Polygraph examiners law; revise to include computer voice stress analyzer examiners and authorize use of CVSA examinations.

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To: Judiciary B;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1196

AN ACT TO AMEND SECTIONS 73-29-1, 73-29-3, 73-29-5, 73-29-7, 1
73-29-11, 73-29-13, 73-29-19, 73-29-21, 73-29-23, 73-29-25, 2
73-29-27, 73-29-29, 73-29-31, 73-29-33, 73-29-35, 73-29-37, 3
73-29-45 AND 73-29-47, MISSISSIPPI CODE OF 1972, WHICH ARE 4
PROVISIONS OF THE POLYGRAPH EXAMINERS LAW, TO RENAME THE LAW AS 5
"THE POLYGRAPH AND COMPUTER VOICE STRESS ANALYZER EXAMINERS LAW"; 6
TO AUTHORIZE THE USE OF POLYGRAPH EXAMINATIONS OR COMPUTER VOICE 7
STRESS ANALYZER (CVSA) EXAMINATIONS TO VERIFY TRUTH IN STATEMENTS 8
OR DETECTING DECEPTIONS MADE BY INDIVIDUALS SUBJECT TO SUCH 9
EXAMINATIONS; TO CONFORM PROVISIONS RELATED TO THE EXAMINER'S 10
BOARD, QUALIFICATIONS OF INDIVIDUALS TO BE LICENSED AS POLYGRAPH 11
OR CVSA EXAMINERS, LICENSURE RECIPROCITY, SCHEDULING OF FEES, 12
TERMS OF LICENSE AND DISCIPLINARY ACTIONS AGAINST EXAMINERS 13
LEADING TO THE DENIAL SUSPENSION OR REVOCATION OF THE LICENSE, AND 14
ILLEGAL ACTIVITIES OF EXAMINERS; TO AMEND SECTIONS 45-1-21, 15
45-3-47 AND 99-1-27, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 16
PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 73-29-9, 17
73-29-15, 73-29-17, 73-29-39, 73-29-41 AND 73-29-43, MISSISSIPPI 18
CODE OF 1972, FOR PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 19
PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 73-29-1, Mississippi Code of 1972, is 22
amended as follows: 23
73-29-1. This chapter shall be known, and may be cited, as 24
"the Polygraph and Computer Voice Stress Analyzer Examiners Law." 25
SECTION 2. Section 73-29-3, Mississippi Code of 1972, is 26
amended as follows: 27
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73-29-3. In this chapter, unless the context requires a 28
different definition: 29
(a) "Board" means the * * * Polygraph and Computer 30
Voice Stress Analyzer Examiners Board; 31
(b) "Secretary" means that member of the * * * board 32
selected by the board to act as secretary; 33
(c) "Internship" means the study of polygraph or 34
computer voice stress analyzer examinations and of the 35
administration of polygraph or computer voice stress analyzer 36
examinations by a trainee under the personal supervision and 37
control of a polygraph or CVSA examiner in accordance with a 38
course of study prescribed by the board at the commencement of 39
such internship; 40
(d) "Person" means any natural person, firm, 41
association, copartnership, or corporation; * * * 42
(e) "Polygraph examiner" means any person who uses any 43
device or instrument to test or question individuals for the 44
purpose of verifying truth of statements * * *; 45
(f) "Polygraph device" means an instrument that, at a 46
minimum, records visually, permanently, and simultaneously a 47
subject's cardiovascular pattern, respiratory pattern, and 48
galvanic skin response; 49
(g) "Computer voice stress analyzer" or "CVSA," means 50
an instrument that detects, measures, and displays changes in 51
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voice frequency, which can be recorded permanently and 52
simultaneously; and 53
(h) "CVSA examiner" means any person who uses a 54
computer voice stress analyzer to question individuals for the 55
purpose of detecting deception. 56
SECTION 3. Section 73-29-5, Mississippi Code of 1972, is 57
amended as follows: 58
73-29-5. Every polygraph examiner shall use an instrument 59
which records visually, permanently, and simultaneously: 60
( * * *a) A subject's cardiovascular pattern * * *; and 61
( * * *b) A subject's respiratory pattern * * *; or 62
(c) Patterns of other physiological changes in addition 63
to subparagraphs ( * * *i) and ( * * *ii) may also be recorded. 64
(d) Every CVSA examiner shall use a computer voice 65
stress analyzer instrument that detects, measures, and displays 66
changes in voice frequency, which can be recorded permanently and 67
simultaneously. 68
SECTION 4. Section 73-29-7, Mississippi Code of 1972, is 69
amended as follows: 70
73-29-7. (1) There is * * * established a Polygraph and 71
Computer Voice Stress Analyzer Examiners Board consisting of three 72
(3) members who shall be citizens of the United States and 73
residents of the state for at least two (2) years prior to 74
appointment and at the time of appointment are active polygraph or 75
CVSA examiners. No two (2) board members may be employed by the 76
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same person or agency. At least one (1) member must be a 77
