(1) DEFINITION. In this section, “honesty testing device” means a polygraph, voice stress analysis, psychological stress evaluator or any other similar test purporting to test honesty.
(2) GENERAL RULE OF THE PRIVILEGE. A person has a privilege to refuse to disclose and to prevent another from disclosing any oral or written communications during or any results of an examination using an honesty testing device in which the person was the test subject.
(3) WHO MAY CLAIM PRIVILEGE. The privilege may be claimed by the person, by the person’s guardian or conservator or by the person’s personal representative, if the person is deceased.
(4) EXCEPTION. There is no privilege under this section if there is a valid and voluntary written agreement between the test subject and the person administering the test.