
(a)
Who is Is at least 18 years of age.
(b)
Who is Is a citizen of the United States.
(c)
Who has Has not been under sentence for the commission
of a felony within 5 years prior to his or her application,
including parole, probation, or actual incarceration.
(d)
Who has Has either 1 of the following, subject to
subsection (2):
(i) An academic degree, at least at the baccalaureate level,
from
an accredited college or university, with such an academic
degree to include specialized study in 1 academic major, or 2
academic
minor areas which that the board determines to be
suitable for and related to specialization as an examiner.
(ii) A high school diploma or its equivalent from an accredited
high school and at least 5 years of continuous investigative
experience with a recognized governmental law enforcement or
governmental investigative agency.
After
December 31, 1974, all applicants shall have received
at
least 60 semester hours of academic credit at the college level,
or
its equivalent, from an accredited college or university, and
after
December 31, 1979, all applicants shall have received an
academic
degree, at least at the baccalaureate level, from an
accredited
college or university, with such academic degree to
include
specialized study in 1 academic major, or 2 academic minor
areas
which the board determines to be suitable for and related to
specialization
as an examiner.
(e)
Who has Has either 1 of the following:
(i) Who has Has satisfactorily completed
an internship
training program approved by the board.
(ii) Who satisfies Satisfies
the board that he or she has
training
or experience equivalent to such an internship training
program described in subparagraph (i).
(f)
Who furnishes Furnishes the board with satisfactory
proof that he or she has suitable experience in the personal
administration
of polygraph examinations during his an
internship, or its equivalent.
(g)
Who furnishes Furnishes the board with completed
fingerprint
cards in duplicate a completed fingerprint card,
bearing the applicant's fingerprints and such other identifying
information
or certification as to the their authenticity
thereof
as the board may reasonably
require and arranges for the
conduct of a criminal history check that fails to demonstrate
ineligibility under this section. The board shall submit the
applicant's fingerprints along with the appropriate state and
federal fees to the department of state police for a criminal
history check. The department of state police may then forward the
fingerprints to the federal bureau of investigation for a criminal
history check. The fee shall be paid by the applicant and shall
accompany the submission of the fingerprints to the board. The
information obtained as a result of the criminal history check of
an applicant shall be limited to officially determining the
character and fitness of the applicant for licensing purposes.
(h)
Who has Has not previously had an examiner's license, or
its equivalent, refused, revoked, suspended or otherwise
invalidated
for cause duly shown which a
reason that would also
represent lawful grounds for revoking or denying applicant's
license under this act.
(i)
Where Upon reasonable investigation,
satisfies the board
that no substantial derogatory information exists regarding
applicant's loyalty, honesty, or integrity as would reasonably and
prudently justify denying him or her a license.
(j)
Who has Has continuously resided in this state or has
been continuously eligible to apply for an absentee voter's ballot
for the general elections in this state for at least 6 calendar
months
immediately prior to before the date of his the
application;
or any combination of these 2 requirements which
that totals at least 6 calendar months.
(k)
Who has Has satisfactorily passed required qualifying
examinations conducted by the board, or under its supervision, to
determine his or her competency to obtain a license to practice as
an
examiner, ; but
except that the applicant first shall
have
satisfied all the other requirements in this section before taking
such a qualifying examination.
(2) After December 31, 1974, all applicants shall have
received at least 60 semester hours of academic credit at the
college level, or its equivalent, from an accredited college or
university, and after December 31, 1979, all applicants shall have
received an academic degree, at least at the baccalaureate level,
from an accredited college or university, with such academic degree
to include specialized study in 1 academic major, or 2 academic
minor areas which the board determines to be suitable for and
related to specialization as an examiner.