Senator Daniel McCay proposes the following substitute bill:


1     
SEX-BASED DESIGNATIONS FOR PRIVACY, ANTI-BULLYING, AND

2     
WOMEN'S OPPORTUNITIES

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kera Birkeland

6     
Senate Sponsor: Daniel McCay

7     

8     LONG TITLE
9     General Description:
10          This bill establishes a standard regarding distinctions on the basis of sex and applies the
11     standard in certain facilities and opportunities where designations on the basis of sex
12     address individual privacy, bullying, and women's opportunities.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     defines certain terms for the entire Utah Code;
17          ▸     establishes a legal standard for distinctions on the basis of sex in certain publicly
18     owned or controlled circumstances;
19          ▸     establishes acceptable and prohibited distinctions on the basis of sex;
20          ▸     enacts provisions regarding sex-designated restroom, shower, or locker room
21     facilities that students use within the public education system;
22          ▸     requires local education agencies to establish a privacy plan with parents and
23     students in certain cases to address gender identity and fear of bullying;
24          ▸     enacts provisions regarding sex-designated shower or locker room facilities where
25     the general public has an expectation of privacy;

26          ▸     establishes components of the crimes of voyeurism and criminal trespass for certain
27     actions within a covered sex-designated shower or locker room;
28          ▸     requires government entities to:
29               •     report allegations of certain criminal offenses to law enforcement;
30               •     adopt a privacy compliance plan;
31               •     provide a single-occupant facility in new construction; and
32               •     consider the feasibility of certain retrofit or remodel projects;
33          ▸     provides indemnification for government entities for certain claims;
34          ▸     requires the state auditor to investigate government entity compliance with certain
35     requirements;
36          ▸     requires the attorney general to impose fines on political subdivisions that fail to
37     cure noncompliance that the state auditor identifies;
38          ▸     amends certain crimes to establish a reasonable expectation of privacy in public
39     restrooms, including enhanced penalties for:
40               •     committing multiple offenses concurrently within a public restroom, shower, or
41     locker room; and
42               •     committing certain offenses within a public restroom, shower, or locker room
43     that is designated for the opposite sex;
44          ▸     enacts a criminal offense for loitering in a restroom, shower, or locker room where
45     the general public has an expectation of privacy;
46          ▸     establishes elements of the crime of emergency reporting abuse for making repeated
47     false reports alleging a violation of a sex-designation in a publicly owned or
48     controlled shower or locker room facility where the general public has an
49     expectation of privacy; and
50          ▸     makes technical and conforming changes.
51     Money Appropriated in this Bill:
52          None
53     Other Special Clauses:
54          This bill provides a special effective date.
55     Utah Code Sections Affected:
56     AMENDS:

57          53G-6-1101, as enacted by Laws of Utah 2022, Chapter 398
58          53G-8-211, as last amended by Laws of Utah 2023, Chapter 161
59          67-3-1, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480
60          67-5-1, as last amended by Laws of Utah 2023, Chapter 330
61          68-3-12.5, as last amended by Laws of Utah 2021, Chapter 93
62          76-6-206, as last amended by Laws of Utah 2023, Chapter 111
63          76-9-202, as last amended by Laws of Utah 2022, Chapter 161
64          76-9-702, as last amended by Laws of Utah 2023, Chapter 123
65          76-9-702.5, as last amended by Laws of Utah 2022, Chapter 185
66          76-9-702.7, as last amended by Laws of Utah 2023, Chapter 411
67     ENACTS:
68          63G-31-101, Utah Code Annotated 1953
69          63G-31-102, Utah Code Annotated 1953
70          63G-31-201, Utah Code Annotated 1953
71          63G-31-202, Utah Code Annotated 1953
72          63G-31-203, Utah Code Annotated 1953
73          63G-31-204, Utah Code Annotated 1953
74          63G-31-301, Utah Code Annotated 1953
75          63G-31-302, Utah Code Annotated 1953
76          63G-31-303, Utah Code Annotated 1953
77          63G-31-304, Utah Code Annotated 1953
78          63G-31-401, Utah Code Annotated 1953
79          63G-31-402, Utah Code Annotated 1953
80          76-9-702.8, Utah Code Annotated 1953
81     

82     Be it enacted by the Legislature of the state of Utah:
83          Section 1. Section 53G-6-1101 is amended to read:
84          53G-6-1101. Report -- Action plan.
85          (1) As used in this section:
86          (a) "Gender-designated interscholastic sport" means a sport that is specifically
87     designated for female or male students.

88          (b) "Interscholastic sport" means an activity in which a student represents the student's
89     school in the sport in competition against another school.
90          (c) "School" means a public school that sponsors or offers an interscholastic sport in
91     which students enrolled at the school may participate.
92          (d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
93     1681 et seq.
94          (2) Before the beginning of each academic year, the athletic director or another
95     administrator of each school shall report to the school's local governing board regarding:
96          (a) the number and type of interscholastic sports available at the school, categorized by
97     gender designation;
98          (b) the number of students competing in a gender-designated interscholastic sport at the
99     school, categorized by gender;
100          (c) the amount of spending that the school devotes to each gender-designated sport,
101     reported in total amount and on a per-student basis;
102          (d) a comparison and evaluation of designated practice and game locations in
103     gender-designated interscholastic sports;
104          (e) any information regarding the school's efforts in compliance with Title 63G,
105     Chapter 31, Part 2, Distinctions on the Basis of Sex, and Title IX [compliance]; and
106          (f) if there is a discrepancy between male-designated and female-designated sports of
107     10% or greater, an action plan that the school develops to address the discrepancy.
108          (3) An LEA governing board that receives the report described in Subsection (2) shall
109     review the report in a public board meeting.
110          Section 2. Section 53G-8-211 is amended to read:
111          53G-8-211. Responses to school-based behavior.
112          (1) As used in this section:
113          (a) "Evidence-based" means a program or practice that has:
114          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
115     program or practice is effective for a specific population;
116          (ii) been rated as effective by a standardized program evaluation tool; or
117          (iii) been approved by the state board.
118          (b) "Habitual truant" means a school-age child who:

119          (i) is in grade 7 or above, unless the school-age child is under 12 years old;
120          (ii) is subject to the requirements of Section 53G-6-202; and
121          (iii) (A) is truant at least 10 times during one school year; or
122          (B) fails to cooperate with efforts on the part of school authorities to resolve the
123     school-age child's attendance problem as required under Section 53G-6-206.
124          (c) "Minor" means the same as that term is defined in Section 80-1-102.
125          (d) "Mobile crisis outreach team" means the same as that term is defined in Section
126     62A-15-102.
127          (e) "Prosecuting attorney" means the same as that term is defined in Subsections
128     80-1-102(65)(b) and (c).
129          (f) "Restorative justice program" means a school-based program or a program used or
130     adopted by a local education agency that is designed:
131          (i) to enhance school safety, reduce school suspensions, and limit referrals to law
132     enforcement agencies and courts; and
133          (ii) to help minors take responsibility for and repair harmful behavior that occurs in
134     school.
135          (g) "School administrator" means a principal of a school.
136          (h) "School is in session" means a day during which the school conducts instruction for
137     which student attendance is counted toward calculating average daily membership.
138          (i) "School resource officer" means a law enforcement officer, as defined in Section
139     53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
140     with a local education agency to provide law enforcement services for the local education
141     agency.
142          (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
143          (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
144     clinic, or other event or activity that is authorized by a specific local education agency or public
145     school, according to LEA governing board policy, and satisfies at least one of the following
146     conditions:
147          (A) the activity is managed or supervised by a local education agency or public school,
148     or local education agency or public school employee;
149          (B) the activity uses the local education agency's or public school's facilities,

150     equipment, or other school resources; or
151          (C) the activity is supported or subsidized, more than inconsequentially, by public
152     funds, including the public school's activity funds or Minimum School Program dollars.
153          (ii) "School-sponsored activity" includes preparation for and involvement in a public
154     performance, contest, athletic competition, demonstration, display, or club activity.
155          (l) (i) "Status offense" means an offense that would not be an offense but for the age of
156     the offender.
157          (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
158     felony.
159          (2) This section applies to a minor enrolled in school who is alleged to have committed
160     an offense on school property where the student is enrolled:
161          (a) when school is in session; or
162          (b) during a school-sponsored activity.
163          (3) If a minor is alleged to have committed an offense on school property that is a class
164     C misdemeanor, an infraction, or a status offense, the school administrator, the school
165     administrator's designee, or a school resource officer may refer the minor:
166          (a) to an evidence-based alternative intervention, including:
167          (i) a mobile crisis outreach team;
168          (ii) a youth services center, as defined in Section 80-5-102;
169          (iii) a youth court or comparable restorative justice program;
170          (iv) an evidence-based alternative intervention created and developed by the school or
171     school district;
172          (v) an evidence-based alternative intervention that is jointly created and developed by a
173     local education agency, the state board, the juvenile court, local counties and municipalities,
174     the Department of Health and Human Services; or
175          (vi) a tobacco cessation or education program if the offense is a violation of Section
176     76-10-105; or
177          (b) for prevention and early intervention youth services, as described in Section
178     80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an
179     evidence-based alternative intervention described in Subsection (3)(a).
180          (4) Except as provided in Subsection (5), if a minor is alleged to have committed an

