Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 257 Fifth Substitute (2024GS)

Sponsor

Rep. Birkeland, K.

Final action

Governor Signed 1/30/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• defines certain terms for the entire Utah Code;
• establishes a legal standard for distinctions on the basis of sex in certain publicly owned or controlled circumstances;
• establishes acceptable and prohibited distinctions on the basis of sex;
• enacts provisions regarding sex-designated restroom, shower, or locker room facilities that students use within the public education system;
• requires local education agencies to establish a privacy plan with parents and students in certain cases to address gender identity and fear of bullying;
• enacts provisions regarding sex-designated shower or locker room facilities where the general public has an expectation of privacy;
• establishes components of the crimes of voyeurism and criminal trespass for certain actions within a covered sex-designated shower or locker room;
• requires government entities to:
• report allegations of certain criminal offenses to law enforcement;
• adopt a privacy compliance plan;
• provide a single-occupant facility in new construction; and
• consider the feasibility of certain retrofit or remodel projects;

Every vote on this bill

Bill text

SEX-BASED DESIGNATIONS FOR PRIVACY,
ANTI-BULLYING, AND WOMEN'S OPPORTUNITIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill establishes a standard regarding distinctions on the basis of sex and applies the
standard in certain facilities and opportunities where designations on the basis of sex
address individual privacy, bullying, and women's opportunities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ defines certain terms for the entire Utah Code;
▸ establishes a legal standard for distinctions on the basis of sex in certain publicly
owned or controlled circumstances;
▸ establishes acceptable and prohibited distinctions on the basis of sex;
▸ enacts provisions regarding sex-designated restroom, shower, or locker room
facilities that students use within the public education system;
▸ requires local education agencies to establish a privacy plan with parents and
students in certain cases to address gender identity and fear of bullying;
▸ enacts provisions regarding sex-designated shower or locker room facilities where
the general public has an expectation of privacy;
▸ establishes components of the crimes of voyeurism and criminal trespass for certain
actions within a covered sex-designated shower or locker room;
▸ requires government entities to:
• report allegations of certain criminal offenses to law enforcement;
• adopt a privacy compliance plan;
• provide a single-occupant facility in new construction; and
• consider the feasibility of certain retrofit or remodel projects;
▸ provides indemnification for government entities for certain claims;
▸ requires the state auditor to investigate government entity compliance with certain
requirements;
▸ requires the attorney general to impose fines on political subdivisions that fail to
cure noncompliance that the state auditor identifies;
▸ amends certain crimes to establish a reasonable expectation of privacy in public
restrooms, including enhanced penalties for:
• committing multiple offenses concurrently within a public restroom, shower, or
locker room; and
• committing certain offenses within a public restroom, shower, or locker room
that is designated for the opposite sex;
▸ enacts a criminal offense for loitering in a restroom, shower, or locker room where
the general public has an expectation of privacy;
▸ establishes elements of the crime of emergency reporting abuse for making repeated
false reports alleging a violation of a sex-designation in a publicly owned or
controlled shower or locker room facility where the general public has an
expectation of privacy; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-6-1101
, as enacted by Laws of Utah 2022, Chapter 398
53G-8-211
, as last amended by Laws of Utah 2023, Chapter 161
67-3-1
, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480
67-5-1
, as last amended by Laws of Utah 2023, Chapter 330
68-3-12.5
, as last amended by Laws of Utah 2021, Chapter 93
76-6-206
, as last amended by Laws of Utah 2023, Chapter 111
76-9-202
, as last amended by Laws of Utah 2022, Chapter 161
76-9-702
, as last amended by Laws of Utah 2023, Chapter 123
76-9-702.5
, as last amended by Laws of Utah 2022, Chapter 185
76-9-702.7
, as last amended by Laws of Utah 2023, Chapter 411
ENACTS:
63G-31-101
, Utah Code Annotated 1953
63G-31-102
, Utah Code Annotated 1953
63G-31-201
, Utah Code Annotated 1953
63G-31-202
, Utah Code Annotated 1953
63G-31-203
, Utah Code Annotated 1953
63G-31-204
, Utah Code Annotated 1953
63G-31-301
, Utah Code Annotated 1953
63G-31-302
, Utah Code Annotated 1953
63G-31-303
, Utah Code Annotated 1953
63G-31-304
, Utah Code Annotated 1953
63G-31-401
, Utah Code Annotated 1953
63G-31-402
, Utah Code Annotated 1953
76-9-702.8
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-6-1101
 is amended to read:
53G-6-1101.
Report -- Action plan.
(1) As used in this section:
(a) "Gender-designated interscholastic sport" means a sport that is specifically
designated for female or male students.
(b) "Interscholastic sport" means an activity in which a student represents the student's
school in the sport in competition against another school.
(c) "School" means a public school that sponsors or offers an interscholastic sport in
which students enrolled at the school may participate.
(d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
1681 et seq.
(2) Before the beginning of each academic year, the athletic director or another
administrator of each school shall report to the school's local governing board regarding:
(a) the number and type of interscholastic sports available at the school, categorized by
gender designation;
(b) the number of students competing in a gender-designated interscholastic sport at the
school, categorized by gender;
(c) the amount of spending that the school devotes to each gender-designated sport,
reported in total amount and on a per-student basis;
(d) a comparison and evaluation of designated practice and game locations in
gender-designated interscholastic sports;
(e) any information regarding the school's efforts in 
compliance with Title 63G,
Chapter 31, Part 2, Distinctions on the Basis of Sex, and
 Title IX [
compliance
]; and
(f) if there is a discrepancy between male-designated and female-designated sports of
10% or greater, an action plan that the school develops to address the discrepancy.
(3) An LEA governing board that receives the report described in Subsection (2) shall
review the report in a public board meeting.
Section 2. Section 
53G-8-211
 is amended to read:
53G-8-211.
Responses to school-based behavior.
(1) As used in this section:
(a) "Evidence-based" means a program or practice that has:
(i) had multiple randomized control studies or a meta-analysis demonstrating that the
program or practice is effective for a specific population;
(ii) been rated as effective by a standardized program evaluation tool; or
(iii) been approved by the state board.
(b) "Habitual truant" means a school-age child who:
(i) is in grade 7 or above, unless the school-age child is under 12 years old;
(ii) is subject to the requirements of Section 
53G-6-202
; and
(iii) (A) is truant at least 10 times during one school year; or
(B) fails to cooperate with efforts on the part of school authorities to resolve the
school-age child's attendance problem as required under Section 
53G-6-206
.
(c) "Minor" means the same as that term is defined in Section 
80-1-102
.
(d) "Mobile crisis outreach team" means the same as that term is defined in Section
62A-15-102
.
(e) "Prosecuting attorney" means the same as that term is defined in Subsections
80-1-102
(65)(b) and (c).
(f) "Restorative justice program" means a school-based program or a program used or
adopted by a local education agency that is designed:
(i) to enhance school safety, reduce school suspensions, and limit referrals to law
enforcement agencies and courts; and
(ii) to help minors take responsibility for and repair harmful behavior that occurs in
school.
(g) "School administrator" means a principal of a school.
(h) "School is in session" means a day during which the school conducts instruction for
which student attendance is counted toward calculating average daily membership.
(i) "School resource officer" means a law enforcement officer, as defined in Section
53-13-103
, who contracts with, is employed by, or whose law enforcement agency contracts
with a local education agency to provide law enforcement services for the local education
agency.
(j) "School-age child" means the same as that term is defined in Section 
53G-6-201
.
(k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific local education agency or public
school, according to LEA governing board policy, and satisfies at least one of the following
conditions:
(A) the activity is managed or supervised by a local education agency or public school,
or local education agency or public school employee;
(B) the activity uses the local education agency's or public school's facilities,
equipment, or other school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(l) (i) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
felony.
