Use of Polygraph Amendments, the official text

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