REFERENCE TITLE: law enforcement; polygraph examinations; prohibition

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1058

Introduced by

Senator Kavanagh

An Act

amending section 38-1108, Arizona Revised Statutes; relating to law enforcement officers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-1108, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1108. Polygraph examinations; exception

A. An employer may not administer a polygraph examination to an applicant for the position of law enforcement officer, to a law enforcement officer in administrative investigations or to a law enforcement agency volunteer.

B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.

C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.

D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.

E. D. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee. END_STATUTE

Sec. 2. Law enforcement officer polygraph examinations; destruction of data and reports; delayed repeal

A. Beginning on the effective date of this act, the data and reports from a polygraph examination of a law enforcement officer that was conducted before the effective date of this act pursuant to section 38-1108, Arizona Revised Statutes, as amended by this act, shall be destroyed as soon as practicable three years after the date of the law enforcement officer's appointment or employment but not more than ninety calendar days after that date.

B. This section is repealed from and after December 31, 2026.