02-20 18:40 1st Sub. (Buff) H.B. 17
Angela Romero proposes the following substitute bill:
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Limitations on the Use of Polygraphs
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: Luz Escamilla
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LONG TITLE
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General Description:
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This bill limits the use of a polygraph on a victim of a sexual offense.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ limits the use of a polygraph on a victim of a sexual offense; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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77-37-2, as last amended by Laws of Utah 2024, Chapter 164
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ENACTS:
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77-37-201, Utah Code Annotated 1953
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77-37-202, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 77-37-2 is amended to read:
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Part 1. General Provisions
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77-37-2 . Definitions.
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As used in this chapter:
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(1) "Alleged sexual offender" means the same as that term is defined in Section 53-10-801.
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(2) "Child" means [a person] an individual who is younger than 18 years old, unless
1st Sub. H.B. 17 1st Sub. (Buff) H.B. 17 02-20 18:40
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otherwise specified in statute. The rights to information as extended in this chapter also
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apply to the parents, custodian, or legal guardians of children.
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(3) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
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(4) "HIV infection" means the same as that term is defined in Section 53-10-801.
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(5) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
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[(5)] (6) "Sexual assault kit" means the same as that term is defined in Section 53-10-902.
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[(6)] (7) "Sexual offense" means any conduct described in:
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(a) Title 76, Chapter 5, Part 4, Sexual Offenses;
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(b) Title 76, Chapter 5b, Sexual Exploitation Act;
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(c) Section 76-7-102, incest;
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(d) Section 76-9-702, lewdness; or
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(e) Section 76-9-702.1, sexual battery.
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[(7)] (8) "Victim" means an individual, including a minor, against whom an offense has
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been allegedly committed.
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[(8)] (9) "Witness" means [any person] an individual who has been subpoenaed or is
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expected to be summoned to testify for the prosecution or who by reason of having
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relevant information is subject to call or likely to be called as a witness for the
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prosecution, whether any action or proceeding has commenced.
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Section 2. Section 77-37-201 is enacted to read:
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Part 2. Additional Protections for Victims
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77-37-201 . Definitions for part.
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As used in this part:
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(1) "Polygraph examination" means a procedure involving the use of an instrument or
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mechanical device that is:
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(a) designed to detect and record changes in the physiological characteristics of an
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individual, including the individual's pulse or breathing rate; and
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(b) used to determine whether an individual is being truthful.
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(2) "Polygraph examination" includes a lie detector test.
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Section 3. Section 77-37-202 is enacted to read:
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77-37-202 . Prohibition on the use of a polygraph examination on a victim of a
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sexual offense.
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(1) A law enforcement officer, a prosecuting attorney, a court, or other government official
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may not:
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(a) ask or require a victim of a sexual offense to submit to a polygraph examination
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during the course of a criminal investigation or prosecution of a sexual offense; or
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(b) use a polygraph examination as a condition of proceeding with a criminal
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investigation or prosecution of a sexual offense.
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(2) The refusal of a victim of a sexual offense to submit to a polygraph examination may
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not prevent the investigation, charging, or prosecution of a sexual offense.
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Section 4. Effective date.
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This bill takes effect on May 7, 2025.
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