181     offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
182     school administrator, the school administrator's designee, or a school resource officer may refer
183     a minor to a law enforcement officer or agency or a court only if:
184          (a) the minor allegedly committed the same offense on school property on two previous
185     occasions; and
186          (b) the minor was referred to an evidence-based alternative intervention, or to
187     prevention or early intervention youth services, as described in Subsection (3) for both of the
188     two previous offenses.
189          (5) If a minor is alleged to have committed a traffic offense that is an infraction, a
190     school administrator, the school administrator's designee, or a school resource officer may refer
191     the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
192     traffic offense.
193          (6) Notwithstanding Subsection (4), a school resource officer may:
194          (a) investigate possible criminal offenses and conduct, including conducting probable
195     cause searches;
196          (b) consult with school administration about the conduct of a minor enrolled in a
197     school;
198          (c) transport a minor enrolled in a school to a location if the location is permitted by
199     law;
200          (d) take temporary custody of a minor in accordance with Section 80-6-201; or
201          (e) protect the safety of students and the school community, including the use of
202     reasonable and necessary physical force when appropriate based on the totality of the
203     circumstances.
204          (7) (a) If a minor is referred to a court or a law enforcement officer or agency under
205     Subsection (4), the school or the school district shall appoint a school representative to
206     continue to engage with the minor and the minor's family through the court process.
207          (b) A school representative appointed under Subsection (7)(a) may not be a school
208     resource officer.
209          (c) A school district or school shall include the following in the school district's or
210     school's referral to the court or the law enforcement officer or agency:
211          (i) attendance records for the minor;

212          (ii) a report of evidence-based alternative interventions used by the school before the
213     referral, including outcomes;
214          (iii) the name and contact information of the school representative assigned to actively
215     participate in the court process with the minor and the minor's family;
216          (iv) if the minor was referred to prevention or early intervention youth services under
217     Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the
218     minor's failure to complete or participate in prevention and early intervention youth services
219     under Subsection (3)(b); and
220          (v) any other information that the school district or school considers relevant.
221          (d) A minor referred to a court under Subsection (4) may not be ordered to or placed in
222     secure detention, including for a contempt charge or violation of a valid court order under
223     Section 78A-6-353, when the underlying offense is a status offense or infraction.
224          (e) If a minor is referred to a court under Subsection (4), the court may use, when
225     available, the resources of the Division of Juvenile Justice Services or the Division of
226     Substance Abuse and Mental Health to address the minor.
227          (8) If a minor is alleged to have committed an offense on school property that is a class
228     B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
229     designee, or a school resource officer may refer the minor directly to a court or to the
230     evidence-based alternative interventions in Subsection (3)(a).
231          (9) A school administrator, a school administrator's designee, and a school resource
232     officer retain the discretion described under this section if the offense is a violation of Section
233     63G-31-201.
234          Section 3. Section 63G-31-101 is enacted to read:
235     
CHAPTER 31. Distinctions on the Basis of Sex

236     
Part 1. General Provisions

237          63G-31-101. Definitions.
238          As used in this chapter:
239          (1) (a) "Changing room" means a space designated for multiple individuals to dress or
240     undress within the same space.
241          (b) "Changing room" includes:
242          (i) a dressing room, fitting room, locker room, or shower room; and

243          (ii) a restroom when a changing room contains or is attached to the restroom.
244          (2) (a) "Facility" means a publicly owned or controlled building, structure, or other
245     improvement.
246          (b) "Facility" includes a subset of a publicly owned or controlled building, structure, or
247     other improvement, including a restroom or locker room.
248          (3) "Government entity" means:
249          (a) the state; or
250          (b) any county, municipality, special district, special service district, or other political
251     subdivision or administrative unit of the state, including:
252          (i) a state institution of higher education as defined in Section 53B-2-101; or
253          (ii) a local education agency as defined in Section 53G-7-401.
254          (4) "Intersex individual" means the same as that term is defined in Section 26B-8-101.
255          (5) "Men's restroom" means a restroom that is designated for the exclusive use of
256     males and not females.
257          (6) (a) "Open to the general public" means that a privacy space is:
258          (i) freely accessible to a member of the general public;
259          (ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a
260     membership fee, or otherwise paid to access the facility containing the relevant privacy space;
261     or
262          (iii) accessible to a student of an institution of higher education described in Section
263     52B-2-101, either freely or as described in Subsection (6)(a)(ii).
264          (b) "Open to the general public" does not include a privacy space that is:
265          (i) only accessible to employees of a government entity; or
266          (ii) any area that is not normally accessible to the public.
267          (7) "Privacy space" means a restroom or changing room within a publicly owned or
268     controlled facility, where an individual has a reasonable expectation of privacy.
269          (8) "Publicly owned or controlled" means that a government entity has at least a partial
270     ownership interest in or has control of a facility, program, or event.
271          (9) (a) "Restroom" means any space that includes a toilet.
272          (b) "Restroom" includes:
273          (i) sex-designated men's restrooms;

274          (ii) sex-designated women's restrooms;
275          (iii) unisex restrooms; and
276          (iv) single-occupant restrooms.
277          (10) "Sex-designated" means that a facility, program, or event is designated specifically
278     for males or females and not the opposite sex.
279          (11) "Single-occupant" means, in relation to a single-occupant facility or privacy space,
280     that the facility or privacy space:
281          (a) has floor-to-ceiling walls;
282          (b) has an entirely encased and locking door; and
283          (c) is designated for single occupancy.
284          (12) "Unisex" means, in relation to a unisex facility or privacy space, that the facility or
285     privacy space:
286          (a) is designated for the use of both sexes; or
287          (b) is not sex-designated.
288          (13) "Women's restroom" means a restroom that is designated for the exclusive use of
289     females and not males.
290          Section 4. Section 63G-31-102 is enacted to read:
291          63G-31-102. Severability.
292          (1) If any provision of this chapter or the application of any provision of this part to
293     any person or circumstance is held invalid by a final decision of a court of competent
294     jurisdiction, the remainder of this chapter shall be given effect without the invalidated
295     provision or application.
296          (2) The provisions of this chapter are severable.
297          Section 5. Section 63G-31-201 is enacted to read:
298     
Part 2. Distinctions on the Basis of Sex

299          63G-31-201. Distinctions on the basis of sex.
300          (1) A government entity may not, on the basis of sex, exclude an individual from
301     participation in, deny an individual from the benefits of, or subject an individual to a sex-based
302     distinction in or under any government or otherwise publicly owned or controlled facility,
303     program, or event, unless the distinction is substantially related to an important government
304     objective.

305          (2) Each government entity shall ensure the preservation of distinctions on the basis of
306     sex that protect individual privacy and competitive opportunity, as described in this chapter.
307          (3) (a) As used in this Subsection (3), "athletic facility" does not include a privacy
308     space.
309          (b) To preserve the individual privacy and competitive opportunity of females, an
310     individual is not entitled to and may not access, use, or benefit from a government entity's
311     athletic facility, program, or event if:
312          (i) the facility, program, or event is designated for females; and
313          (ii) the individual is not female.
314          (c) To preserve the individual privacy and competitive opportunity of males, an
315     individual is not entitled to and may not access, use, or benefit from a government entity's
316     athletic facility, program, or event if:
317          (i) the facility, program, or event is designated for males; and
318          (ii) the individual is not male.
319          Section 6. Section 63G-31-202 is enacted to read:
320          63G-31-202. Sex-based distinctions to protect individual privacy.
321          A distinction on the basis of sex that provides separate accommodations for the sexes is
322     substantially related to the important government objective of protecting individual privacy in
323     the following contexts:
324          (1) a privacy space; and
325          (2) a correctional facility as defined in Section 77-16b-102.
326          Section 7. Section 63G-31-203 is enacted to read:
327          63G-31-203. Sex-based distinctions to protect athletic health and competitive
328     opportunity.
329          A distinction on the basis of sex to provide separate accommodations for the sexes is
330     substantially related to the important government objective of protecting health and
331     competitive opportunity in the availability or quality of an athletic venue, event, or program
332     within the public education system.
333          Section 8. Section 63G-31-204 is enacted to read:
334          63G-31-204. Prohibited sex-based distinctions.
335          The following actions within the public education system constitute a violation of

