Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 17 (2025GS)

Sponsor

Rep. Romero, Angela

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• limits the use of a polygraph on a victim of a sexual offense; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

5
77-37-2
77-37-201
77-37-202
Limitations on the Use of Polygraphs
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: Luz Escamilla
LONG TITLE
Committee Note:
 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote:
10 voting for
0 voting against
8 absent
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 2024, Chapter 164
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.
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)
"Sexual offense" means any conduct described in:
(a)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(b)
Title 76, Chapter 5b, Sexual Exploitation Act;
(c)
Section 
76-7-102
, incest;
(d)
Section 
76-9-702
, lewdness; or
(e)
Section 
76-9-702.1
, sexual battery.
(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)
request or compel 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 7, 2025
.
12-13-24 4:49 PM