(2) This section applies to a minor enrolled in school who is alleged to have committed
an offense on school property where the student is enrolled:
(a) when school is in session; or
(b) during a school-sponsored activity.
(3) If a minor is alleged to have committed an offense on school property that is a class
C misdemeanor, an infraction, or a status offense, the school administrator, the school
administrator's designee, or a school resource officer may refer the minor:
(a) to an evidence-based alternative intervention, including:
(i) a mobile crisis outreach team;
(ii) a youth services center, as defined in Section 
80-5-102
;
(iii) a youth court or comparable restorative justice program;
(iv) an evidence-based alternative intervention created and developed by the school or
school district;
(v) an evidence-based alternative intervention that is jointly created and developed by a
local education agency, the state board, the juvenile court, local counties and municipalities,
the Department of Health and Human Services; or
(vi) a tobacco cessation or education program if the offense is a violation of Section
76-10-105
; or
(b) for prevention and early intervention youth services, as described in Section
80-5-201
, by the Division of Juvenile Justice Services if the minor refuses to participate in an
evidence-based alternative intervention described in Subsection (3)(a).
(4) Except as provided in Subsection (5), if a minor is alleged to have committed an
offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
school administrator, the school administrator's designee, or a school resource officer may refer
a minor to a law enforcement officer or agency or a court only if:
(a) the minor allegedly committed the same offense on school property on two previous
occasions; and
(b) the minor was referred to an evidence-based alternative intervention, or to
prevention or early intervention youth services, as described in Subsection (3) for both of the
two previous offenses.
(5) If a minor is alleged to have committed a traffic offense that is an infraction, a
school administrator, the school administrator's designee, or a school resource officer may refer
the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
traffic offense.
(6) Notwithstanding Subsection (4), a school resource officer may:
(a) investigate possible criminal offenses and conduct, including conducting probable
cause searches;
(b) consult with school administration about the conduct of a minor enrolled in a
school;
(c) transport a minor enrolled in a school to a location if the location is permitted by
law;
(d) take temporary custody of a minor in accordance with Section 
80-6-201
; or
(e) protect the safety of students and the school community, including the use of
reasonable and necessary physical force when appropriate based on the totality of the
circumstances.
(7) (a) If a minor is referred to a court or a law enforcement officer or agency under
Subsection (4), the school or the school district shall appoint a school representative to
continue to engage with the minor and the minor's family through the court process.
(b) A school representative appointed under Subsection (7)(a) may not be a school
resource officer.
(c) A school district or school shall include the following in the school district's or
school's referral to the court or the law enforcement officer or agency:
(i) attendance records for the minor;
(ii) a report of evidence-based alternative interventions used by the school before the
referral, including outcomes;
(iii) the name and contact information of the school representative assigned to actively
participate in the court process with the minor and the minor's family;
(iv) if the minor was referred to prevention or early intervention youth services under
Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the
minor's failure to complete or participate in prevention and early intervention youth services
under Subsection (3)(b); and
(v) any other information that the school district or school considers relevant.
(d) A minor referred to a court under Subsection (4) may not be ordered to or placed in
secure detention, including for a contempt charge or violation of a valid court order under
Section 
78A-6-353
, when the underlying offense is a status offense or infraction.
(e) If a minor is referred to a court under Subsection (4), the court may use, when
available, the resources of the Division of Juvenile Justice Services or the Division of
Substance Abuse and Mental Health to address the minor.
(8) If a minor is alleged to have committed an offense on school property that is a class
B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
designee, or a school resource officer may refer the minor directly to a court or to the
evidence-based alternative interventions in Subsection (3)(a).
(9) A school administrator, a school administrator's designee, and a school resource
officer retain the discretion described under this section in relation to Title 63G, Chapter 31,
Distinctions on the Basis of Sex.
Section 3. Section 
63G-31-101
 is enacted to read:
CHAPTER 31. Distinctions on the Basis of Sex
Part 1. General Provisions
 63G-31-101.
Definitions.
As used in this chapter:
(1) (a) "Changing room" means a space designated for multiple individuals to dress or
undress within the same space.
(b) "Changing room" includes:
(i) a dressing room, fitting room, locker room, or shower room; and
(ii) a restroom when a changing room contains or is attached to the restroom.
(2) (a) "Facility" means a publicly owned or controlled building, structure, or other
improvement.
(b) "Facility" includes a subset of a publicly owned or controlled building, structure, or
other improvement, including a restroom or locker room.
(3) "Government entity" means:
(a) the state; or
(b) any county, municipality, special district, special service district, or other political
subdivision or administrative unit of the state, including:
(i) a state institution of higher education as defined in Section 
53B-2-101
; or
(ii) a local education agency as defined in Section 
53G-7-401
.
(4) "Intersex individual" means the same as that term is defined in Section 
26B-8-101
.
(5) "Men's restroom" means a restroom that is designated for the exclusive use of
males and not females.
(6) (a) "Open to the general public" means that a privacy space is:
(i) freely accessible to a member of the general public;
(ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a
membership fee, or otherwise paid to access the facility containing the relevant privacy space;
or
(iii) accessible to a student of an institution of higher education described in Section
52B-2-101
, either freely or as described in Subsection (6)(a)(ii).
(b) "Open to the general public" does not include a privacy space that is:
(i) only accessible to employees of a government entity; or
(ii) any area that is not normally accessible to the public.
(7) "Privacy space" means a restroom or changing room within a publicly owned or
controlled facility, where an individual has a reasonable expectation of privacy.
(8) "Publicly owned or controlled" means that a government entity has at least a partial
ownership interest in or has control of a facility, program, or event.
(9) (a) "Restroom" means any space that includes a toilet.
(b) "Restroom" includes:
(i) sex-designated men's restrooms;
(ii) sex-designated women's restrooms;
(iii) unisex restrooms; and
(iv) single-occupant restrooms.
(10) "Sex-designated" means that a facility, program, or event is designated specifically
for males or females and not the opposite sex.
(11) "Single-occupant" means, in relation to a single-occupant facility or privacy space,
that the facility or privacy space:
(a) has floor-to-ceiling walls;
(b) has an entirely encased and locking door; and
(c) is designated for single occupancy.
(12) "Unisex" means, in relation to a unisex facility or privacy space, that the facility or
privacy space:
(a) is designated for the use of both sexes; or
(b) is not sex-designated.
(13) "Women's restroom" means a restroom that is designated for the exclusive use of
females and not males.
Section 4. Section 
63G-31-102
 is enacted to read:
 63G-31-102.
Severability.
(1) If any provision of this chapter or the application of any provision of this part to
any person or circumstance is held invalid by a final decision of a court of competent
jurisdiction, the remainder of this chapter shall be given effect without the invalidated
provision or application.
(2) The provisions of this chapter are severable.
Section 5. Section 
63G-31-201
 is enacted to read:
Part 2. Distinctions on the Basis of Sex
 63G-31-201.
Distinctions on the basis of sex.
(1) A government entity may not, on the basis of sex, exclude an individual from
participation in, deny an individual from the benefits of, or subject an individual to a sex-based
distinction in or under any government or otherwise publicly owned or controlled facility,
program, or event, unless the distinction is substantially related to an important government
objective.
(2) Each government entity shall ensure the preservation of distinctions on the basis of
sex that protect individual privacy and competitive opportunity, as described in this chapter.
(3) (a) As used in this Subsection (3), "athletic facility" does not include a privacy
space.
(b) To preserve the individual privacy and competitive opportunity of females, an
individual is not entitled to and may not access, use, or benefit from a government entity's
athletic facility, program, or event if:
(i) the facility, program, or event is designated for females; and
(ii) the individual is not female.
(c) To preserve the individual privacy and competitive opportunity of males, an
individual is not entitled to and may not access, use, or benefit from a government entity's
athletic facility, program, or event if:
(i) the facility, program, or event is designated for males; and
(ii) the individual is not male.