336     Section 63G-31-201:
337          (1) providing a sex-designated facility, program, or event of a higher quality to one sex
338     and of a lesser quality to the opposite sex rather than ensuring equivalent quality or rotational
339     sharing, including the use of athletic facilities or venues;
340          (2) providing males or females preferred or more advantageous scheduling of facilities,
341     programs, or events in comparison to the opposite sex rather than ensuring equivalent
342     scheduling practices or rotational sharing, including the scheduling of athletic events or
343     practices;
344          (3) providing males or females with more sex-designated opportunities than the
345     opposite sex in excess of a 10% disparity;
346          (4) requiring males or females to participate or compete against the opposite sex in any
347     sex-designated facility, program, or event; or
348          (5) requiring or knowingly allowing males or females to use a sex-designated facility in
349     the presence of the opposite sex.
350          Section 9. Section 63G-31-301 is enacted to read:
351     
Part 3. Sex-based Distinctions in Privacy Spaces

352          63G-31-301. Sex-designated privacy spaces in public schools.
353          (1) To preserve the individual privacy of male and female students in the public
354     education system, a student may only access an operational sex-designated privacy space
355     within a public school that is designated for student use if the student's sex corresponds with
356     the sex designation of the privacy space.
357          (2) For a student who makes a request to use a privacy space other than the
358     sex-designated privacy space that corresponds with the student's sex because of the student's
359     gender identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the local
360     education agency, as defined in Section 53E-1-102, shall coordinate with the student's parent or
361     legal guardian to develop a privacy plan that provides the student with:
362          (a) (i) reasonable access to a unisex or single-occupant facility; or
363          (ii) reasonable access to a faculty or staff restroom; or
364          (b) if the access described in Subsection (2)(a) is unavailable, reasonable access to
365     private use of an otherwise sex-designated privacy space through staggered scheduling or
366     another policy provision that provides for temporary private access.

367          (3) A student in a privacy space has a reasonable expectation of privacy, satisfying the
368     privacy element of the offense of voyeurism in Section 76-9-702.7.
369          (4) An individual may use the following evidence as a defense to an allegation that the
370     student is not eligible to access and use a sex-designated privacy space under Subsection (1):
371          (a) the student's unamended birth certificate that corresponds with the sex designation
372     of privacy space, which may be supported with a review of any amendment history obtained
373     under Section 26B-8-125; or
374          (b) documentation of a medical treatment or procedure that is consistent only with the
375     sex designation of the privacy space.
376          (5) Subsection (1) does not apply to:
377          (a) a unisex or single-occupant facility; or
378          (b) an intersex individual.
379          Section 10. Section 63G-31-302 is enacted to read:
380          63G-31-302. Sex-designated changing rooms in publicly owned facilities open to
381     the general public.
382          (1) (a) Except as provided in Subsection (1)(b), to preserve the individual privacy of
383     males and females, an individual may only access an operational sex-designated changing room
384     in a government entity's facility that is open to the general public if:
385          (i) the individual's sex corresponds with the sex designation of the changing room; or
386          (ii) the individual has:
387          (A) legally amended the individual's birth certificate to correspond with the sex
388     designation of the changing room, which may be supported with a review of any amendment
389     history obtained under Section 26B-8-125; and
390          (B) undergone a primary sex characteristic surgical procedure as defined in Section
391     58-67-102 to correspond with the sex designation of the changing room.
392          (b) Subsection (1)(a) does not apply to:
393          (i) a minor child who requires assistance to access or use the changing room that
394     corresponds with the sex of the minor's parent, guardian, or relative;
395          (ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as defined
396     in Section 76-5-111 who requires assistance to access or use the changing room that
397     corresponds with the sex of a caretaker;

398          (iii) an individual providing public safety services, including law enforcement,
399     emergency medical services as defined in Section 26B-4-101, and fire protection;
400          (iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide
401     health care services to a patient of the health care facility; or
402          (v) an individual whose employment duties include the maintenance or cleaning of the
403     changing room.
404          (2) An individual in a changing room has a reasonable expectation of privacy,
405     satisfying the privacy element of the offense of voyeurism in Section 76-9-702.7.
406          (3) An individual who knowingly enters a changing room in violation of Subsection (1)
407     commits the offense of criminal trespass under Section 76-6-206 if the individual enters or
408     remains in the changing room under circumstances which a reasonable person would expect to
409     likely cause affront or alarm to, on, or in the presence of another individual
410          (4) The surgical provision described in Subsection (1)(a)(ii) does not shield an
411     individual from the offense of lewdness related to genitalia under Subsection 76-9-202(3) or
412     76-9-202.5(4).
413          (5) An individual may use the following evidence as a defense against an allegation
414     that the individual is not eligible to access and use a sex-designated changing room under
415     Subsection (1):
416          (a) for an individual whose birth sex corresponds with the sex designation of the
417     changing room:
418          (i) an individual's unamended birth certificate that corresponds with the sex
419     designation of the changing room, which may be supported with a review of any amendment
420     history obtained under Section 26B-8-125; or
421          (ii) documentation of a medical treatment or procedure that is consistent only with the
422     sex designation of the changing room; or
423          (b) for an individual whose birth sex does not correspond with the sex designation of
424     the changing room:
425          (i) the individual's amended birth certificate, which may be supported with a review of
426     any amendment history obtained under Section 26B-8-125; and
427          (ii) documentation that demonstrates that the individual has undergone a primary sex
428     characteristic surgical procedure as defined in Section 58-67-102.

429          (6) Subsection (1) does not apply to:
430          (a) a unisex or single-occupant facility;
431          (b) a changing room that is not open to the general public; or
432          (c) an intersex individual.
433          Section 11. Section 63G-31-303 is enacted to read:
434          63G-31-303. Unisex or single-occupant facilities.
435          The availability of a unisex facility or single-occupant facility satisfies a government
436     entity's obligations regarding an individual who, because of the individual's gender identity, as
437     defined in Section 34A-5-102, or reasonable fear of bullying, is uncomfortable using:
438          (1) for a student, a privacy space in accordance with Section 63G-31-301; or
439          (2) a changing room in accordance with Section 63G-31-302.
440          Section 12. Section 63G-31-304 is enacted to read:
441          63G-31-304. Government entity facility compliance.
442          (1) Except as provided under Section 53G-8-211, a government entity shall contact law
443     enforcement if the entity receives a complaint or allegation regarding the following within a
444     privacy space in a facility that is open to the general public:
445          (a) an offense of lewdness under Section 76-9-702;
446          (b) an offense of lewdness involving a child under Section 76-9-702.5;
447          (c) voyeurism under Section 76-9-702.7;
448          (d) loitering in a privacy space under Section 76-9-702.8; or
449          (e) for a changing room described in Section 63G-31-302, an offense of criminal
450     trespass under Subsection 63G-31-302(2).
451          (2) To preserve the individual privacy of males and females in privacy spaces:
452          (a) a government entity shall adopt a privacy compliance plan to address compliance
453     with the government entity's duties under this chapter;
454          (b) for construction of a new facility, a government entity shall ensure that the new
455     construction includes a single-occupant facility; and
456          (c) for existing privacy spaces, a government entity:
457          (i) shall consider the feasibility of retrofitting or remodeling to include:
458          (A) floor-to-ceiling walls and doors or similar privacy protections;
459          (B) curtains; or

460          (C) other methods of improving individual privacy within the facility that are
461     comparable to the methods described in Subsections (2)(a)(i) and (ii); and
462          (ii) may reduce the number of fixtures that state law requires by up to 20% to provide
463     adequate space for the retrofitting or remodeling described in Subsection (2)(a).
464          (3) A government entity shall ensure sufficient sex-designated privacy spaces through
465     compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.
466          Section 13. Section 63G-31-401 is enacted to read:
467     
Part 4. Enforcement and Indemnification

468          63G-31-401. Government entity noncompliance.
469          (1) The state auditor shall:
470          (a) establish a process to receive and investigate alleged violations of this chapter by a
471     government entity;
472          (b) provide notice to the relevant government entity of:
473          (i) each alleged violation of this chapter by the government entity;
474          (ii) each violation that the state auditor determines to be substantiated, including an
475     opportunity to cure the violation not to exceed 30 calendar days; and
476          (c) if a government entity fails to cure a violation in accordance with Subsection
477     (1)(b)(ii), report the government entity's failure to:
478          (i) for a political subdivision as defined in Section 63G-7-102, the attorney general for
479     enforcement under Subsection (2); and
480          (ii) for a state entity as defined in Section 67-4-2, the Legislative Management
481     Committee.
482          (2) (a) The attorney general shall:
483          (i) enforce this chapter against a political subdivision upon referral by the state auditor
484     under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and
485          (ii) deposit fines under Subsection (2)(a) into the General Fund.
486          (b) A political subdivision may seek judicial review of a fine that the attorney general
487     imposes under this section to determine whether the fine is clearly erroneous.
488          Section 14. Section 63G-31-402 is enacted to read:
489          63G-31-402. Indemnification.
490          The attorney general shall defend, indemnify, and hold harmless a government entity

