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                                          ENGROSSED SENATE BILL NO. 4302

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Wojahn, McDermott and Williams

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to lie detectors; amending RCW 49.44.120 and 49.44.130; adding a new section to chapter 49.44 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 152, Laws of 1965 as amended by section 1, chapter 145, Laws of 1973 and RCW 49.44.120 are each amended to read as follows:

          It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee ((to)) take or be subjected to any lie detector or similar tests as a condition of employment or continued employment:  PROVIDED, That this section shall not apply to persons making initial application for employment with any law enforcement agency:  PROVIDED FURTHER, That this section shall not apply to either the initial application for employment or continued employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50 RCW, or to persons in sensitive positions directly involving national security((, or to persons in the field of public law enforcement who are seeking promotion to a rank of captain or higher)).

As used in this section, "lie detector" means any test or examination whose purpose is to detect deception, test honesty, or verify the truth of statements.  Nothing in this section shall be construed to prohibit the use of psychological tests as defined in RCW 18.83.010.

        Sec. 2.  Section 2, chapter 152, Laws of 1965 and RCW 49.44.130 are each amended to read as follows:

(1) Any person violating the provisions of RCW 49.44.120 shall be guilty of a gross misdemeanor.

(2) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.

(3) Nothing in this section or RCW 49.44.120 may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under RCW 49.44.120 for purposes of any civil action or injunctive relief.

NEW SECTION. Sec. 3.  A new section is added to chapter 49.44 RCW to read as follows:

          In a civil action alleging a violation of RCW 49.44.120, the court may:

          (1) Award a penalty in the amount of two thousand dollars to a prevailing employee or prospective employee in addition to any award of actual damages;

          (2) Award reasonable attorneys' fees and costs to the prevailing employee or prospective employee; and

          (3) Pursuant to RCW 4.84.185, award any prevailing party against whom an action has been brought for a violation of RCW 49.44.120 reasonable expenses and attorneys' fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.