Section 6. Section 
63G-31-202
 is enacted to read:
 63G-31-202.
Sex-based distinctions to protect individual privacy.
A distinction on the basis of sex that provides separate accommodations for the sexes is
substantially related to the important government objective of protecting individual privacy,
including in the following contexts:
(1) a privacy space; and
(2) a correctional facility as defined in Section 
77-16b-102
.
Section 7. Section 
63G-31-203
 is enacted to read:
 63G-31-203.
Sex-based distinctions to protect athletic health and competitive
opportunity.
A distinction on the basis of sex to provide separate accommodations for the sexes is
substantially related to the important government objective of protecting health and
competitive opportunity in the availability or quality of an athletic venue, event, or program
within the public education system.
Section 8. Section 
63G-31-204
 is enacted to read:
 63G-31-204.
Prohibited sex-based distinctions.
The following actions within the public education system constitute a violation of
Section 
63G-31-201
:
(1) providing a sex-designated facility, program, or event of a higher quality to one sex
and of a lesser quality to the opposite sex rather than ensuring equivalent quality or rotational
sharing, including the use of athletic facilities or venues;
(2) providing males or females preferred or more advantageous scheduling of facilities,
programs, or events in comparison to the opposite sex rather than ensuring equivalent
scheduling practices or rotational sharing, including the scheduling of athletic events or
practices;
(3) providing males or females with more sex-designated opportunities than the
opposite sex in excess of a 10% disparity;
(4) requiring males or females to participate or compete against the opposite sex in any
sex-designated facility, program, or event; or
(5) requiring, giving official authorization for, or knowingly allowing males or females
to use a sex-designated facility in the presence of the opposite sex.
Section 9. Section 
63G-31-301
 is enacted to read:
Part 3. Sex-based Distinctions in Privacy Spaces
 63G-31-301.
Sex-designated privacy spaces in public schools.
(1) To preserve the individual privacy of male and female students in the public
education system, a student may only access an operational sex-designated privacy space
within a public school that is designated for student use if the student's sex corresponds with
the sex designation of the privacy space.
(2) For a student who makes a request to use a privacy space other than the
sex-designated privacy space that corresponds with the student's sex because of the student's
gender identity, as defined in Section 
34A-5-102
, or reasonable fear of bullying, the local
education agency, as defined in Section 
53E-1-102
, shall coordinate with the student's parent or
legal guardian to develop a privacy plan that provides the student with:
(a) (i) reasonable access to a unisex or single-occupant facility; or
(ii) reasonable access to a faculty or staff restroom; or
(b) if the access described in Subsection (2)(a) is unavailable, reasonable access to
private use of an otherwise sex-designated privacy space through staggered scheduling or
another policy provision that provides for temporary private access.
(3) An LEA satisfies the LEA's duties regarding student use of a privacy space under
this chapter if the LEA:
(a) gives notice to students of the provisions of this section;
(b) takes administrative action to address violations of and promote compliance with
this section; and
(c) develops a privacy plan in accordance with Subsection (2).
(4) An individual may use the following evidence as a defense to an allegation that the
student is not eligible to access and use a sex-designated privacy space under Subsection (1):
(a) the student's unamended birth certificate that corresponds with the sex designation
of privacy space, which may be supported with a review of any amendment history obtained
under Section 
26B-8-125
; or
(b) documentation of a medical treatment or procedure that is consistent only with the
sex designation of the privacy space.
(5) Subsection (1) does not apply to:
(a) a unisex or single-occupant facility; or
(b) an intersex individual.
Section 10. Section 
63G-31-302
 is enacted to read:
 63G-31-302.
Sex-designated changing rooms in publicly owned facilities open to
the general public.
(1) (a) Except as provided in Subsection (1)(b), to preserve the individual privacy of
males and females, an individual may only access an operational sex-designated changing room
in a government entity's facility that is open to the general public if:
(i) the individual's sex corresponds with the sex designation of the changing room; or
(ii) the individual has:
(A) legally amended the individual's birth certificate to correspond with the sex
designation of the changing room, which may be supported with a review of any amendment
history obtained under Section 
26B-8-125
; and
(B) undergone a primary sex characteristic surgical procedure as defined in Section
58-67-102
 to correspond with the sex designation of the changing room.
(b) Subsection (1)(a) does not apply to:
(i) a minor child who requires assistance to access or use the changing room that
corresponds with the sex of the minor's parent, guardian, or relative;
(ii) a dependent minor, as defined in Section 
76-5-110
, or a dependent adult, as defined
in Section 
76-5-111
 who requires assistance to access or use the changing room that
corresponds with the sex of a caretaker;
(iii) an individual providing public safety services, including law enforcement,
emergency medical services as defined in Section 
26B-4-101
, and fire protection;
(iv) an employee of a health care facility, as defined in Section 
26B-2-201
, to provide
health care services to a patient of the health care facility; or
(v) an individual whose employment duties include the maintenance or cleaning of the
changing room.
(2) An individual in a changing room has a reasonable expectation of privacy,
satisfying the privacy element of the offense of voyeurism in Section 
76-9-702.7
.
(3) An individual who knowingly enters a changing room in violation of Subsection (1)
commits the offense of criminal trespass under Section 
76-6-206
 if the individual enters or
remains in the changing room under circumstances which a reasonable person would expect to
likely cause affront or alarm to, on, or in the presence of another individual.
(4) The surgical provision described in Subsection (1)(a)(ii) does not shield an
individual from the offense of lewdness related to genitalia under Subsection 
76-9-202
(3) or
76-9-202.5
(4).
(5) An individual may use the following evidence as a defense against an allegation
that the individual is not eligible to access and use a sex-designated changing room under
Subsection (1):
(a) for an individual whose birth sex corresponds with the sex designation of the
changing room:
(i) an individual's unamended birth certificate that corresponds with the sex
designation of the changing room, which may be supported with a review of any amendment
history obtained under Section 
26B-8-125
; or
(ii) documentation of a medical treatment or procedure that is consistent only with the
sex designation of the changing room; or
(b) for an individual whose birth sex does not correspond with the sex designation of
the changing room:
(i) the individual's amended birth certificate, which may be supported with a review of
any amendment history obtained under Section 
26B-8-125
; and
(ii) documentation that demonstrates that the individual has undergone a primary sex
characteristic surgical procedure as defined in Section 
58-67-102
.
(6) Subsection (1) does not apply to:
(a) a unisex or single-occupant facility;
(b) a changing room that is not open to the general public; or
(c) an intersex individual.
Section 11. Section 
63G-31-303
 is enacted to read:
 63G-31-303.
Unisex or single-occupant facilities.
The availability of a unisex facility or single-occupant facility satisfies a government
entity's obligations regarding an individual who, because of the individual's gender identity, as
defined in Section 
34A-5-102
, or reasonable fear of bullying, is uncomfortable using:
(1) for a student, a privacy space in accordance with Section 
63G-31-301
; or
(2) a changing room in accordance with Section 
63G-31-302
.
Section 12. Section 
63G-31-304
 is enacted to read:
 63G-31-304.
Government entity facility compliance.
(1) Except as provided under Section 
53G-8-211
, a government entity shall contact law
enforcement if the entity receives a complaint or allegation regarding the following within a
privacy space in a facility that is open to the general public:
(a) an offense of lewdness under Section 
76-9-702
;
(b) an offense of lewdness involving a child under Section 
76-9-702.5
;
(c) voyeurism under Section 
76-9-702.7
;
(d) loitering in a privacy space under Section 
76-9-702.8
; or
(e) for a changing room described in Section 
63G-31-302
, an offense of criminal
trespass under Subsection 
63G-31-302
(2).
