12-13 16:49 H.B. 17
1
Limitations on the Use of Polygraphs
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
2
3
LONG TITLE
4
Committee Note:
5
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
6 Legislative Vote:10 voting for0 voting against8 absent
7
General Description:
8
This bill limits the use of a polygraph on a victim of a sexual offense.
9
Highlighted Provisions:
10
This bill:
11
▸ defines terms;
12
▸ limits the use of a polygraph on a victim of a sexual offense; and
13
▸ makes technical and conforming changes.
14
Money Appropriated in this Bill:
15
None
16
Other Special Clauses:
17
None
18
Utah Code Sections Affected:
19
AMENDS:
20
77-37-2, as last amended by Laws of Utah 2024, Chapter 164
21
ENACTS:
22
77-37-201, Utah Code Annotated 1953
23
77-37-202, Utah Code Annotated 1953
24
25
Be it enacted by the Legislature of the state of Utah:
26
Section 1. Section 77-37-2 is amended to read:
27
Part 1. General Provisions
28
77-37-2 . Definitions.
29
As used in this chapter:
30
(1) "Alleged sexual offender" means the same as that term is defined in Section 53-10-801.
31
(2) "Child" means [a person] an individual who is younger than 18 years old, unless H.B. 17 12-13 16:49
32
otherwise specified in statute. The rights to information as extended in this chapter also
33
apply to the parents, custodian, or legal guardians of children.
34
(3) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
35
(4) "HIV infection" means the same as that term is defined in Section 53-10-801.
36
(5) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
37
[(5)] (6) "Sexual assault kit" means the same as that term is defined in Section 53-10-902.
38
[(6)] (7) "Sexual offense" means any conduct described in:
39
(a) Title 76, Chapter 5, Part 4, Sexual Offenses;
40
(b) Title 76, Chapter 5b, Sexual Exploitation Act;
41
(c) Section 76-7-102, incest;
42
(d) Section 76-9-702, lewdness; or
43
(e) Section 76-9-702.1, sexual battery.
44
[(7)] (8) "Victim" means an individual, including a minor, against whom an offense has
45
been allegedly committed.
46
[(8)] (9) "Witness" means [any person] an individual who has been subpoenaed or is
47
expected to be summoned to testify for the prosecution or who by reason of having
48
relevant information is subject to call or likely to be called as a witness for the
49
prosecution, whether any action or proceeding has commenced.
50
Section 2. Section 77-37-201 is enacted to read:
51
Part 2. Additional Protections for Victims
52
77-37-201 . Definitions for part.
53
As used in this part:
54
(1) "Polygraph examination" means a procedure involving the use of an instrument or
55
mechanical device that is:
56
(a) designed to detect and record changes in the physiological characteristics of an
57
individual, including the individual's pulse or breathing rate; and
58
(b) used to determine whether an individual is being truthful.
59
(2) "Polygraph examination" includes a lie detector test.
60
Section 3. Section 77-37-202 is enacted to read:
61
77-37-202 . Prohibition on the use of a polygraph examination on a victim of a
62
sexual offense.
63
(1) A law enforcement officer, a prosecuting attorney, a court, or other government official
64
may not:
- 2 - 12-13 16:49 H.B. 17
65
(a) request or compel a victim of a sexual offense to submit to a polygraph examination
66
during the course of a criminal investigation or prosecution of a sexual offense; or
67
(b) use a polygraph examination as a condition of proceeding with a criminal
68
investigation or prosecution of a sexual offense.
69
(2) The refusal of a victim of a sexual offense to submit to a polygraph examination may
70
not prevent the investigation, charging, or prosecution of a sexual offense.
71
Section 4. Effective date.
72
This bill takes effect on May 7, 2025.
- 3 -