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Senate approves bill exempting full‑time officers from licensure for 'deception‑detection' devices
Summary
Senate Bill 46, an exemption for full‑time law‑enforcement officers from a licensure requirement for deception‑detection devices, passed after debate on device reliability and potential fiscal and legal exposure.
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The Utah Senate on Feb. 5 approved Senate Bill 46, which exempts full‑time law‑enforcement officers from a licensure procedure for certain deception‑detection devices. Sponsor Senator Hickman said the bill simply allows law‑enforcement agencies the option to use the devices without an expensive licensure process.
Senator Steele pressed why the exemption was needed before the technology’s usefulness and reliability were better established, noting a news report that questioned the device’s performance. Senator Spencer warned other states that relaxed standards had faced lawsuits and fiscal losses; he urged attaching a fiscal note to account for potential litigation exposure.
Hickman responded that the devices are investigatory tools (not admissible in court like a polygraph) and that the bill does not compel use; he argued law enforcement should have the choice to use another investigatory technique in their normal course of work. The clerk announced final passage with 19 yes, 6 no and 4 absent; the bill will be sent to the House for its consideration.
Why it mattered Supporters framed SB 46 as giving police another optional investigatory tool and reducing a bureaucratic licensure hurdle for full‑time officers. Opponents cautioned that loosening certification could create legal risk and wrongfully influence criminal dispositions where the device’s value is contested.
What’s next SB 46 will be transmitted to the House for further consideration and any committee review there.