491     acting under color of state law to enforce this chapter for any claims or damages, including
492     court costs and attorney fees that:
493          (1) arise as a result of this chapter; and
494          (2) are not covered by the government entity's insurance policies or any coverage
495     agreement that the State Risk Management Fund issues.
496          Section 15. Section 67-3-1 is amended to read:
497          67-3-1. Functions and duties.
498          (1) (a) The state auditor is the auditor of public accounts and is independent of any
499     executive or administrative officers of the state.
500          (b) The state auditor is not limited in the selection of personnel or in the determination
501     of the reasonable and necessary expenses of the state auditor's office.
502          (2) The state auditor shall examine and certify annually in respect to each fiscal year,
503     financial statements showing:
504          (a) the condition of the state's finances;
505          (b) the revenues received or accrued;
506          (c) expenditures paid or accrued;
507          (d) the amount of unexpended or unencumbered balances of the appropriations to the
508     agencies, departments, divisions, commissions, and institutions; and
509          (e) the cash balances of the funds in the custody of the state treasurer.
510          (3) (a) The state auditor shall:
511          (i) audit each permanent fund, each special fund, the General Fund, and the accounts of
512     any department of state government or any independent agency or public corporation as the law
513     requires, as the auditor determines is necessary, or upon request of the governor or the
514     Legislature;
515          (ii) perform the audits in accordance with generally accepted auditing standards and
516     other auditing procedures as promulgated by recognized authoritative bodies; and
517          (iii) as the auditor determines is necessary, conduct the audits to determine:
518          (A) honesty and integrity in fiscal affairs;
519          (B) accuracy and reliability of financial statements;
520          (C) effectiveness and adequacy of financial controls; and
521          (D) compliance with the law.

522          (b) If any state entity receives federal funding, the state auditor shall ensure that the
523     audit is performed in accordance with federal audit requirements.
524          (c) (i) The costs of the federal compliance portion of the audit may be paid from an
525     appropriation to the state auditor from the General Fund.
526          (ii) If an appropriation is not provided, or if the federal government does not
527     specifically provide for payment of audit costs, the costs of the federal compliance portions of
528     the audit shall be allocated on the basis of the percentage that each state entity's federal funding
529     bears to the total federal funds received by the state.
530          (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
531     funds passed through the state to local governments and to reflect any reduction in audit time
532     obtained through the use of internal auditors working under the direction of the state auditor.
533          (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
534     financial audits, and as the auditor determines is necessary, conduct performance and special
535     purpose audits, examinations, and reviews of any entity that receives public funds, including a
536     determination of any or all of the following:
537          (i) the honesty and integrity of all the entity's fiscal affairs;
538          (ii) whether the entity's administrators have faithfully complied with legislative intent;
539          (iii) whether the entity's operations have been conducted in an efficient, effective, and
540     cost-efficient manner;
541          (iv) whether the entity's programs have been effective in accomplishing the intended
542     objectives; and
543          (v) whether the entity's management, control, and information systems are adequate,
544     effective, and secure.
545          (b) The auditor may not conduct performance and special purpose audits,
546     examinations, and reviews of any entity that receives public funds if the entity:
547          (i) has an elected auditor; and
548          (ii) has, within the entity's last budget year, had the entity's financial statements or
549     performance formally reviewed by another outside auditor.
550          (5) The state auditor:
551          (a) shall administer any oath or affirmation necessary to the performance of the duties
552     of the auditor's office; and

553          (b) may:
554          (i) subpoena witnesses and documents, whether electronic or otherwise; and
555          (ii) examine into any matter that the auditor considers necessary.
556          (6) The state auditor may require all persons who have had the disposition or
557     management of any property of this state or its political subdivisions to submit statements
558     regarding the property at the time and in the form that the auditor requires.
559          (7) The state auditor shall:
560          (a) except where otherwise provided by law, institute suits in Salt Lake County in
561     relation to the assessment, collection, and payment of revenues against:
562          (i) persons who by any means have become entrusted with public money or property
563     and have failed to pay over or deliver the money or property; and
564          (ii) all debtors of the state;
565          (b) collect and pay into the state treasury all fees received by the state auditor;
566          (c) perform the duties of a member of all boards of which the state auditor is a member
567     by the constitution or laws of the state, and any other duties that are prescribed by the
568     constitution and by law;
569          (d) stop the payment of the salary of any state official or state employee who:
570          (i) refuses to settle accounts or provide required statements about the custody and
571     disposition of public funds or other state property;
572          (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
573     board or department head with respect to the manner of keeping prescribed accounts or funds;
574     or
575          (iii) fails to correct any delinquencies, improper procedures, and errors brought to the
576     official's or employee's attention;
577          (e) establish accounting systems, methods, and forms for public accounts in all taxing
578     or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
579          (f) superintend the contractual auditing of all state accounts;
580          (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
581     property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
582     officials and employees in those taxing units comply with state laws and procedures in the
583     budgeting, expenditures, and financial reporting of public funds;

584          (h) subject to Subsection (9), withhold the disbursement of tax money from any county,
585     if necessary, to ensure that officials and employees in the county comply with Section
586     59-2-303.1; and
587          (i) withhold state allocated funds or the disbursement of property taxes from a local
588     government entity or a limited purpose entity, as those terms are defined in Section 67-1a-15 if
589     the state auditor finds the withholding necessary to ensure that the entity registers and
590     maintains the entity's registration with the lieutenant governor, in accordance with Section
591     67-1a-15.
592          (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
593     under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
594     written notice of noncompliance from the auditor and has been given 60 days to make the
595     specified corrections.
596          (b) If, after receiving notice under Subsection (8)(a), a state or independent local
597     fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
598     laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
599     state auditor:
600          (i) shall provide a recommended timeline for corrective actions;
601          (ii) may prohibit the state or local fee-assessing unit from accessing money held by the
602     state; and
603          (iii) may prohibit a state or local fee-assessing unit from accessing money held in an
604     account of a financial institution by filing an action in district court requesting an order of the
605     court to prohibit a financial institution from providing the fee-assessing unit access to an
606     account.
607          (c) The state auditor shall remove a limitation on accessing funds under Subsection
608     (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
609     financial reporting of public funds.
610          (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
611     state law, the state auditor:
612          (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
613     comply;
614          (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the

615     state; and
616          (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
617     account of a financial institution by:
618          (A) contacting the taxing or fee-assessing unit's financial institution and requesting that
619     the institution prohibit access to the account; or
620          (B) filing an action in district court requesting an order of the court to prohibit a
621     financial institution from providing the taxing or fee-assessing unit access to an account.
622          (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
623     law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
624     (8)(d).
625          (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
626     received formal written notice of noncompliance from the auditor and has been given 60 days
627     to make the specified corrections.
628          (10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
629     auditor receives a notice of non-registration, as that term is defined in Section 67-1a-15.
630          (b) If the state auditor receives a notice of non-registration, the state auditor may
631     prohibit the local government entity or limited purpose entity, as those terms are defined in
632     Section 67-1a-15, from accessing:
633          (i) money held by the state; and
634          (ii) money held in an account of a financial institution by:
635          (A) contacting the entity's financial institution and requesting that the institution
636     prohibit access to the account; or
637          (B) filing an action in district court requesting an order of the court to prohibit a
638     financial institution from providing the entity access to an account.
639          (c) The state auditor shall remove the prohibition on accessing funds described in
640     Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
641     Section 67-1a-15, from the lieutenant governor.
642          (11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
643     state auditor:
644          (a) shall authorize a disbursement by a local government entity or limited purpose
645     entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing

646     unit if the disbursement is necessary to:
647          (i) avoid a major disruption in the operations of the local government entity, limited
648     purpose entity, or state or local taxing or fee-assessing unit; or
649          (ii) meet debt service obligations; and
650          (b) may authorize a disbursement by a local government entity, limited purpose entity,
651     or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
652          (12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
653     take temporary custody of public funds if an action is necessary to protect public funds from
654     being improperly diverted from their intended public purpose.
655          (b) If the state auditor seeks relief under Subsection (12)(a):
656          (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
657     and
658          (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a
659     court orders the public funds to be protected from improper diversion from their public
660     purpose.
661          (13) The state auditor shall:
662          (a) establish audit guidelines and procedures for audits of local mental health and
663     substance abuse authorities and their contract providers, conducted pursuant to Title 17,
664     Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
665     Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental
666     Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
667     Organizations, and Other Local Entities Act; and
668          (b) ensure that those guidelines and procedures provide assurances to the state that:
669          (i) state and federal funds appropriated to local mental health authorities are used for
670     mental health purposes;
671          (ii) a private provider under an annual or otherwise ongoing contract to provide
672     comprehensive mental health programs or services for a local mental health authority is in
673     compliance with state and local contract requirements and state and federal law;
674          (iii) state and federal funds appropriated to local substance abuse authorities are used
675     for substance abuse programs and services; and
676          (iv) a private provider under an annual or otherwise ongoing contract to provide

