SB-0137, As Passed Senate, February 9, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 137

 

 

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.