qualified examiner of a governmental law enforcement agency, and 78
shall be the supervisor of the polygraph and computer voice stress 79
analyzer section of the Department of Public Safety, and at least 80
one (1) member must be a qualified polygraph or CVSA examiner in 81
the commercial field. The members shall be appointed by the 82
Governor of the State of Mississippi with the advice and consent 83
of the Senate for a term of six (6) years. The terms of office of 84
members appointed to the initial board are one (1) for two (2) 85
years; one (1) for four (4) years; and one (1) for six (6) years. 86
Any vacancy in an unexpired term shall be filled by appointment of 87
the Governor with the advice and consent of the Senate for the 88
unexpired term. 89
(2) The board shall elect a chairman, vice chairman and 90
secretary from among its members. 91
(3) The vote of a majority of the board members is 92
sufficient for passage of any business or proposal which comes 93
before the board. 94
(4) The members of the board shall receive * * * per diem 95
for each day spent in the actual discharge of their duties as 96
authorized under Section 25-3-69 plus the expense allowance equal 97
to the maximum daily expense rate allowable to employees of the 98
federal government for travel in the high rate geographical area 99
of Jackson, Mississippi, as may be established by federal 100
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regulations, per day, including mileage as authorized by Section 101
25-3-41. 102
(5) The Department of Public Safety is * * * authorized to 103
provide the board with an appropriate office and such 104
administrative and clerical services as may be necessary to carry 105
out the board's responsibilities, including investigative and 106
testing services, budgetary support and such other services and 107
support deemed appropriate by the Commissioner of Public Safety. 108
SECTION 5. Section 73-29-9, Mississippi Code of 1972, is 109
brought forward as follows: 110
73-29-9. (1) The board shall issue regulations consistent 111
with the provisions of this chapter for the administration and 112
enforcement of this chapter and shall prescribe forms which shall 113
be issued in connection therewith. 114
(2) An order or a certified copy thereof, over the board 115
seal and purporting to be signed by the board members, shall be 116
prima facie proof that the signatures are the genuine signatures 117
of the board members, and that the board members are fully 118
qualified to act. 119
(3) All fees collected under the provisions of this chapter 120
shall be paid to the Treasurer of the State of Mississippi. Funds 121
necessary for the enforcement of this chapter and the 122
administration of its provisions shall be appropriated by the 123
Legislature to the Department of Public Safety, but the funds so 124
appropriated for a fiscal year shall not exceed the total amount 125
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of the fees which it is anticipated will be collected hereunder 126
during such fiscal year, plus the amount of funds which were 127
unexpended by the board for the next preceding fiscal year. 128
(4) The board shall, prior to November 1 of each year, 129
submit to the Attorney General of Mississippi and the Legislature, 130
a detailed, written report on all the activities of the board and 131
all expenditures made by it during the preceding fiscal year 132
ending June 30. 133
SECTION 6. Section 73-29-11, Mississippi Code of 1972, is 134
amended as follows: 135
73-29-11. It shall be unlawful for any person, including a 136
city, county or state employee, to administer polygraph or 137
computer voice stress analyzer examinations or attempt to hold 138
himself out as a polygraph examiner or CVSA examiner without a 139
license approved by the board and issued by the board. 140
SECTION 7. Section 73-29-13, Mississippi Code of 1972, is 141
amended as follows: 142
73-29-13. A person is qualified to receive a license 143
as * * * a polygraph or CVSA examiner under this chapter: 144
(1) Who is at least twenty-one (21) years of age; 145
(2) Who is a citizen of the United States; 146
(3) Who establishes that he is a person of honesty, 147
truthfulness, integrity, and moral fitness; 148
(4) Who has not been convicted of a felony or a 149
misdemeanor involving moral turpitude; 150
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(5) Who holds a baccalaureate degree from a college or 151
university accredited by the American Association of Collegiate 152
Registrars and Admissions Officers or, in lieu thereof, has five 153
(5) consecutive years of active investigative experience 154
