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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
law enforcement; polygraph examinations; prohibition
Purpose
Prohibits an employer from administering a polygraph examination to a law enforcement officer applicant or a law enforcement agency volunteer.
Background
Law enforcement agencies are currently prohibited from administering polygraph examinations to law enforcement officers during administrative investigations. Additionally, the results of polygraph examinations in an investigation may not be the basis of disciplinary actions unless other corroborating evidence or information exists to support disciplinary action. All data and reports from polygraph examinations are confidential and can only be used for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered. Statute also requires data and reports from polygraph examinations to be destroyed as soon as practicable three years after the date of employment but not more than 90 days after that date, except for examinations for preemployment in which an applicant was not hired (A.R.S. § 38-1108).
Before being appointed to or attending an academy to provide basic
training for
full-authority or specialty peace officers, the Arizona Peace Officer Standards
and Training Board requires individuals to meet certain minimum qualifications,
including undergoing a polygraph examination that meets prescribed requirements
(A.A.C.
R13-4-105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a law enforcement agency from administering a polygraph examination to a person who applies for a law enforcement officer position or to a law enforcement agency volunteer.
2. Requires data and reports from any polygraph examinations of a law enforcement officer conducted before the general effective date to be destroyed as soon as practicable three years after the date of the officer's appointment or employment, but not more than 90 days after that date.
3. Repeals the requirements related to the destruction of law enforcement officer polygraph examination data and reports on January 1, 2027.
4. Makes a conforming change.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 23, 2023
ZD/sr