(2) To preserve the individual privacy of males and females in privacy spaces:
(a) a government entity shall adopt a privacy compliance plan to address compliance
with the government entity's duties under this chapter;
(b) for construction of a new facility, a government entity shall ensure that the new
construction includes a single-occupant facility; and
(c) for existing privacy spaces, a government entity:
(i) shall consider the feasibility of retrofitting or remodeling to include:
(A) floor-to-ceiling walls and doors or similar privacy protections;
(B) curtains; or
(C) other methods of improving individual privacy within the facility that are
comparable to the methods described in Subsections (2)(a)(i) and (ii); and
(ii) may reduce the number of fixtures that state law requires by up to 20% to provide
adequate space for the retrofitting or remodeling described in Subsection (2)(a).
(3) A government entity shall ensure sufficient sex-designated privacy spaces through
compliance with Sections 
15A-3-112
 and 
15A-3-304
 regarding unisex facilities.
Section 13. Section 
63G-31-401
 is enacted to read:
Part 4. Enforcement and Indemnification
 63G-31-401.
Government entity noncompliance.
(1) The state auditor shall:
(a) establish a process to receive and investigate alleged violations of this chapter by a
government entity;
(b) provide notice to the relevant government entity of:
(i) each alleged violation of this chapter by the government entity;
(ii) each violation that the state auditor determines to be substantiated, including an
opportunity to cure the violation not to exceed 30 calendar days; and
(c) if a government entity fails to cure a violation in accordance with Subsection
(1)(b)(ii), report the government entity's failure to:
(i) for a political subdivision as defined in Section 
63G-7-102
, the attorney general for
enforcement under Subsection (2); and
(ii) for a state entity as defined in Section 
67-4-2
, the Legislative Management
Committee.
(2) (a) The attorney general shall:
(i) enforce this chapter against a political subdivision upon referral by the state auditor
under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and
(ii) deposit fines under Subsection (2)(a) into the General Fund.
(b) A political subdivision may seek judicial review of a fine that the attorney general
imposes under this section to determine whether the fine is clearly erroneous.
(3) A local education agency is not in violation of this chapter for a lawful application
of Section 
53G-8-211
.
Section 14. Section 
63G-31-402
 is enacted to read:
 63G-31-402.
Indemnification.
The attorney general shall defend, indemnify, and hold harmless a government entity
acting under color of state law to enforce this chapter for any claims or damages, including
court costs and attorney fees that:
(1) arise as a result of this chapter; and
(2) are not covered by the government entity's insurance policies or any coverage
agreement that the State Risk Management Fund issues.
Section 15. Section 
67-3-1
 is amended to read:
67-3-1.
Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination
of the reasonable and necessary expenses of the state auditor's office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and
other auditing procedures as promulgated by recognized authoritative bodies; and
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the
audit is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not
specifically provide for payment of audit costs, the costs of the federal compliance portions of
the audit shall be allocated on the basis of the percentage that each state entity's federal funding
bears to the total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all the entity's fiscal affairs;
(ii) whether the entity's administrators have faithfully complied with legislative intent;
(iii) whether the entity's operations have been conducted in an efficient, effective, and
cost-efficient manner;
(iv) whether the entity's programs have been effective in accomplishing the intended
objectives; and
(v) whether the entity's management, control, and information systems are adequate,
effective, and secure.
(b) The auditor may not conduct performance and special purpose audits,
examinations, and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had the entity's financial statements or
performance formally reviewed by another outside auditor.
(5) The state auditor:
(a) shall administer any oath or affirmation necessary to the performance of the duties
of the auditor's office; and
(b) may:
(i) subpoena witnesses and documents, whether electronic or otherwise; and
(ii) examine into any matter that the auditor considers necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding the property at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of revenues against:
(i) persons who by any means have become entrusted with public money or property
and have failed to pay over or deliver the money or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds;
or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing
or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
officials and employees in those taxing units comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds;
(h) subject to Subsection (9), withhold the disbursement of tax money from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1
; and
(i) withhold state allocated funds or the disbursement of property taxes from a local
government entity or a limited purpose entity, as those terms are defined in Section 
67-1a-15
 if
the state auditor finds the withholding necessary to ensure that the entity registers and
maintains the entity's registration with the lieutenant governor, in accordance with Section
67-1a-15
.
(8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
written notice of noncompliance from the auditor and has been given 60 days to make the
specified corrections.
(b) If, after receiving notice under Subsection (8)(a), a state or independent local
fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
state auditor:
(i) shall provide a recommended timeline for corrective actions;
(ii) may prohibit the state or local fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a state or local fee-assessing unit from accessing money held in an
account of a financial institution by filing an action in district court requesting an order of the
court to prohibit a financial institution from providing the fee-assessing unit access to an
account.
(c) The state auditor shall remove a limitation on accessing funds under Subsection
(8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
financial reporting of public funds.
(d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
state law, the state auditor:
(i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
comply;
(ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
account of a financial institution by:
(A) contacting the taxing or fee-assessing unit's financial institution and requesting that
the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the taxing or fee-assessing unit access to an account.
(e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
(8)(d).
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days
to make the specified corrections.
(10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
auditor receives a notice of non-registration, as that term is defined in Section 
67-1a-15
.
(b) If the state auditor receives a notice of non-registration, the state auditor may
prohibit the local government entity or limited purpose entity, as those terms are defined in
Section 
67-1a-15
, from accessing:
(i) money held by the state; and
(ii) money held in an account of a financial institution by:
(A) contacting the entity's financial institution and requesting that the institution
prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the entity access to an account.
(c) The state auditor shall remove the prohibition on accessing funds described in
Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
Section 
67-1a-15
, from the lieutenant governor.
(11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
state auditor:
(a) shall authorize a disbursement by a local government entity or limited purpose
entity, as those terms are defined in Section 
67-1a-15
, or a state or local taxing or fee-assessing
unit if the disbursement is necessary to:
(i) avoid a major disruption in the operations of the local government entity, limited
purpose entity, or state or local taxing or fee-assessing unit; or
(ii) meet debt service obligations; and
(b) may authorize a disbursement by a local government entity, limited purpose entity,
or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
(12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
take temporary custody of public funds if an action is necessary to protect public funds from
being improperly diverted from their intended public purpose.
(b) If the state auditor seeks relief under Subsection (12)(a):
(i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
and
(ii) the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if a
court orders the public funds to be protected from improper diversion from their public
purpose.
(13) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title 17,
Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental
Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used
for substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(14) (a) The state auditor may, in accordance with the auditor's responsibilities for
political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from
Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(b) If the state auditor receives notice under Subsection 
11-41-104
(7) from the
Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may
initiate an audit or investigation of the public entity subject to the notice to determine
compliance with Section 
11-41-103
.
(15) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(16) The state auditor shall:
(a) with the assistance, advice, and recommendations of an advisory committee
appointed by the state auditor from among special district boards of trustees, officers, and
employees and special service district boards, officers, and employees:
(i) prepare a Uniform Accounting Manual for Special Districts that:
(A) prescribes a uniform system of accounting and uniform budgeting and reporting
procedures for special districts under Title 17B, Limited Purpose Local Government Entities -
Special Districts, and special service districts under Title 17D, Chapter 1, Special Service
District Act;
(B) conforms with generally accepted accounting principles; and
(C) prescribes reasonable exceptions and modifications for smaller districts to the
uniform system of accounting, budgeting, and reporting;
(ii) maintain the manual under this Subsection (16)(a) so that the manual continues to
reflect generally accepted accounting principles;
(iii) conduct a continuing review and modification of procedures in order to improve
them;
(iv) prepare and supply each district with suitable budget and reporting forms; and
(v) (A) prepare instructional materials, conduct training programs, and render other
services considered necessary to assist special districts and special service districts in
implementing the uniform accounting, budgeting, and reporting procedures; and
(B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(b) continually analyze and evaluate the accounting, budgeting, and reporting practices
and experiences of specific special districts and special service districts selected by the state
auditor and make the information available to all districts.
