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Subject: State Polygraph
Ill. Admin. Code tit. 80, § 302.105 – Pre-Employment Screening
Illinos Compiled Statutes 225 ILCS Detection of Deception Examiners Act
102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3451
Introduced 2/22/2021, by Rep. Anne Stava-Murray
SYNOPSIS AS INTRODUCED:
New Act
Creates the Polygraph Exam Integrity Act. Provides that every polygraph question submitted for the administration of a polygraph exam by a State agency or entity shall be screened by independent legal counsel to ensure compliance with the Illinois Constitution and the United States Constitution and federal and State law. Provides that screenings shall be paid by the entity requesting the service.
LRB102 12027 KMF 17363 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3451LRB102 12027 KMF 17363 b
1 AN ACT concerning polygraphs.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Polygraph Exam Integrity Act.
6 Section 5. Polygraph questions. Notwithstanding any
7 provision of law to the contrary, every polygraph question
8 submitted for the administration of a polygraph exam for
9 hiring by a State agency or entity shall be screened by legal
10 counsel to ensure compliance with the Illinois and the
11 Constitution of the United States and federal and State law.
12 Screenings shall be paid by the entity requesting the service.
225 Ill. Comp. Stat. § 430/14.1
Employers Covered: All
What’s prohibited: Unless directly related to employment, examination may not include questions about:
• political, religious, or labor-related beliefs, affiliations, or lawful activities
• beliefs or opinions on racial matters, or
• sexual preferences or activity.
https://www.nolo.com/legal-encyclopedia/state-laws-polygraphs-lie-detector-tests.html