immediately preceding his application; 155
(6) Who is a graduate of a polygraph or CVSA examiners 156
course approved by the board and has satisfactorily completed not 157
less than six (6) months of internship training, provided that if 158
the applicant is not a graduate of an approved polygraph or 159
computer voice stress analyzer examiners course, satisfactory 160
completion of not less than twelve (12) months of internship 161
training may satisfy this subdivision; and 162
(7) Prior to the issuance of a license, the applicant 163
must furnish to the board evidence of a surety bond or insurance 164
policy. Said surety bond or insurance policy shall be in the sum 165
of Five Thousand Dollars ($5,000.00) and shall be conditioned that 166
the obligor therein will pay to the extent of the face amount of 167
such surety bond or insurance policy all judgments which may be 168
recovered against the licensee by reason of any wrongful or 169
illegal acts committed by him in the course of his examinations. 170
SECTION 8. Section 73-29-15, Mississippi Code of 1972, is 171
brought forward as follows: 172
73-29-15. Applications for original licenses shall be made 173
to the secretary of the board in writing under oath on forms 174
prescribed by the board, to which forms must be affixed the 175
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applicant's fingerprints and a recent photograph, and shall be 176
accompanied by the required fee which is not refundable. Any such 177
application shall require such information as in the judgment of 178
the board will enable it to pass on the qualifications of the 179
applicant for a license. 180
Each application or filing made under this section shall 181
include the social security number(s) of the applicant in 182
accordance with Section 93-11-64, Mississippi Code of 1972. 183
SECTION 9. Section 73-29-17, Mississippi Code of 1972, is 184
brought forward as follows: 185
73-29-17. (a) Each nonresident applicant for an original 186
license or a renewal license shall file with the board an 187
irrevocable consent that actions against said applicant may be 188
filed in any appropriate court of any county or municipality of 189
this state in which the plaintiff resides or in which some part of 190
the transaction occurred out of which the alleged cause of action 191
arose and that process on any such action may be served on the 192
applicant by leaving two (2) copies thereof with the secretary. 193
Such consent shall stipulate and agree that such service of 194
process shall be taken and held to be valid and binding for all 195
purposes. The secretary of the board shall send forthwith one (1) 196
copy of the process to the applicant at the address shown on the 197
records of the board by registered or certified mail. 198
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(b) Nonresident applicants must satisfy the requirements of 199
Section 73-29-13, and furnish also a recent photograph and 200
fingerprints. 201
SECTION 10. Section 73-29-19, Mississippi Code of 1972, is 202
amended as follows: 203
73-29-19. An applicant who is a polygraph examiner or CVSA 204
examiner licensed under the laws of another state or territory of 205
the United States may be issued a license upon payment of a fee of 206
Fifty Dollars ($50.00) and the production of satisfactory proof 207
that: 208
(1) He is at least twenty-one (21) years of age; 209
(2) He is a citizen of the United States; 210
(3) He is of good moral character; 211
(4) The requirements for the licensing of polygraph 212
examiners or CVSA examiners in such particular state or territory 213
of the United States were, at the date of the applicant's 214
licensing therein, substantially equivalent to the requirements 215
now in force in this state; 216
(5) The applicant had lawfully engaged in the 217
administration of polygraph or computer voice stress analyzer 218
examinations under the laws of such state or territory for at 219
least two (2) years prior to his application for license 220
hereunder; 221
(6) Such other state or territory grants similar 222
reciprocity to license holders of this state; and 223
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(7) He has complied with Section 73-29-17. 224
The issuance of a license by reciprocity to a 225
military-trained applicant, military spouse or person who 226
establishes residence in this state shall be subject to the 227
provisions of Section 73-50-1 or 73-50-2, as applicable. 228
SECTION 11. Section 73-29-21, Mississippi Code of 1972, is 229
amended as follows: 230
73-29-21. (a) Upon approval by the board, the secretary 231
shall issue an internship license to a trainee provided he applies 232
