2017 ORS 703.310¹
Polygraph equipment requirements
  • use of noncomplying equipment prohibited
  • remedy for violation

(1) All instruments or mechanical devices that are used by polygraph examiners to test or question an individual for the purpose of detecting deception or of verifying the truth of statements made by the individual shall record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual. The patterns of other physiological changes of the individual also may be recorded.

(2) Except as otherwise provided in ORS 703.335 (Equipment police officer may use to detect deception or verify truth), a person may not use any instrument or mechanical device to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by the individual that does not comply with the minimum requirements for the instrument or device under subsection (1) of this section. The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, may, in the name of the State of Oregon, initiate and maintain appropriate judicial proceedings, in the manner provided by law for such proceedings, to enjoin the use by a polygraph examiner of any instrumentation or mechanical device that does not comply with the minimum requirements specified in subsection (1) of this section. [1975 c.608 §26; 1997 c.853 §59; 2003 c.777 §4]

Notes of Decisions

In prison disciplinary hearing, introduc­tion of actual ques­tions asked prisoner during polygraph examina­tion, re­gard­ing his involve­ment in alleged assault, constituted sufficient founda­tion for admission of record of polygraph test and conclusions of general polygraph examiner, notwithstanding that prisoner’s verbal answers were not recorded or introduced. Preston v. OSP, 35 Or App 799, 583 P2d 9 (1978)

1 Legislative Counsel Committee, CHAPTER 703—Truth Verification and Deception Detection; Investigators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors703.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 703, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano703.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.