HB 89

Enrolled Copy  H.B. 89
1Use of Polygraph Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Angela Romero
  Senate Sponsor: Michael K. McKell
2
3  LONG TITLE
4  General Description:
5      This bill limits the use of a polygraph on a victim of a sexual offense.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ limits the use of a polygraph on a victim of a sexual offense; and
10      ▸ makes technical and conforming changes.
11  Money Appropriated in this Bill:
12      None
13  Other Special Clauses:
14      None
15  Utah Code Sections Affected:
16  AMENDS:
17      77-37-2, as last amended by Laws of Utah 2025, Chapter 173
18  ENACTS:
19      77-37-201, Utah Code Annotated 1953
20      77-37-202, Utah Code Annotated 1953
21
22  Be it enacted by the Legislature of the state of Utah:
23Section 1. Section 77-37-2 is amended to read:
24Part 1. General Provisions
2577-37-2 . Definitions for chapter.
26     As used in this chapter:
27  (1) "Alleged sexual offender" means the same as that term is defined in Section 53-10-801.
 H.B. 89  Enrolled Copy
28   (2) "Child" means [a person] an individual who is younger than 18 years old, unless
29otherwise specified in statute. The rights to information as extended in this chapter also
30apply to the parents, custodian, or legal guardians of children.
31   (3) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
32   (4) "HIV infection" means the same as that term is defined in Section 53-10-801.
33   (5) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
34   [(5)] (6) "Sexual assault kit" means the same as that term is defined in Section 53-10-902.
35   [(6)] (7)(a) "Sexual offense" means any conduct described in:
36(i) Title 76, Chapter 5, Part 4, Sexual Offenses;
37(ii) Title 76, Chapter 5b, Sexual Exploitation Act; or
38(iii) Section 76-7-102, incest.
39(b) "Sexual offense" does not include conduct described in:
40(i) Section 76-5-417, enticing a minor;
41(ii) Section 76-5-420, lewdness involving a child; or
42(iii) Section 76-5b-206, failure to report child sexual abuse material by a computer
43technician.
44   [(7)] (8) "Victim" means an individual, including a minor, against whom an offense has
45been allegedly committed.
46   [(8)] (9) "Witness" means [any person] an individual who has been subpoenaed or is
47expected to be summoned to testify for the prosecution or who by reason of having
48relevant information is subject to call or likely to be called as a witness for the
49prosecution, whether any action or proceeding has commenced.
50Section 2. Section 77-37-201 is enacted to read:
51Part 2. Additional Protections for Victims
5277-37-201 . Definitions for part.
53      As used in this part:
54   (1) "Polygraph examination" means a procedure involving the use of an instrument or
55mechanical device that is:
56(a) designed to detect and record changes in the physiological characteristics of an
57individual, 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.
60Section 3. Section 77-37-202 is enacted to read:
6177-37-202 . Prohibition on the use of a polygraph examination on a victim of a
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 Enrolled Copy  H.B. 89
62  sexual offense.
63  (1) A law enforcement officer, a prosecuting attorney, a court, or other government official
64      may not:
65      (a) ask or require a victim of a sexual offense to submit to a polygraph examination
66during 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
68investigation 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.
71Section 4. Effective Date.
72  This bill takes effect on May 6, 2026.
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