S-1136               _______________________________________________

                                                   SENATE BILL NO. 4302

                        _______________________________________________

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; 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) In addition, any person violating RCW 49.44.120 shall be liable for:

(a) Twice the amount of wages lost by an employee terminated or suspended as a result of a lie detector test prohibited by RCW 49.44.120;

(b) In addition to actual damages, a penalty to the employee or prospective employee in the amount of two thousand dollars; and

(c) The reasonable attorneys' fees of the prevailing party.

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

(4) 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.