for such license and pays the required fee within ten (10) days 233
prior to the commencement of his internship. The application 234
shall contain * * * any information as may be required by the 235
board. 236
(b) An internship license shall be valid for the term of 237
twelve (12) months from the date of issue. * * * The license may 238
be extended or renewed for any term not to exceed six (6) months 239
upon good cause shown to the board. 240
(c) A trainee shall not be entitled to hold an internship 241
license after the expiration of the original twelve-month period 242
and six-month extension if such extension is granted by the board 243
until twelve (12) months after the date of expiration of the last 244
internship license held by * * * the trainee. 245
(d) If a polygraph examiner or CVSA examiner is not 246
available to personally supervise a trainee in the internship 247
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program, then a member of the board shall supervise and sponsor 248
the trainee. 249
SECTION 12. Section 73-29-23, Mississippi Code of 1972, is 250
amended as follows: 251
73-29-23. The fee to be paid for an original polygraph 252
examiner's or CVSA examiner's license is Fifty Dollars ($50.00). 253
The fee to be paid for an internship license is Thirty 254
Dollars ($30.00). 255
The fee to be paid for the issuance of a duplicate polygraph 256
examiner's or CVSA examiner's license is Ten Dollars ($10.00). 257
The fee to be paid for a polygraph examiner's or CVSA 258
examiner's renewal license is Fifty Dollars ($50.00). 259
The fee to be paid for the extension or renewal of an 260
internship license is Twenty-five Dollars ($25.00). 261
The fee to be paid for a duplicate internship license is Ten 262
Dollars ($10.00). 263
The fees required by this chapter may be paid by the 264
governmental agency employing the examiner. 265
SECTION 13. Section 73-29-25, Mississippi Code of 1972, is 266
amended as follows: 267
73-29-25. A license or duplicate license must be prominently 268
displayed at the place of business of the polygraph examiner or 269
CVSA examiner or at the place of internship. Each license shall 270
be signed by the board members and shall be issued under the seal 271
of the board. 272
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SECTION 14. Section 73-29-27, Mississippi Code of 1972, is 273
amended as follows: 274
73-29-27. Notice in writing shall be given to the secretary 275
by the licensed polygraph or CVSA examiner of any change of 276
principal business location within thirty (30) days of the time he 277
changes the location. A change of business location without 278
notification to the secretary shall automatically suspend the 279
license theretofore issued. 280
SECTION 15. Section 73-29-29, Mississippi Code of 1972, is 281
amended as follows: 282
73-29-29. Except as provided in Section 33-1-39, each 283
polygraph examiner's license and CVSA examiner's license shall be 284
issued for the term of one (1) year and shall, unless suspended or 285
revoked, be renewed annually as prescribed by the board * * *. 286
However, * * * licenses issued from and after July 1, 1994, shall 287
be issued for terms of two (2) years and shall, unless suspended 288
or revoked, be renewed as prescribed by the board. No license 289
shall be renewed unless the board receives satisfactory proof of 290
such continuing education as it by regulation requires. 291
SECTION 16. Section 73-29-31, Mississippi Code of 1972, is 292
amended as follows: 293
73-29-31. (1) The board may refuse to issue or may suspend 294
or revoke a license on any one or more of the following grounds: 295
(a) For failing to inform a subject to be examined as 296
to the nature of the examination; 297
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(b) For failing to inform a subject to be examined that 298
his participation in the examination is voluntary; 299
(c) Material misstatement in the application for 300
original license or in the application for any renewal license 301
under this chapter; 302
(d) Willful disregard or violation of this chapter or 303
of any regulation or rule issued pursuant thereto, including, but 304
not limited to, willfully making a false report concerning an 305
examination for polygraph or computer voice stress analyzer 306
examination purposes; 307
(e) If the holder of any license has been adjudged 308
guilty of the commission of a felony or a misdemeanor involving 309
moral turpitude; 310
(f) Making any willful misrepresentation or false 311
promises or causing to be printed any false or misleading 312
advertisement for the purpose of directly or indirectly obtaining 313
business or trainees; 314