(17) (a) The following records in the custody or control of the state auditor are
protected records under Title 63G, Chapter 2, Government Records Access and Management
Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the state auditor through
other documents or evidence, and the records relating to the allegation are not relied upon by
the state auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent the workpapers would disclose the
identity of an individual who during the course of an audit, communicated the existence of any
waste of public funds, property, or manpower, or a violation or suspected violation of a law,
rule, or regulation adopted under the laws of this state, a political subdivision of the state, or
any recognized entity of the United States, if the information was disclosed on the condition
that the identity of the individual be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to an individual who is not an employee or head of a governmental entity for the
individual's response or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (17) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title
63G, Chapter 2, Government Records Access and Management Act.
(d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
state auditor and the subject of an audit performed by the state auditor as to whether the state
auditor may release a record, as defined in Section 
63G-2-103
, to the public that the state
auditor gained access to in the course of the state auditor's audit but which the subject of the
audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
Access and Management Act.
(ii) The state auditor may submit a record dispute to the State Records Committee,
created in Section 
63G-2-501
, for a determination of whether the state auditor may, in
conjunction with the state auditor's release of an audit report, release to the public the record
that is the subject of the record dispute.
(iii) The state auditor or the subject of the audit may seek judicial review of a State
Records Committee determination under Subsection (17)(d)(ii), as provided in Section
63G-2-404
.
(18) If the state auditor conducts an audit of an entity that the state auditor has
previously audited and finds that the entity has not implemented a recommendation made by
the state auditor in a previous audit, the state auditor shall notify the Legislative Management
Committee through the Legislative Management Committee's audit subcommittee that the
entity has not implemented that recommendation.
(19) The state auditor shall, with the advice and consent of the Senate, appoint the state
privacy officer described in Section 
67-3-13
.
(20) Except as provided in Subsection (21), the state auditor shall report, or ensure that
another government entity reports, on the financial, operational, and performance metrics for
the state system of higher education and the state system of public education, including metrics
in relation to students, programs, and schools within those systems.
(21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits
of:
(i) the scholarship granting organization for the Special Needs Opportunity Scholarship
Program, created in Section 
53E-7-402
;
(ii) the State Board of Education for the Carson Smith Scholarship Program, created in
Section 
53F-4-302
; and
(iii) the scholarship program manager for the Utah Fits All Scholarship Program,
created in Section 
53F-6-402
.
(b) Nothing in this subsection limits or impairs the authority of the State Board of
Education to administer the programs described in Subsection (21)(a).
(22) The state auditor shall, based on the information posted by the Office of
Legislative Research and General Counsel under Subsection 
36-12-12.1
(2), for each policy,
track and post the following information on the state auditor's website:
(a) the information posted under Subsections 
36-12-12.1
(2)(a) through (e);
(b) an indication regarding whether the policy is timely adopted, adopted late, or not
adopted;
(c) an indication regarding whether the policy complies with the requirements
established by law for the policy; and
(d) a link to the policy.
(23) (a) A legislator may request that the state auditor conduct an inquiry to determine
whether a government entity, government official, or government employee has complied with
a legal obligation directly imposed, by statute, on the government entity, government official,
or government employee.
(b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct
the inquiry requested.
(c) If the state auditor conducts the inquiry described in Subsection (23)(b), the state
auditor shall post the results of the inquiry on the state auditor's website.
(d) The state auditor may limit the inquiry described in this Subsection (23) to a simple
determination, without conducting an audit, regarding whether the obligation was fulfilled.
(24) The state auditor shall:
(a) ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in
accordance with Section 
63G-31-401
; and
(b) report to the Legislative Management Committee, upon request, regarding the state
auditor's actions under this Subsection (24).
Section 16. Section 
67-5-1
 is amended to read:
67-5-1.
General duties.
(1) The attorney general shall:
(a) perform all duties in a manner consistent with the attorney-client relationship under
Section 
67-5-17
;
(b) except as provided in Sections 
10-3-928
 and 
17-18a-403
, attend the Supreme Court
and the Court of Appeals of this state, and all courts of the United States, and prosecute or
defend all causes to which the state or any officer, board, or commission of the state in an
official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
state is interested;
(c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
process as necessary to execute the judgment;
(d) account for, and pay over to the proper officer, all money that comes into the
attorney general's possession that belongs to the state;
(e) keep a file of all cases in which the attorney general is required to appear, including
any documents and papers showing the court in which the cases have been instituted and tried,
and whether they are civil or criminal, and:
(i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
satisfied, documentation of the return of the sheriff;
(ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
execution, if the sentence has been executed, and, if not executed, the reason for the delay or
prevention; and
(iii) deliver this information to the attorney general's successor in office;
(f) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of the district and county attorneys' offices, including the
authority described in Subsection (2);
(g) give the attorney general's opinion in writing and without fee, when required, upon
any question of law relating to the office of the requester:
(i) in accordance with Section 
67-5-1.1
, to the Legislature or either house;
(ii) to any state officer, board, or commission; and
(iii) to any county attorney or district attorney;
(h) when required by the public service or directed by the governor, assist any county,
district, or city attorney in the discharge of county, district, or city attorney's duties;
(i) purchase in the name of the state, under the direction of the state Board of
Examiners, any property offered for sale under execution issued upon judgments in favor of or
for the use of the state, and enter satisfaction in whole or in part of the judgments as the
consideration of the purchases;
(j) when the property of a judgment debtor in any judgment mentioned in Subsection
(1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
taking precedence of the judgment in favor of the state, redeem the property, under the
direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
pay all money necessary for the redemption, upon the order of the state Board of Examiners,
out of any money appropriated for these purposes;
(k) when in the attorney general's opinion it is necessary for the collection or
enforcement of any judgment, institute and prosecute on behalf of the state any action or
proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
Examiners, out of any money not otherwise appropriated;
(l) discharge the duties of a member of all official boards of which the attorney general
is or may be made a member by the Utah Constitution or by the laws of the state, and other
duties prescribed by law;
(m) institute and prosecute proper proceedings in any court of the state or of the United
States to restrain and enjoin corporations organized under the laws of this or any other state or
territory from acting illegally or in excess of their corporate powers or contrary to public
policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and
wind up their affairs;
(n) institute investigations for the recovery of all real or personal property that may
have escheated or should escheat to the state, and for that purpose, subpoena any persons
before any of the district courts to answer inquiries and render accounts concerning any
property, examine all books and papers of any corporations, and when any real or personal
property is discovered that should escheat to the state, institute suit in the district court of the
county where the property is situated for its recovery, and escheat that property to the state;
(o) administer the Children's Justice Center as a program to be implemented in various
counties pursuant to Sections 
67-5b-101
 through 
67-5b-107
;
(p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
Constitutional and Federalism Defense Act;
(q) pursue any appropriate legal action to implement the state's public lands policy
established in Section 
63C-4a-103
;
(r) investigate and prosecute violations of all applicable state laws relating to fraud in
connection with the state Medicaid program and any other medical assistance program
administered by the state, including violations of Title 26B, Chapter 3, Part 11, Utah False
Claims Act;
(s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
(i) in health care facilities that receive payments under the state Medicaid program;
(ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and
(iii) who are receiving medical assistance under the Medicaid program as defined in
Section 
26B-3-101
 in a noninstitutional or other setting;
(t) (i) report at least twice per year to the Legislative Management Committee on any
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
(A) cost the state more than $500,000; or
(B) require the state to take legally binding action that would cost more than $500,000
to implement; and
(ii) if the meeting is closed, include an estimate of the state's potential financial or
other legal exposure in that report;
(u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that
summarizes any lawsuit or decision in which a court or the Office of the Attorney General has
determined that a state statute is unconstitutional or unenforceable since the attorney general's
last report under this Subsection (1)(u), including any:
(A) settlements reached;
(B) consent decrees entered;
(C) judgments issued;
(D) preliminary injunctions issued;
(E) temporary restraining orders issued; or
(F) formal or informal policies of the Office of the Attorney General to not enforce a
law; and
(ii) at least 30 days before the Legislature's May and November interim meetings,
submit the report described in Subsection (1)(u)(i) to:
(A) the Legislative Management Committee;
(B) the Judiciary Interim Committee; and
(C) the Law Enforcement and Criminal Justice Interim Committee;
(v) if the attorney general operates the Office of the Attorney General or any portion of
the Office of the Attorney General as an internal service fund agency in accordance with
Section 
67-5-4
, submit to the rate committee established in Section 
67-5-34
:
(i) a proposed rate and fee schedule in accordance with Subsection 
67-5-34
(4); and
(ii) any other information or analysis requested by the rate committee;
(w) before the end of each calendar year, create an annual performance report for the
Office of the Attorney General and post the report on the attorney general's website;
(x) ensure that any training required under this chapter complies with Title 63G,
Chapter 22, State Training and Certification Requirements;
(y) notify the legislative general counsel in writing within three business days after the
day on which the attorney general is officially notified of a claim, regardless of whether the
claim is filed in state or federal court, that challenges:
(i) the constitutionality of a state statute;
(ii) the validity of legislation; or
(iii) any action of the Legislature; [
and
]
(z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
special advisor to the Office of the Governor and the Office of the Attorney General in matters
relating to Native American and tribal issues to:
(A) establish outreach to the tribes and affected counties and communities; and
(B) foster better relations and a cooperative framework; and
(ii) annually report to the Executive Offices and Criminal Justice Appropriations
Subcommittee regarding:
(A) the status of the work of the special advisor described in Subsection (1)(z)(i); and
(B) whether the need remains for the ongoing appropriation to fund the special advisor
described in Subsection (1)(z)(i)[
.
