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Senate advances bill to exempt law-enforcement use of voice-stress analyzers from licensing amid scientific concerns
Summary
SB46 would exempt full-time law-enforcement use of computer voice stress analyzers (CVSAs) from Department of Professional Licensing requirements. Sponsors said the device is an investigatory tool used by law enforcement; several senators and law-enforcement critics cited studies questioning the CVSA’s ability to discriminate truthful from deceptive responses. The bill passed to third reading 19–5–5.
The Utah Senate on Feb. 1 advanced SB46, which would exempt full-time law-enforcement officers’ use of computerized voice-stress analyzers from licensing requirements under the Deception Detection Examiners Licensing Act.
Senator Hickman, sponsor, said the equipment is an investigatory tool for law enforcement and should be treated like other investigatory devices that are not individually licensed. "It is simply a tool that law enforcement may use in their investigatory procedures... It is not admissible in court. It is just a tool," Hickman said.
Opponents, including Senator Spencer and Senator Steele, expressed concern about scientific validity and legal exposure. Senator Steele read a study conclusion into the record, summarizing that while there is some evidence for the instrument’s basic electrical theory, the device failed in the study to discriminate between truthful and deceptive responses, cautioning that exempting it from licensure could allow the device to be used as the sole investigative method.
Supporters countered that multiple law-enforcement organizations back the move, including the Utah Law Enforcement Legislative Committee, sheriffs and prosecuting associations. Hickman said the technology is emerging and that agencies should have the discretion to use it.
The Senate voted to read SB46 for the third time and advance it to third reading; the clerk recorded 19 ayes, 5 nays and 5 absent.
Clarifying details: Senators cited a study titled along the lines of "effectiveness of detection and deception examinations under the computer voice stress analyzer" concluding that the CVSA did not reliably discriminate truthful from deceptive responses in the tested sample; sponsor stressed the device would remain optional for investigators and not admissible evidence in court.
Next steps: SB46 returns on the Senate’s third-reading calendar for final consideration.