(g) Having demonstrated unworthiness or incompetency to 315
act as a polygraph or CVSA examiner * * *; 316
(h) Allowing one's license under this chapter to be 317
used by any unlicensed person in violation of the provisions of 318
this chapter; 319
(i) Willfully aiding or abetting another in the 320
violation of this chapter or any regulation or rule issued 321
pursuant thereto; 322
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(j) Where the license holder has been adjudged by a 323
court of competent jurisdiction as habitual drunkard, mentally 324
incompetent, or in need of a conservator; 325
(k) Failing, within a reasonable time, to provide 326
information requested by the secretary as the result of a formal 327
complaint to the board which would indicate a violation of this 328
chapter; 329
(l) Failing to inform the subject of the results of the 330
examination if so requested; or 331
(m) With regard to any polygraph examiner or CVSA 332
examiner employed for a fee and not employed by a governmental law 333
enforcement agency or the Mississippi Department of Corrections: 334
(i) Requiring a subject, prior to taking the 335
examination or as a condition of receiving the results of the 336
examination, to waive any rights or causes of action he may have 337
or which may accrue in favor of the subject arising out of or 338
resulting from the administration of the examination; except the 339
examiner may require, prior to the examination or as a condition 340
of receiving the results of the examination, a subject to waive 341
any rights or causes of action that may accrue against the 342
examiner as a result of any use made of the results of the 343
examination by the person who employed the examiner; 344
(ii) Requiring a subject to acknowledge that his 345
examination is not done for purposes of employment when, in fact, 346
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the results of the examination are to be submitted to an employer 347
or an agent of an employer; or 348
(iii) Reporting the results of an examination to 349
any person not authorized to receive the results of the 350
examination except for the person who employed the examiner, 351
unless authorized in writing by the subject. 352
(2) In addition to the grounds specified in subsection (1) 353
of this section, the board shall be authorized to suspend the 354
license of any licensee for being out of compliance with an order 355
for support, as defined in Section 93-11-153. The procedure for 356
suspension of a license for being out of compliance with an order 357
for support, and the procedure for the reissuance or reinstatement 358
of a license suspended for that purpose, and the payment of any 359
fees for the reissuance or reinstatement of a license suspended 360
for that purpose, shall be governed by Section 93-11-157 or 361
93-11-163, as the case may be. If there is any conflict between 362
any provision of Section 93-11-157 or 93-11-163 and any provision 363
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 364
as the case may be, shall control. 365
SECTION 17. Section 73-29-33, Mississippi Code of 1972, is 366
amended as follows: 367
73-29-33. Any unlawful act or violation of any of the 368
provisions of this chapter on the part of any polygraph examiner 369
or trainee or CVSA examiner or trainee shall not be cause for 370
revocation of the license of any other polygraph examiner or CVSA 371
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examiner for whom the offending examiner or trainee may have been 372
employed, unless it shall appear to the satisfaction of the board 373
that the polygraph examiner-employer or CVSA examiner-employer 374
has * * * willfully or negligently aided or abetted the illegal 375
actions or activities of the offending polygraph examiner or 376
trainee or CVSA examiner or trainee. 377
SECTION 18. Section 73-29-35, Mississippi Code of 1972, is 378
amended as follows: 379
73-29-35. Each polygraph examiner and CVSA examiner shall 380
register with the Secretary of State of the State of Mississippi 381
and with the circuit clerk in the county wherein he or she 382
maintains a business address. The circuit clerk of each county 383
shall maintain a list of all polygraph and CVSA examiners 384
registered in his or her county. 385
SECTION 19. Section 73-29-37, Mississippi Code of 1972, is 386
amended as follows: 387
73-29-37. (a) When there is cause to refuse an application 388
or to suspend or revoke the license of any polygraph examiner or 389
CVSA examiner, the board shall, not less than thirty (30) days 390
before refusal, suspension, or revocation action is taken, notify 391