677     comprehensive substance abuse programs or services for a local substance abuse authority is in
678     compliance with state and local contract requirements, and state and federal law.
679          (14) (a) The state auditor may, in accordance with the auditor's responsibilities for
680     political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from
681     Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
682     investigations of any political subdivision that are necessary to determine honesty and integrity
683     in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
684     financial controls and compliance with the law.
685          (b) If the state auditor receives notice under Subsection 11-41-104(7) from the
686     Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may
687     initiate an audit or investigation of the public entity subject to the notice to determine
688     compliance with Section 11-41-103.
689          (15) (a) The state auditor may not audit work that the state auditor performed before
690     becoming state auditor.
691          (b) If the state auditor has previously been a responsible official in state government
692     whose work has not yet been audited, the Legislature shall:
693          (i) designate how that work shall be audited; and
694          (ii) provide additional funding for those audits, if necessary.
695          (16) The state auditor shall:
696          (a) with the assistance, advice, and recommendations of an advisory committee
697     appointed by the state auditor from among special district boards of trustees, officers, and
698     employees and special service district boards, officers, and employees:
699          (i) prepare a Uniform Accounting Manual for Special Districts that:
700          (A) prescribes a uniform system of accounting and uniform budgeting and reporting
701     procedures for special districts under Title 17B, Limited Purpose Local Government Entities -
702     Special Districts, and special service districts under Title 17D, Chapter 1, Special Service
703     District Act;
704          (B) conforms with generally accepted accounting principles; and
705          (C) prescribes reasonable exceptions and modifications for smaller districts to the
706     uniform system of accounting, budgeting, and reporting;
707          (ii) maintain the manual under this Subsection (16)(a) so that the manual continues to

708     reflect generally accepted accounting principles;
709          (iii) conduct a continuing review and modification of procedures in order to improve
710     them;
711          (iv) prepare and supply each district with suitable budget and reporting forms; and
712          (v) (A) prepare instructional materials, conduct training programs, and render other
713     services considered necessary to assist special districts and special service districts in
714     implementing the uniform accounting, budgeting, and reporting procedures; and
715          (B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
716     63G, Chapter 22, State Training and Certification Requirements; and
717          (b) continually analyze and evaluate the accounting, budgeting, and reporting practices
718     and experiences of specific special districts and special service districts selected by the state
719     auditor and make the information available to all districts.
720          (17) (a) The following records in the custody or control of the state auditor are
721     protected records under Title 63G, Chapter 2, Government Records Access and Management
722     Act:
723          (i) records that would disclose information relating to allegations of personal
724     misconduct, gross mismanagement, or illegal activity of a past or present governmental
725     employee if the information or allegation cannot be corroborated by the state auditor through
726     other documents or evidence, and the records relating to the allegation are not relied upon by
727     the state auditor in preparing a final audit report;
728          (ii) records and audit workpapers to the extent the workpapers would disclose the
729     identity of an individual who during the course of an audit, communicated the existence of any
730     waste of public funds, property, or manpower, or a violation or suspected violation of a law,
731     rule, or regulation adopted under the laws of this state, a political subdivision of the state, or
732     any recognized entity of the United States, if the information was disclosed on the condition
733     that the identity of the individual be protected;
734          (iii) before an audit is completed and the final audit report is released, records or drafts
735     circulated to an individual who is not an employee or head of a governmental entity for the
736     individual's response or information;
737          (iv) records that would disclose an outline or part of any audit survey plans or audit
738     program; and

739          (v) requests for audits, if disclosure would risk circumvention of an audit.
740          (b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
741     of records or information that relate to a violation of the law by a governmental entity or
742     employee to a government prosecutor or peace officer.
743          (c) The provisions of this Subsection (17) do not limit the authority otherwise given to
744     the state auditor to classify a document as public, private, controlled, or protected under Title
745     63G, Chapter 2, Government Records Access and Management Act.
746          (d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
747     state auditor and the subject of an audit performed by the state auditor as to whether the state
748     auditor may release a record, as defined in Section 63G-2-103, to the public that the state
749     auditor gained access to in the course of the state auditor's audit but which the subject of the
750     audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
751     Access and Management Act.
752          (ii) The state auditor may submit a record dispute to the State Records Committee,
753     created in Section 63G-2-501, for a determination of whether the state auditor may, in
754     conjunction with the state auditor's release of an audit report, release to the public the record
755     that is the subject of the record dispute.
756          (iii) The state auditor or the subject of the audit may seek judicial review of a State
757     Records Committee determination under Subsection (17)(d)(ii), as provided in Section
758     63G-2-404.
759          (18) If the state auditor conducts an audit of an entity that the state auditor has
760     previously audited and finds that the entity has not implemented a recommendation made by
761     the state auditor in a previous audit, the state auditor shall notify the Legislative Management
762     Committee through the Legislative Management Committee's audit subcommittee that the
763     entity has not implemented that recommendation.
764          (19) The state auditor shall, with the advice and consent of the Senate, appoint the state
765     privacy officer described in Section 67-3-13.
766          (20) Except as provided in Subsection (21), the state auditor shall report, or ensure that
767     another government entity reports, on the financial, operational, and performance metrics for
768     the state system of higher education and the state system of public education, including metrics
769     in relation to students, programs, and schools within those systems.

770          (21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits
771     of:
772          (i) the scholarship granting organization for the Special Needs Opportunity Scholarship
773     Program, created in Section 53E-7-402;
774          (ii) the State Board of Education for the Carson Smith Scholarship Program, created in
775     Section 53F-4-302; and
776          (iii) the scholarship program manager for the Utah Fits All Scholarship Program,
777     created in Section 53F-6-402.
778          (b) Nothing in this subsection limits or impairs the authority of the State Board of
779     Education to administer the programs described in Subsection (21)(a).
780          (22) The state auditor shall, based on the information posted by the Office of
781     Legislative Research and General Counsel under Subsection 36-12-12.1(2), for each policy,
782     track and post the following information on the state auditor's website:
783          (a) the information posted under Subsections 36-12-12.1(2)(a) through (e);
784          (b) an indication regarding whether the policy is timely adopted, adopted late, or not
785     adopted;
786          (c) an indication regarding whether the policy complies with the requirements
787     established by law for the policy; and
788          (d) a link to the policy.
789          (23) (a) A legislator may request that the state auditor conduct an inquiry to determine
790     whether a government entity, government official, or government employee has complied with
791     a legal obligation directly imposed, by statute, on the government entity, government official,
792     or government employee.
793          (b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct
794     the inquiry requested.
795          (c) If the state auditor conducts the inquiry described in Subsection (23)(b), the state
796     auditor shall post the results of the inquiry on the state auditor's website.
797          (d) The state auditor may limit the inquiry described in this Subsection (23) to a simple
798     determination, without conducting an audit, regarding whether the obligation was fulfilled.
799          (24) The state auditor shall:
800          (a) ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in

801     accordance with Section 63G-31-401; and
802          (b) report to the Legislative Management Committee, upon request, regarding the state
803     auditor's actions under this Subsection (24).
804          Section 16. Section 67-5-1 is amended to read:
805          67-5-1. General duties.
806          (1) The attorney general shall:
807          (a) perform all duties in a manner consistent with the attorney-client relationship under
808     Section 67-5-17;
809          (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court
810     and the Court of Appeals of this state, and all courts of the United States, and prosecute or
811     defend all causes to which the state or any officer, board, or commission of the state in an
812     official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
813     state is interested;
814          (c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
815     process as necessary to execute the judgment;
816          (d) account for, and pay over to the proper officer, all money that comes into the
817     attorney general's possession that belongs to the state;
818          (e) keep a file of all cases in which the attorney general is required to appear, including
819     any documents and papers showing the court in which the cases have been instituted and tried,
820     and whether they are civil or criminal, and:
821          (i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
822     judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
823     satisfied, documentation of the return of the sheriff;
824          (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
825     proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
826     execution, if the sentence has been executed, and, if not executed, the reason for the delay or
827     prevention; and
828          (iii) deliver this information to the attorney general's successor in office;
829          (f) exercise supervisory powers over the district and county attorneys of the state in all
830     matters pertaining to the duties of the district and county attorneys' offices, including the
831     authority described in Subsection (2);

