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5
77-37-2
77-37-201
77-37-202
0
Use of Polygraph Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill limits the use of a polygraph on a victim of a sexual offense.
Highlighted Provisions:
This bill:
defines terms;
limits the use of a polygraph on a victim of a sexual offense; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-37-2
, as last amended by Laws of Utah 2025, Chapter 173
ENACTS:
77-37-201
, Utah Code Annotated 1953
77-37-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
77-37-2
is amended to read:
1. General Provisions
77-37-2
. Definitions for chapter.
As used in this chapter:
(1)
"Alleged sexual offender" means the same as that term is defined in Section
53-10-801
.
(2)
"Child" means
a person
an individual
who is younger than 18 years old, unless
otherwise specified in statute. The rights to information as extended in this chapter also
apply to the parents, custodian, or legal guardians of children.
(3)
"Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
(4)
"HIV infection" means the same as that term is defined in Section
53-10-801
.
(5)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(5)
(6)
"Sexual assault kit" means the same as that term is defined in Section
53-10-902
.
(6)
(7)
(a)
"Sexual offense" means any conduct described in:
(i)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(ii)
Title 76, Chapter 5b, Sexual Exploitation Act; or
(iii)
Section
76-7-102
, incest.
(b)
"Sexual offense" does not include conduct described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-420
, lewdness involving a child; or
(iii)
Section
76-5b-206
, failure to report child sexual abuse material by a computer
technician.
(7)
(8)
"Victim" means an individual, including a minor, against whom an offense has
been allegedly committed.
(8)
(9)
"Witness" means
any person
an individual
who has been subpoenaed or is
expected to be summoned to testify for the prosecution or who by reason of having
relevant information is subject to call or likely to be called as a witness for the
prosecution, whether any action or proceeding has commenced.
Section 2. Section
77-37-201
is enacted to read:
2. Additional Protections for Victims
77-37-201
. Definitions for part.
As used in this part:
(1)
"Polygraph examination" means a procedure involving the use of an instrument or
mechanical device that is:
(a)
designed to detect and record changes in the physiological characteristics of an
individual, including the individual's pulse or breathing rate; and
(b)
used to determine whether an individual is being truthful.
(2)
"Polygraph examination" includes a lie detector test.
Section 3. Section
77-37-202
is enacted to read:
77-37-202
. Prohibition on the use of a polygraph examination on a victim of a
sexual offense.
(1)
A law enforcement officer, a prosecuting attorney, a court, or other government official
may not:
(a)
ask or require a victim of a sexual offense to submit to a polygraph examination
during the course of a criminal investigation or prosecution of a sexual offense; or
(b)
use a polygraph examination as a condition of proceeding with a criminal
investigation or prosecution of a sexual offense.
(2)
The refusal of a victim of a sexual offense to submit to a polygraph examination may
not prevent the investigation, charging, or prosecution of a sexual offense.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 3:37 PM