September 9, 2004, Introduced by Reps. LaSata, Accavitti, Bieda and Lipsey and referred to the Committee on Criminal Justice.
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:
1 Sec. 10. (1) Upon application and payment of the required
2 fee, a person is qualified to receive a license as an examiner
3 upon fulfilling the following:
4 (a) Who is Is
at least 18 years of age.
5 (b) Who is Is
a citizen of the United States.
6 (c) Who has Has
not been under sentence for the commission
7 of a felony within 5 years prior to his application, including
8 parole, probation, or actual incarceration.
9 (d) Who has Has
either 1 of the following, subject to
10 subsection (2):
11 (i) An academic degree, at least at the baccalaureate level,
1 from an accredited college or university, with such academic
2 degree to include specialized study in 1 academic major, or 2
3 academic minor areas which the board determines to be suitable
4 for and related to specialization as an examiner.
5 (ii) A high school diploma or its equivalent from an
6 accredited high school and at least 5 years of continuous
7 investigative experience with a recognized governmental law
8 enforcement or governmental investigative agency.
9 After December 31,
1974, all applicants shall have received
10 at least 60 semester
hours of academic credit at the college
11 level, or its
equivalent, from an accredited college or
12 university, and after
December 31, 1979, all applicants shall
13 have received an
academic degree, at least at the baccalaureate
14 level, from an
accredited college or university, with such
15 academic degree to
include specialized study in 1 academic major,
16 or 2 academic minor
areas which the board determines to be
17 suitable for and
related to specialization as an examiner.
18 (e) Who has Has
either 1 of the following:
19 (i) Who has Has satisfactorily completed
an internship
20 training program approved by the board.
21 (ii) Who satisfies Satisfies the board
that he or she has
22 training or experience equivalent to such an internship training
23 program.
24 (f) Who furnishes
Furnishes the board with satisfactory
25 proof that he or she has suitable experience in the personal
26 administration of
polygraph examinations during his an
27 internship, or its equivalent.
1 (g) Who furnishes
Furnishes the board with completed
2 fingerprint cards in duplicate, bearing the applicant's
3 fingerprints and such other identifying information or
4 certification as to the
their authenticity thereof as the
5 board may reasonably require and arranges for the conduct of a
6 criminal history check that fails to demonstrate ineligibility
7 under this section. The board shall submit the applicant's
8 fingerprints along with the appropriate state and federal fees to
9 the department of state police for a criminal history check. The
10 department of state police may then forward the fingerprints to
11 the federal bureau of investigation for a criminal history
12 check. The information obtained as a result of the criminal
13 history check of an applicant shall be limited to officially
14 determining the character and fitness of the applicant for
15 licensing purposes.
16 (h) Who has Has
not previously had an examiner's license,
17 or its equivalent, refused, revoked, suspended or otherwise
18 invalidated for cause duly shown which would also represent
19 lawful grounds for revoking or denying applicant's license under
20 this act.
21 (i) Where Upon
reasonable investigation, satisfies the
22 board that no substantial derogatory information exists regarding
23 applicant's loyalty, honesty, or integrity as would reasonably
24 and prudently justify denying him or her a license.
25 (j) Who has Has
continuously resided in this state or has
26 been continuously eligible to apply for an absentee voter's
27 ballot for the general elections in this state for at least 6
1 calendar months
immediately prior to before the date of his
2 the application; or any combination of these 2 requirements
3 which that totals at least 6 calendar months.
4 (k) Who has Has
satisfactorily passed required qualifying
5 examinations conducted by the board, or under its supervision, to
6 determine his or her competency to obtain a license to practice
7 as an examiner; but the applicant first shall have satisfied all
8 the other requirements in this section before taking such a
9 qualifying examination.
10 (2) After December 31, 1974, all applicants shall have
11 received at least 60 semester hours of academic credit at the
12 college level, or its equivalent, from an accredited college or
13 university, and after December 31, 1979, all applicants shall
14 have received an academic degree, at least at the baccalaureate
15 level, from an accredited college or university, with such
16 academic degree to include specialized study in 1 academic major,
17 or 2 academic minor areas which the board determines to be
18 suitable for and related to specialization as an examiner.