such person in writing, in person, or by certified mail at the 392
last address supplied to the board by such person, of such 393
impending refusal, suspension, or revocation, the reasons 394
therefor, and of his or her right to an administrative hearing for 395
the purpose of determining whether or not the evidence is 396
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sufficient to warrant the refusal, suspension, or revocation 397
action proposed to be taken by the board. If, within twenty (20) 398
days after the personal service of such notice or such notice has 399
been deposited in the United States mail, such person has not made 400
a written request to the board for this administrative hearing, 401
the board is authorized to suspend or revoke the polygraph 402
examiner's license or CVSA examiner's license of such person 403
without a hearing. Upon receipt by the board of such written 404
request of such person within the twenty-day period as set out 405
above, an opportunity for an administrative hearing shall be 406
afforded as early as is practicable. In no case shall the hearing 407
be held less than ten (10) days after written notification 408
thereof, including a copy of the charges, shall have been given 409
the person by personal service or by certified mail sent to the 410
last address supplied to the board by the applicant or licensee. 411
The administrative hearing in such cases shall be before the 412
board. 413
(b) The board shall conduct the administrative hearings and 414
it is authorized to administer oaths and issue subpoenas for the 415
attendance of witnesses and the production of relevant books, 416
papers, documents, etc. On the basis of the evidence submitted at 417
the hearing, the board shall take whatever action it deems 418
necessary in refusing the application or suspending or revoking 419
the license. 420
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SECTION 20. Section 73-29-39, Mississippi Code of 1972, is 421
brought forward as follows: 422
73-29-39. Any person dissatisfied with the action of the 423
board in refusing his application or suspending or revoking his 424
license, or any other action of the board, may appeal the action 425
of the board by filing a petition within thirty (30) days 426
thereafter in the circuit court in the county where the person 427
resides or in the Circuit Court of Hinds County, Mississippi, and 428
the court is vested with jurisdiction and it shall be the duty of 429
the court to set the matter for hearing upon ten (10) days' 430
written notice to the board and the attorney representing the 431
board. The court in which the petition of appeal is filed shall 432
determine whether or not a cancellation or suspension of a license 433
shall be abated until the hearing shall have been consummated with 434
final judgment thereon or whether any other action of the board 435
should be suspended pending hearing, and enter its order 436
accordingly, which shall be operative when served upon the board, 437
and the court shall provide the attorney representing the board 438
with a copy of the petition and order. Except as otherwise 439
authorized in Section 7-5-39, the board shall be represented in 440
such appeals by the district or county attorney of the county or 441
the Attorney General, or any of their assistants. The board shall 442
initially determine all facts, but the court upon appeal shall set 443
aside the determination of the board if the board's determination 444
(1) is not based upon substantial evidence upon the entire record; 445
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(2) is arbitrary or capricious; (3) is in violation of statutory 446
requirements; or (4) was made without affording to licensee or 447
applicant due process of law. 448
Actions taken by the board in suspending a license when 449
required by Section 93-11-157 or 93-11-163 are not actions from 450
which an appeal may be taken under this section. Any appeal of a 451
license suspension that is required by Section 93-11-157 or 452
93-11-163 shall be taken in accordance with the appeal procedure 453
specified in Section 93-11-157 or 93-11-163, as the case may be, 454
rather than the procedure specified in this section. 455
SECTION 21. Section 73-29-41, Mississippi Code of 1972, is 456
brought forward as follows: 457
73-29-41. Upon the revocation or suspension of any license, 458
the licensee shall forthwith surrender the license or licenses to 459
the secretary; failure of a licensee to do so shall be a violation 460
of this chapter and upon conviction, shall be subject to the 461
penalties hereinafter set forth. At any time after the suspension 462
