54.1-1805 - Instrument to be used. - Virginia Statutes

§ 54.1-1805. Instrument to be used.

A. Each polygraph examiner shall use an instrument that records permanentlyand simultaneously the subject's cardiovascular and respiratory patterns asminimum standards, but such an instrument may record additional physiologicalchanges pertinent to the determination of truthfulness.

B. 1. The use of any other detection device that does not meet theinstrumentation requirements set forth in subsection A shall be approved bythe Director. The Director shall approve such other detection device onlywhen the data collected by such device is deemed to be reliable and valid indetecting deception or verifying truth, based upon the preponderance ofavailable scientific evidence. The voluntary, written consent of anyindividual to be tested using a detection device approved pursuant to thissubsection shall be obtained prior to the administration of any such test orquestioning using the device.

2. Any such approved device shall be subject to regulations promulgated bythe Director regarding its use in the Commonwealth.

3. The Director shall establish standards of practice related to the use ofany such other detection device approved pursuant to this subsection.

(1975, c. 522, § 54-922; 1988, c. 765; 2010, c. 625.)