832          (g) give the attorney general's opinion in writing and without fee, when required, upon
833     any question of law relating to the office of the requester:
834          (i) in accordance with Section 67-5-1.1, to the Legislature or either house;
835          (ii) to any state officer, board, or commission; and
836          (iii) to any county attorney or district attorney;
837          (h) when required by the public service or directed by the governor, assist any county,
838     district, or city attorney in the discharge of county, district, or city attorney's duties;
839          (i) purchase in the name of the state, under the direction of the state Board of
840     Examiners, any property offered for sale under execution issued upon judgments in favor of or
841     for the use of the state, and enter satisfaction in whole or in part of the judgments as the
842     consideration of the purchases;
843          (j) when the property of a judgment debtor in any judgment mentioned in Subsection
844     (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
845     taking precedence of the judgment in favor of the state, redeem the property, under the
846     direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
847     pay all money necessary for the redemption, upon the order of the state Board of Examiners,
848     out of any money appropriated for these purposes;
849          (k) when in the attorney general's opinion it is necessary for the collection or
850     enforcement of any judgment, institute and prosecute on behalf of the state any action or
851     proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
852     debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
853     Examiners, out of any money not otherwise appropriated;
854          (l) discharge the duties of a member of all official boards of which the attorney general
855     is or may be made a member by the Utah Constitution or by the laws of the state, and other
856     duties prescribed by law;
857          (m) institute and prosecute proper proceedings in any court of the state or of the United
858     States to restrain and enjoin corporations organized under the laws of this or any other state or
859     territory from acting illegally or in excess of their corporate powers or contrary to public
860     policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and
861     wind up their affairs;
862          (n) institute investigations for the recovery of all real or personal property that may

863     have escheated or should escheat to the state, and for that purpose, subpoena any persons
864     before any of the district courts to answer inquiries and render accounts concerning any
865     property, examine all books and papers of any corporations, and when any real or personal
866     property is discovered that should escheat to the state, institute suit in the district court of the
867     county where the property is situated for its recovery, and escheat that property to the state;
868          (o) administer the Children's Justice Center as a program to be implemented in various
869     counties pursuant to Sections 67-5b-101 through 67-5b-107;
870          (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
871     Constitutional and Federalism Defense Act;
872          (q) pursue any appropriate legal action to implement the state's public lands policy
873     established in Section 63C-4a-103;
874          (r) investigate and prosecute violations of all applicable state laws relating to fraud in
875     connection with the state Medicaid program and any other medical assistance program
876     administered by the state, including violations of Title 26B, Chapter 3, Part 11, Utah False
877     Claims Act;
878          (s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
879          (i) in health care facilities that receive payments under the state Medicaid program;
880          (ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
881     Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and
882          (iii) who are receiving medical assistance under the Medicaid program as defined in
883     Section 26B-3-101 in a noninstitutional or other setting;
884          (t) (i) report at least twice per year to the Legislative Management Committee on any
885     pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
886          (A) cost the state more than $500,000; or
887          (B) require the state to take legally binding action that would cost more than $500,000
888     to implement; and
889          (ii) if the meeting is closed, include an estimate of the state's potential financial or
890     other legal exposure in that report;
891          (u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that
892     summarizes any lawsuit or decision in which a court or the Office of the Attorney General has
893     determined that a state statute is unconstitutional or unenforceable since the attorney general's

894     last report under this Subsection (1)(u), including any:
895          (A) settlements reached;
896          (B) consent decrees entered;
897          (C) judgments issued;
898          (D) preliminary injunctions issued;
899          (E) temporary restraining orders issued; or
900          (F) formal or informal policies of the Office of the Attorney General to not enforce a
901     law; and
902          (ii) at least 30 days before the Legislature's May and November interim meetings,
903     submit the report described in Subsection (1)(u)(i) to:
904          (A) the Legislative Management Committee;
905          (B) the Judiciary Interim Committee; and
906          (C) the Law Enforcement and Criminal Justice Interim Committee;
907          (v) if the attorney general operates the Office of the Attorney General or any portion of
908     the Office of the Attorney General as an internal service fund agency in accordance with
909     Section 67-5-4, submit to the rate committee established in Section 67-5-34:
910          (i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and
911          (ii) any other information or analysis requested by the rate committee;
912          (w) before the end of each calendar year, create an annual performance report for the
913     Office of the Attorney General and post the report on the attorney general's website;
914          (x) ensure that any training required under this chapter complies with Title 63G,
915     Chapter 22, State Training and Certification Requirements;
916          (y) notify the legislative general counsel in writing within three business days after the
917     day on which the attorney general is officially notified of a claim, regardless of whether the
918     claim is filed in state or federal court, that challenges:
919          (i) the constitutionality of a state statute;
920          (ii) the validity of legislation; or
921          (iii) any action of the Legislature; [and]
922          (z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
923     special advisor to the Office of the Governor and the Office of the Attorney General in matters
924     relating to Native American and tribal issues to:

925          (A) establish outreach to the tribes and affected counties and communities; and
926          (B) foster better relations and a cooperative framework; and
927          (ii) annually report to the Executive Offices and Criminal Justice Appropriations
928     Subcommittee regarding:
929          (A) the status of the work of the special advisor described in Subsection (1)(z)(i); and
930          (B) whether the need remains for the ongoing appropriation to fund the special advisor
931     described in Subsection (1)(z)(i)[.]; and
932          (aa) (i) enforce compliance with Title 63G, Chapter 31, Distinctions on the Basis of
933     Sex, in accordance with Section 63G-31-401; and
934          (ii) report to the Legislative Management Committee, upon request, regarding the
935     attorney general's enforcement under this Subsection (1)(aa).
936          (2) (a) The attorney general may require a district attorney or county attorney of the
937     state to, upon request, report on the status of public business entrusted to the district or county
938     attorney's charge.
939          (b) The attorney general may review investigation results de novo and file criminal
940     charges, if warranted, in any case involving a first degree felony, if:
941          (i) a law enforcement agency submits investigation results to the county attorney or
942     district attorney of the jurisdiction where the incident occurred and the county attorney or
943     district attorney:
944          (A) declines to file criminal charges; or
945          (B) fails to screen the case for criminal charges within six months after the law
946     enforcement agency's submission of the investigation results; and
947          (ii) after consultation with the county attorney or district attorney of the jurisdiction
948     where the incident occurred, the attorney general reasonably believes action by the attorney
949     general would not interfere with an ongoing investigation or prosecution by the county attorney
950     or district attorney of the jurisdiction where the incident occurred.
951          (c) If the attorney general decides to conduct a review under Subsection (2)(b), the
952     district attorney, county attorney, and law enforcement agency shall, within 14 days after the
953     day on which the attorney general makes a request, provide the attorney general with:
954          (i) all information relating to the investigation, including all reports, witness lists,
955     witness statements, and other documents created or collected in relation to the investigation;

956          (ii) all recordings, photographs, and other physical or digital media created or collected
957     in relation to the investigation;
958          (iii) access to all evidence gathered or collected in relation to the investigation; and
959          (iv) the identification of, and access to, all officers or other persons who have
960     information relating to the investigation.
961          (d) If a district attorney, county attorney, or law enforcement agency fails to timely
962     comply with Subsection (2)(c), the attorney general may seek a court order compelling
963     compliance.
964          (e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
965     grant the order unless the district attorney, county attorney, or law enforcement agency shows
966     good cause and a compelling interest for not complying with Subsection (2)(c).
967          Section 17. Section 68-3-12.5 is amended to read:
968          68-3-12.5. Definitions for Utah Code.
969          (1) The definitions listed in this section apply to the Utah Code, unless:
970          (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
971     to the context of the statute; or
972          (b) a different definition is expressly provided for the respective title, chapter, part,
973     section, or subsection.
974          (2) "Adjudicative proceeding" means:
975          (a) an action by a board, commission, department, officer, or other administrative unit
976     of the state that determines the legal rights, duties, privileges, immunities, or other legal
977     interests of one or more identifiable persons, including an action to grant, deny, revoke,
978     suspend, modify, annul, withdraw, or amend an authority, right, or license; and
979          (b) judicial review of an action described in Subsection (2)(a).
980          (3) "Administrator" includes "executor" when the subject matter justifies the use.
981          (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
982     commission, committee, or council that:
983          (a) is created by, and whose duties are provided by, statute or executive order;
984          (b) performs its duties only under the supervision of another person as provided by
985     statute; and
986          (c) provides advice and makes recommendations to another person that makes policy

987     for the benefit of the general public.
988          (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
989     Space Force, and Coast Guard.
990          (6) "City" includes, depending on population, a metro township as defined in Section
991     10-3c-102.
992          (7) "County executive" means:
993          (a) the county commission, in the county commission or expanded county commission
994     form of government established under Title 17, Chapter 52a, Changing Forms of County
995     Government;
996          (b) the county executive, in the county executive-council optional form of government
997     authorized by Section 17-52a-203; or
998          (c) the county manager, in the council-manager optional form of government
999     authorized by Section 17-52a-204.
1000          (8) "County legislative body" means:
1001          (a) the county commission, in the county commission or expanded county commission
1002     form of government established under Title 17, Chapter 52a, Changing Forms of County
1003     Government;
1004          (b) the county council, in the county executive-council optional form of government
1005     authorized by Section 17-52a-203; and
1006          (c) the county council, in the council-manager optional form of government authorized
1007     by Section 17-52a-204.
1008          (9) "Depose" means to make a written statement made under oath or affirmation.
1009          (10) (a) "Equal" means, with respect to biological sex, of the same value.
1010          (b) "Equal" does not mean, with respect to biological sex:
1011          (i) a characteristic of being the same or identical; or
1012          (ii) a requirement that biological sexes be ignored or co-mingled in every circumstance.
1013          [(10)] (11) "Executor" includes "administrator" when the subject matter justifies the
1014     use.
1015          (12) "Father" means a parent who is of the male sex.
1016          (13) "Female" means the characteristic of an individual whose biological reproductive
1017     system is of the general type that functions in a way that could produce ova.