or revocation of any license, the secretary shall restore it to 463
the former licensee, upon the written recommendations of the 464
board. 465
SECTION 22. Section 73-29-43, Mississippi Code of 1972, is 466
brought forward as follows: 467
73-29-43. If any person violates any provisions of this 468
chapter, the secretary shall, upon direction of a majority of the 469
board, in the name of the State of Mississippi, through the 470
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Attorney General of the State of Mississippi, except as otherwise 471
authorized in Section 7-5-39, apply in any chancery court of 472
competent jurisdiction, for an order enjoining such violation or 473
for an order enforcing compliance with this chapter. Upon the 474
filing of a verified petition in the court, the court, or any 475
judge thereof, if satisfied by affidavit or otherwise that the 476
person has violated this chapter, may issue a temporary 477
injunction, without notice or bond, enjoining such continued 478
violation and if it is established that the person has violated or 479
is violating this chapter, the court, or any judge thereof, may 480
enter a decree perpetually enjoining the violation or enforcing 481
compliance with this chapter. In case of violation of any order 482
or decree issued under the provisions of this section, the court, 483
or any judge thereof, may try and punish the offender for contempt 484
of court. Proceedings under this section shall be in addition to, 485
and not in lieu of, all other remedies and penalties provided by 486
this chapter. 487
SECTION 23. Section 73-29-45, Mississippi Code of 1972, is 488
amended as follows: 489
73-29-45. Any person who violates any provision of this 490
chapter or any person who falsely states or represents that he has 491
been or is a polygraph examiner or trainee or CVSA examiner or 492
trainee shall be guilty of a misdemeanor and upon conviction 493
thereof shall be punished by a fine of not less than One Hundred 494
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) 495
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or by imprisonment in the county jail for a term of not to exceed 496
six (6) months, or both. 497
SECTION 24. Section 73-29-47, Mississippi Code of 1972, is 498
amended as follows: 499
73-29-47. Nothing in this chapter shall be construed as 500
permitting the results of truth examinations * * *, polygraph 501
examinations or computer voice stress analyzer examinations to be 502
introduced or admitted as evidence in a court of law. 503
SECTION 25. Section 45-1-21, Mississippi Code of 1972, is 504
amended as follows: 505
45-1-21. (1) (a) The Mississippi Department of Public 506
Safety being required by law to keep various records and perform 507
various services and being authorized to furnish certain records 508
and services, the department, by direction of the Commissioner of 509
Public Safety, shall establish and collect for such services a 510
proper fee, commensurate with the service rendered and the cost of 511
the service for the furnishing of any record or abstract thereof 512
in the Department of Public Safety now or which may hereafter be 513
required by law to be kept by said department, any photograph or 514
photo copy or any report of any kind authorized by law, including 515
services for polygraph tests and computer voice stress analyzer 516
examinations and reports thereof. 517
(b) No records shall be furnished by the Mississippi 518
Department of Public Safety which are classified as confidential 519
by law. All fees collected under this section shall be paid into 520
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the General Fund of the State Treasury in accordance with the 521
provisions of Section 45-1-23(2). 522
(2) (a) (i) The Commissioner of Public Safety, by rule 523
duly filed with the Secretary of State under the Administrative 524
Procedures Act, may establish a card stock fee to be paid by an 525
applicant when specifically authorized by statute for producing a 526
license, permit or identification card bearing the likeness of the 527
applicant. The card stock fee shall be the actual cost of 528
producing the license, permit or identification card as set by 529
contract rounded off to the next highest dollar. 530
(ii) The administrative rule filing shall include 531
either: 532
1. A copy of the contract governing the 533
actual cost of producing the license permit or identification 534
card, from which nonpublic information may be redacted; or 535
2. An abstract of the pertinent parts of the 536
contract verified to be correct by the person responsible for the 537
administrative rule filing. 538
(b) Monies collected for the card stock fee shall be 539