]
; and
(aa) (i) enforce compliance with Title 63G, Chapter 31, Distinctions on the Basis of
Sex, in accordance with Section 
63G-31-401
; and
(ii) report to the Legislative Management Committee, upon request, regarding the
attorney general's enforcement under this Subsection (1)(aa).
(2) (a) The attorney general may require a district attorney or county attorney of the
state to, upon request, report on the status of public business entrusted to the district or county
attorney's charge.
(b) The attorney general may review investigation results de novo and file criminal
charges, if warranted, in any case involving a first degree felony, if:
(i) a law enforcement agency submits investigation results to the county attorney or
district attorney of the jurisdiction where the incident occurred and the county attorney or
district attorney:
(A) declines to file criminal charges; or
(B) fails to screen the case for criminal charges within six months after the law
enforcement agency's submission of the investigation results; and
(ii) after consultation with the county attorney or district attorney of the jurisdiction
where the incident occurred, the attorney general reasonably believes action by the attorney
general would not interfere with an ongoing investigation or prosecution by the county attorney
or district attorney of the jurisdiction where the incident occurred.
(c) If the attorney general decides to conduct a review under Subsection (2)(b), the
district attorney, county attorney, and law enforcement agency shall, within 14 days after the
day on which the attorney general makes a request, provide the attorney general with:
(i) all information relating to the investigation, including all reports, witness lists,
witness statements, and other documents created or collected in relation to the investigation;
(ii) all recordings, photographs, and other physical or digital media created or collected
in relation to the investigation;
(iii) access to all evidence gathered or collected in relation to the investigation; and
(iv) the identification of, and access to, all officers or other persons who have
information relating to the investigation.
(d) If a district attorney, county attorney, or law enforcement agency fails to timely
comply with Subsection (2)(c), the attorney general may seek a court order compelling
compliance.
(e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
grant the order unless the district attorney, county attorney, or law enforcement agency shows
good cause and a compelling interest for not complying with Subsection (2)(c).
Section 17. Section 
68-3-12.5
 is amended to read:
68-3-12.5.
Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
to the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,
section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit
of the state that determines the legal rights, duties, privileges, immunities, or other legal
interests of one or more identifiable persons, including an action to grant, deny, revoke,
suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,
commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided by
statute; and
(c) provides advice and makes recommendations to another person that makes policy
for the benefit of the general public.
(5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
Space Force, and Coast Guard.
(6) "City" includes, depending on population, a metro township as defined in Section
10-3c-102
.
(7) "County executive" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county executive, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; or
(c) the county manager, in the council-manager optional form of government
authorized by Section 
17-52a-204
.
(8) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county council, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; and
(c) the county council, in the council-manager optional form of government authorized
by Section 
17-52a-204
.
(9) "Depose" means to make a written statement made under oath or affirmation.
(10) (a) "Equal" means, with respect to biological sex, of the same value.
(b) "Equal" does not mean, with respect to biological sex:
(i) a characteristic of being the same or identical; or
(ii) a requirement that biological sexes be ignored or co-mingled in every circumstance.
[
(10)
] 
(11)
 "Executor" includes "administrator" when the subject matter justifies the
use.
(12) "Father" means a parent who is of the male sex.
(13) "Female" means the characteristic of an individual whose biological reproductive
system is of the general type that functions in a way that could produce ova.
[
(11)
] 
(14)
 "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
or court appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
[
(12)
] 
(15)
 "Highway" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
[
(13)
] 
(16)
 "Intellectual disability" means a significant, subaverage general intellectual
functioning that:
(a) exists concurrently with deficits in adaptive behavior; and
(b) is manifested during the developmental period as defined in the current edition of
the Diagnostic and Statistical Manual of Mental Disorders, published by the American
Psychiatric Association.
[
(14)
] 
(17)
 "Intermediate care facility for people with an intellectual disability" means
an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
Security Act.
[
(15)
] 
(18)
 "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(19) "Male" means the characteristic of an individual whose biological reproductive
system is of the general type that functions to fertilize the ova of a female.
(20) "Man" means an adult human male.
[
(16)
] 
(21)
 "Month" means a calendar month, unless otherwise expressed.
(22) "Mother" means a parent who is of the female sex.
[
(17)
] 
(23)
 "Oath" includes "affirmation."
[
(18)
] 
(24)
 "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government;
and
(k) any other organization or entity.
[
(19)
] 
(25)
 "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property is
created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections [
(19)(a)
] 
(25)(a)
 through (f).
[
(20)
] 
(26)
 "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described in
Subsections [
(20)(a)
] 
(26)(a)
 through (d) under the law governing the person's status.
[
(21)
] 
(27)
 "Policy board," "policy commission," or "policy council" means a board,
commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
[
(22)
] 
(28)
 "Population" is shown by the most recent state or national census, unless
expressly provided otherwise.
[
(23)
] 
(29)
 "Process" means a writ or summons issued in the course of a judicial
proceeding.
[
(24)
] 
(30)
 "Property" includes both real and personal property.
[
(25)
] 
(31)
 "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
[
(26)
] 
(32)
 "Review board," "review commission," and "review council" mean a board,
commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by another
body or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
[
(27)
] 
(33)
 "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(34) "Sex" means, in relation to an individual, the individual's biological sex, either
male or female, at birth, according to distinct reproductive roles as manifested by:
(a) sex and reproductive organ anatomy;
(b) chromosomal makeup; and
(c) endogenous hormone profiles.
[
(28)
] 
(35)
 "Signature" includes a name, mark, or sign written with the intent to
authenticate an instrument or writing.
[
(29)
] 
(36)
 "State," when applied to the different parts of the United States, includes a
state, district, or territory of the United States.
[
(30)
] 
(37)
 "Swear" includes "affirm."
[
(31)
] 
(38)
 "Testify" means to make an oral statement under oath or affirmation.
[
(32)
] 
(39)
 "Town" includes, depending on population, a metro township as defined in
Section 
10-3c-102
.
[
(33)
] 
(40)
 "Uniformed services" means:
(a) the armed forces;
(b) the commissioned corps of the National Oceanic and Atmospheric Administration;
and
(c) the commissioned corps of the United States Public Health Service.
