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2000 SESSION
007278946Patrons-- Suit, Amundson, Byron, Cantor, Drake, Jones, S.C., McDonnell, Plum, Purkey, Scott, Stump and Wardrup; Senators: Howell, Puller, Rerras, Stolle and Ticer
Be it enacted by the General Assembly of Virginia:
1. That § 40.1-51.4:4 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.
A. As used in this section, the term "lie detector test" means any test utilizing a polygraph or any other device, mechanism or instrument which is operated, or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.
B. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for any
law-enforcement agency [ , as defined in § 2.1-116.1 except the Department of
State Police, except any such agency located in a city having a population
between 51,000 and 54,000, except any such agency located in a city having a
population between 180,000 and 200,000, except any such agency located in a
city having a population between 200,000 and 210,000, except in any county
having the urban county executive form of government and any city or town surrounded thereby or
adjacent thereto, ] or regional jail to require any employee to submit to a lie
detector test, or to discharge, demote or otherwise discriminate against any employee for
refusal or failure to take a lie detector test, except that the chief executive
officer of a law-enforcement agency or the superintendent of a regional jail may, by
written directive, require an employee to submit to a lie detector test related to a
particular internal administrative investigation concerning allegations of
misconduct or criminal activity. [ No employee required to submit to a lie
detector test shall be discharged, demoted or otherwise discriminated against solely
on the basis of the results of the lie detector test. ]
C. Any person who believes that he has been discharged, demoted or otherwise discriminated against by any person in violation of this section may, within ninety days after such alleged violation occurs, file a complaint with the Commissioner. Upon a finding by the Commissioner of a violation of this section, the Commissioner shall order, in the event of discharge or demotion, reinstatement of such person to his former position with back pay plus interest at a rate not to exceed eight percent per annum. Such orders of the Commissioner which have become final under the Virginia Administrative Process Act (§ 9-6.14:1 et seq.) may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. The Commissioner, or his authorized representative, shall have the right to petition circuit court for injunctive or such other relief as may be necessary for enforcement of this section. No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section.