1018          [(11)] (14) "Guardian" includes a person who:
1019          (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
1020     or court appointment; or
1021          (b) is appointed by a court to manage the estate of a minor or incapacitated person.
1022          [(12)] (15) "Highway" includes:
1023          (a) a public bridge;
1024          (b) a county way;
1025          (c) a county road;
1026          (d) a common road; and
1027          (e) a state road.
1028          [(13)] (16) "Intellectual disability" means a significant, subaverage general intellectual
1029     functioning that:
1030          (a) exists concurrently with deficits in adaptive behavior; and
1031          (b) is manifested during the developmental period as defined in the current edition of
1032     the Diagnostic and Statistical Manual of Mental Disorders, published by the American
1033     Psychiatric Association.
1034          [(14)] (17) "Intermediate care facility for people with an intellectual disability" means
1035     an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
1036     Security Act.
1037          [(15)] (18) "Land" includes:
1038          (a) land;
1039          (b) a tenement;
1040          (c) a hereditament;
1041          (d) a water right;
1042          (e) a possessory right; and
1043          (f) a claim.
1044          (19) "Male" means the characteristic of an individual whose biological reproductive
1045     system is of the general type that functions to fertilize the ova of a female.
1046          (20) "Man" means an adult human male.
1047          [(16)] (21) "Month" means a calendar month, unless otherwise expressed.
1048          (22) "Mother" means a parent who is of the female sex.

1049          [(17)] (23) "Oath" includes "affirmation."
1050          [(18)] (24) "Person" means:
1051          (a) an individual;
1052          (b) an association;
1053          (c) an institution;
1054          (d) a corporation;
1055          (e) a company;
1056          (f) a trust;
1057          (g) a limited liability company;
1058          (h) a partnership;
1059          (i) a political subdivision;
1060          (j) a government office, department, division, bureau, or other body of government;
1061     and
1062          (k) any other organization or entity.
1063          [(19)] (25) "Personal property" includes:
1064          (a) money;
1065          (b) goods;
1066          (c) chattels;
1067          (d) effects;
1068          (e) evidences of a right in action;
1069          (f) a written instrument by which a pecuniary obligation, right, or title to property is
1070     created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
1071          (g) a right or interest in an item described in Subsections [(19)(a)] (25)(a) through (f).
1072          [(20)] (26) "Personal representative," "executor," and "administrator" include:
1073          (a) an executor;
1074          (b) an administrator;
1075          (c) a successor personal representative;
1076          (d) a special administrator; and
1077          (e) a person who performs substantially the same function as a person described in
1078     Subsections [(20)(a)] (26)(a) through (d) under the law governing the person's status.
1079          [(21)] (27) "Policy board," "policy commission," or "policy council" means a board,

1080     commission, or council that:
1081          (a) is authorized to make policy for the benefit of the general public;
1082          (b) is created by, and whose duties are provided by, the constitution or statute; and
1083          (c) performs its duties according to its own rules without supervision other than under
1084     the general control of another person as provided by statute.
1085          [(22)] (28) "Population" is shown by the most recent state or national census, unless
1086     expressly provided otherwise.
1087          [(23)] (29) "Process" means a writ or summons issued in the course of a judicial
1088     proceeding.
1089          [(24)] (30) "Property" includes both real and personal property.
1090          [(25)] (31) "Real estate" or "real property" includes:
1091          (a) land;
1092          (b) a tenement;
1093          (c) a hereditament;
1094          (d) a water right;
1095          (e) a possessory right; and
1096          (f) a claim.
1097          [(26)] (32) "Review board," "review commission," and "review council" mean a board,
1098     commission, committee, or council that:
1099          (a) is authorized to approve policy made for the benefit of the general public by another
1100     body or person;
1101          (b) is created by, and whose duties are provided by, statute; and
1102          (c) performs its duties according to its own rules without supervision other than under
1103     the general control of another person as provided by statute.
1104          [(27)] (33) "Road" includes:
1105          (a) a public bridge;
1106          (b) a county way;
1107          (c) a county road;
1108          (d) a common road; and
1109          (e) a state road.
1110          (34) "Sex" means, in relation to an individual, the individual's biological sex, either

1111     male or female, at birth, according to distinct reproductive roles as manifested by:
1112          (a) sex and reproductive organ anatomy;
1113          (b) chromosomal makeup; and
1114          (c) endogenous hormone profiles.
1115          [(28)] (35) "Signature" includes a name, mark, or sign written with the intent to
1116     authenticate an instrument or writing.
1117          [(29)] (36) "State," when applied to the different parts of the United States, includes a
1118     state, district, or territory of the United States.
1119          [(30)] (37) "Swear" includes "affirm."
1120          [(31)] (38) "Testify" means to make an oral statement under oath or affirmation.
1121          [(32)] (39) "Town" includes, depending on population, a metro township as defined in
1122     Section 10-3c-102.
1123          [(33)] (40) "Uniformed services" means:
1124          (a) the armed forces;
1125          (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
1126     and
1127          (c) the commissioned corps of the United States Public Health Service.
1128          [(34)] (41) "United States" includes each state, district, and territory of the United
1129     States of America.
1130          [(35)] (42) "Utah Code" means the 1953 recodification of the Utah Code, as amended,
1131     unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
1132     existed:
1133          (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
1134          (b) (i) after the day described in Subsection [(35)(a)] (42)(a); and
1135          (ii) before the most recent amendment to the referenced portion of the 1953
1136     recodification of the Utah Code.
1137          [(36)] (43) "Vessel," when used with reference to shipping, includes a steamboat, canal
1138     boat, and every structure adapted to be navigated from place to place.
1139          [(37)] (44) (a) "Veteran" means an individual who:
1140          (i) has served in the United States Armed Forces for at least 180 days:
1141          (A) on active duty; or

1142          (B) in a reserve component, to include the National Guard; or
1143          (ii) has incurred an actual service-related injury or disability while in the United States
1144     Armed Forces regardless of whether the individual completed 180 days; and
1145          (iii) was separated or retired under conditions characterized as honorable or general.
1146          (b) This definition is not intended to confer eligibility for benefits.
1147          [(38)] (45) "Will" includes a codicil.
1148          (46) "Woman" means an adult human female.
1149          [(39)] (47) "Writ" means an order or precept in writing, issued in the name of:
1150          (a) the state;
1151          (b) a court; or
1152          (c) a judicial officer.
1153          [(40)] (48) "Writing" includes:
1154          (a) printing;
1155          (b) handwriting; and
1156          (c) information stored in an electronic or other medium if the information is retrievable
1157     in a perceivable format.
1158          Section 18. Section 76-6-206 is amended to read:
1159          76-6-206. Criminal trespass.
1160          (1) (a) As used in this section:
1161          (i) "Enter" means intrusion of the entire body or the entire unmanned aircraft.
1162          (ii) "Graffiti" means the same as that term is defined in Section 76-6-101.
1163          (iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means
1164     remaining on or over private property when:
1165          (A) the private property or any portion of the private property is not open to the public;
1166     and
1167          (B) the person operating the unmanned aircraft is not otherwise authorized to fly the
1168     unmanned aircraft over the private property or any portion of the private property.
1169          (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
1170          (2) An actor commits criminal trespass if, under circumstances not amounting to
1171     burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section
1172     76-10-2402 regarding commercial obstruction:

1173          (a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter
1174     and remain unlawfully over property and:
1175          (i) intends to cause annoyance or injury to any person or damage to any property,
1176     including the use of graffiti;
1177          (ii) intends to commit any crime, other than theft or a felony; or
1178          (iii) is reckless as to whether the actor's or unmanned aircraft's presence will cause fear
1179     for the safety of another;
1180          (b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor
1181     enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over
1182     property to which notice against entering is given by:
1183          (i) personal communication to the actor by the owner or someone with apparent
1184     authority to act for the owner;
1185          (ii) fencing or other enclosure obviously designed to exclude intruders; or
1186          (iii) posting of signs reasonably likely to come to the attention of intruders; [or]
1187          (c) the actor enters a condominium unit in violation of [Subsection] Section
1188     57-8-7(8)[.]; or
1189          (d) the actor enters a sex-designated changing room in violation of Subsection
1190     63G-31-302(3).
1191          (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) [or],
1192     (b), or (d) is a class B misdemeanor.
1193          (b) [If] The following is a class A misdemeanor:
1194          (i) if a violation of Subsection (2)(a) or (b) is committed in a dwelling[, the violation is
1195     a class A misdemeanor.];
1196          (ii) if a violation of Subsection (2)(d) is committed while also committing the offense
1197     of:
1198          (A) lewdness under Section 76-9-702;
1199          (B) lewdness involving a child under Section 76-9-702.5;
1200          (C) voyeurism under Section 76-9-702.7; or
1201          (D) loitering in a privacy space under Section 76-9-702.8; or
1202          (iii) if a violation of Subsection (2)(d) is committed in a sex-designated privacy space,
1203     as defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.

