                                 CODE OF VIRGINIA

INSTRUMENT TO BE USED (§ 54.1-1805)

A. Each polygraph examiner shall use an instrument that records permanently and
simultaneously the subject&#8217;s cardiovascular and respiratory patterns as
minimum standards, but such an instrument may record additional physiological
changes pertinent to the determination of truthfulness.

B. 1. The use of any other detection device that does not meet the
instrumentation requirements set forth in subsection A shall be approved by the
Director. The Director shall approve such other detection device only when the
data collected by such device is deemed to be reliable and valid in detecting
deception or verifying truth, based upon the preponderance of available
scientific evidence. The voluntary, written consent of any individual to be
tested using a detection device approved pursuant to this subsection shall be
obtained prior to the administration of any such test or questioning using the
device.

   2. Any such approved device shall be subject to regulations promulgated by the
   Director regarding its use in the Commonwealth.

   3. The Director shall establish standards of practice related to the use of
   any such other detection device approved pursuant to this subsection.

HISTORY: 1975, c. 522, § 54-922; 1988, c. 765; 2010, c. 625.