[
(34)
] 
(41)
 "United States" includes each state, district, and territory of the United
States of America.
[
(35)
] 
(42)
 "Utah Code" means the 1953 recodification of the Utah Code, as amended,
unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection [
(35)(a)
] 
(42)(a)
; and
(ii) before the most recent amendment to the referenced portion of the 1953
recodification of the Utah Code.
[
(36)
] 
(43)
 "Vessel," when used with reference to shipping, includes a steamboat, canal
boat, and every structure adapted to be navigated from place to place.
[
(37)
] 
(44)
 (a) "Veteran" means an individual who:
(i) has served in the United States Armed Forces for at least 180 days:
(A) on active duty; or
(B) in a reserve component, to include the National Guard; or
(ii) has incurred an actual service-related injury or disability while in the United States
Armed Forces regardless of whether the individual completed 180 days; and
(iii) was separated or retired under conditions characterized as honorable or general.
(b) This definition is not intended to confer eligibility for benefits.
[
(38)
] 
(45)
 "Will" includes a codicil.
(46) "Woman" means an adult human female.
[
(39)
] 
(47)
 "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or
(c) a judicial officer.
[
(40)
] 
(48)
 "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievable
in a perceivable format.
Section 18. Section 
76-6-206
 is amended to read:
76-6-206.
Criminal trespass.
(1) (a) As used in this section:
(i) "Enter" means intrusion of the entire body or the entire unmanned aircraft.
(ii) "Graffiti" means the same as that term is defined in Section 
76-6-101
.
(iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means
remaining on or over private property when:
(A) the private property or any portion of the private property is not open to the public;
and
(B) the person operating the unmanned aircraft is not otherwise authorized to fly the
unmanned aircraft over the private property or any portion of the private property.
(b) Terms defined in Sections 
76-1-101.5
 and 
76-6-201
 apply to this section.
(2) An actor commits criminal trespass if, under circumstances not amounting to
burglary as defined in Section 
76-6-202
, 
76-6-203
, or 
76-6-204
 or a violation of Section
76-10-2402
 regarding commercial obstruction:
(a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter
and remain unlawfully over property and:
(i) intends to cause annoyance or injury to any person or damage to any property,
including the use of graffiti;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether the actor's or unmanned aircraft's presence will cause fear
for the safety of another;
(b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor
enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over
property to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent
authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; [
or
]
(c) the actor enters a condominium unit in violation of [
Subsection
] 
Section
57-8-7
(8)[
.
]
; or
(d) the actor enters a sex-designated changing room in violation of Subsection
63G-31-302
(3).
(3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) [
or
]
,
(b)
, or (d)
 is a class B misdemeanor.
(b) [
If
] 
The following is a class A misdemeanor:
(i) if
 a violation of Subsection (2)(a) or (b) is committed in a dwelling[
, the violation is
a class A misdemeanor.
]
;
(ii) if a violation of Subsection (2)(d) is committed while also committing the offense
of:
(A) lewdness under Section 
76-9-702
;
(B) lewdness involving a child under Section 
76-9-702.5
;
(C) voyeurism under Section 
76-9-702.7
; or
(D) loitering in a privacy space under Section 
76-9-702.8
; or
(iii) if a violation of Subsection (2)(d) is committed in a sex-designated privacy space,
as defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's sex.
(c) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was at the time open to the public; and
(b) the defendant complied with all lawful conditions imposed on access to or
remaining on the property.
(5) In addition to an order for restitution under Section 
77-38b-205
, an actor who
commits a violation of Subsection (2) may also be liable for:
(a) statutory damages in the amount of three times the value of damages resulting from
the violation of Subsection (2) or $500, whichever is greater; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(6) Civil damages under Subsection (5) may be collected in a separate action by the
property owner or the owner's assignee.
Section 19. Section 
76-9-202
 is amended to read:
76-9-202.
Emergency reporting -- Interference -- False report.
(1) As used in this section:
(a) "Emergency" means a situation in which property or human life is in jeopardy and
the prompt summoning of aid is essential to the preservation of human life or property.
(b) "Party line" means a subscriber's line or telephone circuit:
(i) that consists of two or more connected main telephone stations; and
(ii) where each telephone station has a distinctive ring or telephone number.
(2) An actor is guilty of emergency reporting abuse if the actor:
(a) intentionally refuses to yield or surrender the use of a party line or a public pay
telephone to another individual upon being informed that the telephone is needed to report a
fire or summon police, medical, or other aid in case of emergency, unless the telephone is
likewise being used for an emergency call;
(b) asks for or requests the use of a party line or a public pay telephone on the pretext
that an emergency exists, knowing that no emergency exists;
(c) reports an emergency or causes an emergency to be reported to any public, private,
or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when
the actor knows the reported emergency does not exist; [
or
]
(d) makes a false report, or intentionally aids, abets, or causes a third party to make a
false report, to an emergency response service, including a law enforcement dispatcher or a 911
emergency response service, if the false report claims that:
(i) an ongoing emergency exists;
(ii) the emergency described in Subsection (2)(d)(i) currently involves, or involves an
imminent threat of, serious bodily injury, serious physical injury, or death; and
(iii) the emergency described in Subsection (2)(d)(i) is occurring at a specified
location[
.
]
; or
(e) makes a false report after having previously made a false report, or intentionally
aides, abets, or causes a third party to make a false report, to an emergency response service,
including a law enforcement dispatcher or a 911 emergency response service, alleging a
violation of Section 
63G-31-302
 regarding a sex-designated changing room.
(3) (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
(b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided
under Subsection (3)(c).
(c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding
a weapon of mass destruction, as defined in Section 
76-10-401
.
(d) A violation of Subsection (2)(d):
(i) except as provided in Subsection (3)(d)(ii), is a third degree felony; or
(ii) is a second degree felony if:
(A) while acting in response to the report, the emergency responder causes physical
injury to an individual at the location described in Subsection (2)(d)(iii); or
(B) the actor makes the false report or aids, abets, or causes a third party to make the
false report with intent to ambush, attack, or otherwise harm a responding law enforcement
officer or emergency responder.
(e) A violation of Subsection (2)(e) is a class B misdemeanor.
(4) (a) In addition to any other penalty authorized by law, a court shall order an actor
convicted of a violation of this section to reimburse:
(i) any federal, state, or local unit of government, or any private business, organization,
individual, or entity for all expenses and losses incurred in responding to the violation; and
(ii) an individual described in Subsection (3)(d)(ii) for the costs for the treatment of the
physical injury and any psychological injury caused by the offense.
(b) The court may order that the defendant pay less than the full amount of the costs
described in Subsection (4)(a) only if the court states on the record the reasons why the
reimbursement would be inappropriate.
Section 20. Section 
76-9-702
 is amended to read:
76-9-702.
Lewdness.
(1) A person is guilty of lewdness if the person under circumstances not amounting to
rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
under Section 
76-5-412
, custodial sexual misconduct under Section 
76-5-412.2
, custodial
sexual relations with youth receiving state services under Section 
76-5-413
, custodial sexual
misconduct with youth receiving state services under Section 
76-5-413.2
, or an attempt to
commit any of these offenses, performs any of the following acts in a public place or under
circumstances which the person should know will likely cause affront or alarm to, on, or in the
presence of another who is 14 years old or older:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the
buttocks, the anus, or the pubic area;
(c) masturbates; or
(d) any other act of lewdness.
(2) (a) A person convicted the first or second time of a violation of Subsection (1) is
guilty of a class B misdemeanor, except under Subsection (2)(b).
(b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
if at the time of the violation:
(i) the person is a sex offender as defined in Section 
77-27-21.7
;
(ii) the person has been previously convicted two or more times of violating Subsection
(1); [
or
]
(iii) the person has previously been convicted of a violation of Subsection (1) and has
also previously been convicted of a violation of Section 
76-9-702.5
[
.