deposited into a special card stock fee account which the 540
Department of Public Safety shall use to pay the actual cost of 541
producing the licenses and identification cards. Any monies 542
collected in excess of the actual costs of the card stock fee may 543
be used by the department to defray the cost of future 544
photography, fraud deterrence and driver's license technology 545
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initiatives. Money remaining in the fund at the end of a fiscal 546
year shall not lapse into the State General Fund and any interest 547
earned from the investment of monies in the fund shall be 548
deposited to the credit of the fund. 549
(3) The fee authorization provided in subsection (2) of this 550
section shall not apply to any applicant in the custody of the 551
Department of Child Protection Services. 552
SECTION 26. Section 45-3-47, Mississippi Code of 1972, is 553
amended as follows: 554
45-3-47. (1) The selection program for such training school 555
shall consist of application, examination, investigation and 556
interview: 557
(a) Application. The commissioner shall prescribe an 558
application that shall contain a case history of the applicant, 559
fingerprints, picture of the applicant, certified copies of birth 560
certificate and transcript of school records. Said application 561
shall include certified copies of any discharge from the services 562
of the United States government. 563
(b) Examination. The commissioner shall adopt a 564
standardized test for applicants and each shall be required to 565
take the prescribed examination on a competitive basis. The 566
commissioner shall further require a physical examination by a 567
staff of competent doctors to determine that each applicant 568
selected is in good physical condition, including height-weight 569
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ratio as recommended by the United States Air Force, with no 570
deformities. 571
(c) Investigation. The commissioner shall require an 572
investigation of each applicant to determine that he or she is of 573
good moral character, between the ages of twenty-three (23) and 574
thirty-two (32), that he or she has completed a high school 575
education, and that he or she is honest, reliable, loyal and above 576
reproach. 577
(d) Interview. The commissioner shall require an 578
interview of each applicant considered for patrol service to be 579
conducted and may require an interview with his family if 580
necessary to determine that the applicant fulfills the 581
requirements as prescribed in paragraph (c), as well as any other 582
rules and regulations that may be prescribed. The commissioner 583
may at his discretion require the services of psychiatrists, 584
doctors, police officers or other professional people in 585
conducting such interviews. 586
(2) Before any person may be selected to attend a school or 587
be appointed as a member of the Mississippi Highway Safety Patrol, 588
the applicant must fulfill all the requirements as prescribed in 589
this section and meet the standards prescribed in this section and 590
meet the standards prescribed by the department, and may be 591
required to submit to a polygraph examination or computer voice 592
stress analyzer examination or both in connection with the 593
employment application. 594
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ST: Polygraph examiners law; revise to include
computer voice stress analyzer examiners and
authorize use of CVSA examinations.
(3) All applications, birth certificates, transcripts and 595
other records submitted by an applicant shall become the property 596
of the State of Mississippi and the Department of Public Safety, 597
shall be held confidential and shall not be discoverable by 598
judicial process. Such records may be destroyed after five (5) 599
years from the time of application. 600
SECTION 27. Section 99-1-27, Mississippi Code of 1972, is 601
amended as follows: 602
99-1-27. (1) No law enforcement officer, prosecutor or 603
other government official shall ask or require an adult, youth or 604
child victim of a sex offense to submit to a polygraph 605
examination, computer voice stress analyzer examination or other 606
truth telling device as a condition for proceeding with the 607
investigation of the offense. 608
(2) The refusal of a victim to submit to an examination 609
described above shall not prevent the investigation of the 610
offense. 611
(3) For purposes of this section, a "sex offense" shall have 612
the meaning ascribed in Section 45-33-23(h). 613
SECTION 28. This act shall take effect and be in force from 614
and after July 1, 2026. 615