]
;
(iv) the person commits the offense of lewdness while also committing the offense of:
(A) criminal trespass in a sex-designated changing room under Subsection
76-6-206
(2)(d);
(B) lewdness involving a child under Section 
76-9-702.5
;
(C) voyeurism under Section 
76-9-702.7
; or
(D) loitering in a privacy space under Section 
76-9-702.8
; or
(v) the person commits the offense of lewdness in a sex-designated privacy space, as
defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's sex.
(c) (i) For purposes of this Subsection (2) and Subsection 
77-41-102
(18), a plea of
guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77,
Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(3) (a) As used in this Subsection (3):
(i) "Common area of a privacy space" means any area of a privacy space other than:
(A) a toilet stall with a closed door;
(B) immediately in front of a urinal during use; or
(C) a shower stall with a closed door or other closed covering.
(ii) "Privacy space" means the same as that term is defined in Section 
76-9-702.8
.
(b) The common area of a privacy space constitutes a public place or circumstance
described in Subsection (1) where an act or an attempted act described in Subsection (1)
constitutes lewdness.
(c) Within the common area of a dressing room, fitting room, locker room, changing
facility, or any other space designated for multiple individuals to dress or undress within the
same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond
with the sex designation of the changing room constitutes an act or an attempted act described
in Subsection (1) that constitutes lewdness.
[
(3)
] 
(4)
 A woman's breast feeding, including breast feeding in any location where the
woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
irrespective of whether or not the breast is covered during or incidental to feeding.
Section 21. Section 
76-9-702.5
 is amended to read:
76-9-702.5.
Lewdness involving a child.
(1) As used in this section[
,
]
:
(a)
 "[
in
] 
In
 the presence of" includes within visual contact through an electronic device.
(b) "Common area of a privacy space" means the same as that term is defined in
Section 
76-9-702
.
(c) "Privacy space" means the same as that term is defined in Section 
76-9-702.8
.
(2) A person is guilty of lewdness involving a child if the person under circumstances
not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a
child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses,
intentionally or knowingly:
(a) does any of the following in the presence of a child who is under 14 years of age:
(i) performs an act of sexual intercourse or sodomy;
(ii) exposes his or her genitals, the female breast below the top of the areola, the
buttocks, the anus, or the pubic area:
(A) in a public place; or
(B) in a private place under circumstances the person should know will likely cause
affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;
(iii) masturbates; or
(iv) performs any other act of lewdness; or
(b) under circumstances not amounting to sexual exploitation of a child under Section
76-5b-201
 or aggravated sexual exploitation of a child under Section 
76-5b-201.1
, causes a
child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the
actor, with the intent to arouse or gratify the sexual desire of the actor or the child.
(3) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection
(3)(b).
(b) Lewdness involving a child is a third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section 
77-27-21.7
; [
or
]
(ii) the person has previously been convicted of a violation of this section[
.
]
;
(iii) the person commits the offense of lewdness involving a child while also
committing the offense of:
(A) criminal trespass in a sex-designated changing room under Subsection
76-6-206
(2)(d);
(B) lewdness under Section 
76-9-702
;
(C) voyeurism under Section 
76-9-702.7
; or
(D) loitering in a privacy space under Section 
76-9-702.8
; or
(iv) the person commits the offense of lewdness involving a child in a sex-designated
privacy space, as defined in Section 
76-9-702.8
, that is not designated for individuals of the
actor's sex.
(4) (a) The common area of a privacy space constitutes a public place or circumstance
described in Subsection (1) where an act or an attempted act described in Subsection (1)
constitutes lewdness involving a child.
(b) Within the common area of a government entity's dressing room, fitting room,
locker room, changing facility, or any other space designated for multiple individuals to dress
or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that
does not correspond with the sex designation of the changing room constitutes an act or an
attempted act described in Subsection (1) that constitutes lewdness involving a child.
Section 22. Section 
76-9-702.7
 is amended to read:
76-9-702.7.
Voyeurism offenses -- Penalties.
(1) A person is guilty of voyeurism who intentionally uses any type of technology to
secretly or surreptitiously record, by video, photograph, or other means, an individual:
(a) for the purpose of viewing any portion of the individual's body regarding which the
individual has a reasonable expectation of privacy, whether or not that portion of the body is
covered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of
privacy.
(2) 
(a)
 [
A
] 
Except as provided in Subsection (2)(b), a
 violation of Subsection (1) is a
class A misdemeanor[
, except that
]
.
(b) The following is a third degree felony:
(i)
 a violation of Subsection (1) committed against a child under 14 years of age [
is a
third degree felony.
]
;
(ii) a violation of Subsection (1) committed while also committing the offense of:
(A) criminal trespass in a sex-designated changing room under Subsection
76-6-206
(2)(d);
(B) lewdness under Section 
76-9-702
;
(C) lewdness involving a child under Section 
76-9-702.5
; or
(D) loitering in a privacy space under Section 
76-9-702.8
; or
(iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in
Section 
76-9-702.8
, that is not designated for individuals of the actor's sex.
(3) Distribution or sale of any images, including in print, electronic, magnetic, or
digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
third degree felony, except that if the violation of this Subsection (3) includes images of a child
under 14 years of age, the violation is a second degree felony.
(4) A person is guilty of voyeurism who, under circumstances not amounting to a
violation of Subsection (1), views or attempts to view an individual, with or without the use of
any instrumentality:
(a) with the intent of viewing any portion of the individual's body regarding which the
individual has a reasonable expectation of privacy, whether or not that portion of the body is
covered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable expectation of
privacy.
(5) 
(a)
 [
A
] 
Except as provided in Subsection (5)(b), a
 violation of Subsection (4) is a
class B misdemeanor[
, except that
]
.
(b) The following is a class A misdemeanor:
(i)
 a violation of Subsection (4) committed against a child under 14 years of age is a
class A misdemeanor[
.
]
;
(ii) a violation of Subsection (4) committed while also committing the offense of:
(A) criminal trespass in a sex-designated changing room under Subsection
76-6-206
(2)(d);
(B) lewdness under Section 
76-9-702
;
(C) lewdness involving a child under Section 
76-9-702.5
; or
(D) loitering in a privacy space under Section 
76-9-702.8
; or
(iii) a violation of Subsection (4) committed in a sex-designated privacy space, as
defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's sex.
(6) For purposes of this section, an individual has a reasonable expectation of privacy
within a public restroom.
Section 23. Section 
76-9-702.8
 is enacted to read:
 76-9-702.8.
Loitering in a privacy space.
(1) As used in this section:
(a) "Privacy space" means the following in which an individual has a reasonable
expectation of privacy:
(i) a restroom or any other space that includes a toilet;
(ii) a dressing room, fitting room, locker room, changing facility, or any other space
designated for multiple individuals to dress or undress within the same space; or
(iii) any room or space that includes a shower.
(b) "Sex-designated" means that a facility, program, or event is designated specifically
for males or females and not the opposite sex.
(2) An actor commits the offense of unlawfully loitering in a privacy space if the actor
intentionally or knowingly remains unlawfully in a privacy space.
(3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
B misdemeanor.
(b) A violation of Subsection (4) is a class A misdemeanor if the actor commits the
offense:
(i) while also committing the offense of:
(A) criminal trespass in a sex-designated changing room under Subsection
76-6-206
(2)(d);
(B) lewdness under Section 
76-9-702
;
(C) lewdness involving a child under Section 
76-9-702.5
; or
(D) voyeurism under Section 
76-9-702.7
; or
(ii) in a sex-designated privacy space that is not designated for individuals of the actor's
sex.
Section 24. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) The actions affecting the following sections take effect on May 1, 2024:
(a) Section 
63G-31-401
;
(b) Section 
67-3-1
; and
(c) Section 
67-5-1
.