1204          (c) A violation of Subsection (2)(c) is an infraction.
1205          (4) It is a defense to prosecution under this section that:
1206          (a) the property was at the time open to the public; and
1207          (b) the defendant complied with all lawful conditions imposed on access to or
1208     remaining on the property.
1209          (5) In addition to an order for restitution under Section 77-38b-205, an actor who
1210     commits a violation of Subsection (2) may also be liable for:
1211          (a) statutory damages in the amount of three times the value of damages resulting from
1212     the violation of Subsection (2) or $500, whichever is greater; and
1213          (b) reasonable attorney fees not to exceed $250, and court costs.
1214          (6) Civil damages under Subsection (5) may be collected in a separate action by the
1215     property owner or the owner's assignee.
1216          Section 19. Section 76-9-202 is amended to read:
1217          76-9-202. Emergency reporting -- Interference -- False report.
1218          (1) As used in this section:
1219          (a) "Emergency" means a situation in which property or human life is in jeopardy and
1220     the prompt summoning of aid is essential to the preservation of human life or property.
1221          (b) "Party line" means a subscriber's line or telephone circuit:
1222          (i) that consists of two or more connected main telephone stations; and
1223          (ii) where each telephone station has a distinctive ring or telephone number.
1224          (2) An actor is guilty of emergency reporting abuse if the actor:
1225          (a) intentionally refuses to yield or surrender the use of a party line or a public pay
1226     telephone to another individual upon being informed that the telephone is needed to report a
1227     fire or summon police, medical, or other aid in case of emergency, unless the telephone is
1228     likewise being used for an emergency call;
1229          (b) asks for or requests the use of a party line or a public pay telephone on the pretext
1230     that an emergency exists, knowing that no emergency exists;
1231          (c) reports an emergency or causes an emergency to be reported to any public, private,
1232     or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when
1233     the actor knows the reported emergency does not exist; [or]
1234          (d) makes a false report, or intentionally aids, abets, or causes a third party to make a

1235     false report, to an emergency response service, including a law enforcement dispatcher or a 911
1236     emergency response service, if the false report claims that:
1237          (i) an ongoing emergency exists;
1238          (ii) the emergency described in Subsection (2)(d)(i) currently involves, or involves an
1239     imminent threat of, serious bodily injury, serious physical injury, or death; and
1240          (iii) the emergency described in Subsection (2)(d)(i) is occurring at a specified
1241     location[.]; or
1242          (e) makes a false report after having previously made a false report, or intentionally
1243     aides, abets, or causes a third party to make a false report, to an emergency response service,
1244     including a law enforcement dispatcher or a 911 emergency response service, alleging a
1245     violation of Section 63G-31-302 regarding a sex-designated changing room.
1246          (3) (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor.
1247          (b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided
1248     under Subsection (3)(c).
1249          (c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding
1250     a weapon of mass destruction, as defined in Section 76-10-401.
1251          (d) A violation of Subsection (2)(d):
1252          (i) except as provided in Subsection (3)(d)(ii), is a third degree felony; or
1253          (ii) is a second degree felony if:
1254          (A) while acting in response to the report, the emergency responder causes physical
1255     injury to an individual at the location described in Subsection (2)(d)(iii); or
1256          (B) the actor makes the false report or aids, abets, or causes a third party to make the
1257     false report with intent to ambush, attack, or otherwise harm a responding law enforcement
1258     officer or emergency responder.
1259          (e) A violation of Subsection (2)(e) is a class B misdemeanor.
1260          (4) (a) In addition to any other penalty authorized by law, a court shall order an actor
1261     convicted of a violation of this section to reimburse:
1262          (i) any federal, state, or local unit of government, or any private business, organization,
1263     individual, or entity for all expenses and losses incurred in responding to the violation; and
1264          (ii) an individual described in Subsection (3)(d)(ii) for the costs for the treatment of the
1265     physical injury and any psychological injury caused by the offense.

1266          (b) The court may order that the defendant pay less than the full amount of the costs
1267     described in Subsection (4)(a) only if the court states on the record the reasons why the
1268     reimbursement would be inappropriate.
1269          Section 20. Section 76-9-702 is amended to read:
1270          76-9-702. Lewdness.
1271          (1) A person is guilty of lewdness if the person under circumstances not amounting to
1272     rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
1273     abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
1274     under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2, custodial
1275     sexual relations with youth receiving state services under Section 76-5-413, custodial sexual
1276     misconduct with youth receiving state services under Section 76-5-413.2, or an attempt to
1277     commit any of these offenses, performs any of the following acts in a public place or under
1278     circumstances which the person should know will likely cause affront or alarm to, on, or in the
1279     presence of another who is 14 years old or older:
1280          (a) an act of sexual intercourse or sodomy;
1281          (b) exposes his or her genitals, the female breast below the top of the areola, the
1282     buttocks, the anus, or the pubic area;
1283          (c) masturbates; or
1284          (d) any other act of lewdness.
1285          (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
1286     guilty of a class B misdemeanor, except under Subsection (2)(b).
1287          (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
1288     if at the time of the violation:
1289          (i) the person is a sex offender as defined in Section 77-27-21.7;
1290          (ii) the person has been previously convicted two or more times of violating Subsection
1291     (1); [or]
1292          (iii) the person has previously been convicted of a violation of Subsection (1) and has
1293     also previously been convicted of a violation of Section 76-9-702.5[.];
1294          (iv) the person commits the offense of lewdness while also committing the offense of:
1295          (A) criminal trespass in a sex-designated changing room under Subsection
1296     76-6-206(2)(d);

1297          (B) lewdness involving a child under Section 76-9-702.5;
1298          (C) voyeurism under Section 76-9-702.7; or
1299          (D) loitering in a privacy space under Section 76-9-702.8; or
1300          (v) the person commits the offense of lewdness in a sex-designated privacy space, as
1301     defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.
1302          (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102(18), a plea of
1303     guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77,
1304     Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
1305          (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
1306     subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
1307          (3) (a) As used in this Subsection (3):
1308          (i) "Common area of a privacy space" means any area of a privacy space other than:
1309          (A) a toilet stall with a closed door;
1310          (B) immediately in front of a urinal during use; or
1311          (C) a shower stall with a closed door or other closed covering.
1312          (ii) "Privacy space" means the same as that term is defined in Section 76-9-702.8.
1313          (b) The common area of a privacy space constitutes a public place or circumstance
1314     described in Subsection (1) where an act or an attempted act described in Subsection (1)
1315     constitutes lewdness.
1316          (c) Within the common area of a dressing room, fitting room, locker room, changing
1317     facility, or any other space designated for multiple individuals to dress or undress within the
1318     same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond
1319     with the sex designation of the changing room constitutes an act or an attempted act described
1320     in Subsection (1) that constitutes lewdness.
1321          [(3)] (4) A woman's breast feeding, including breast feeding in any location where the
1322     woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
1323     irrespective of whether or not the breast is covered during or incidental to feeding.
1324          Section 21. Section 76-9-702.5 is amended to read:
1325          76-9-702.5. Lewdness involving a child.
1326          (1) As used in this section[,]:
1327          (a) "[in] In the presence of" includes within visual contact through an electronic device.

1328          (b) "Common area of a privacy space" means the same as that term is defined in
1329     Section 76-9-702.
1330          (c) "Privacy space" means the same as that term is defined in Section 76-9-702.8.
1331          (2) A person is guilty of lewdness involving a child if the person under circumstances
1332     not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a
1333     child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses,
1334     intentionally or knowingly:
1335          (a) does any of the following in the presence of a child who is under 14 years of age:
1336          (i) performs an act of sexual intercourse or sodomy;
1337          (ii) exposes his or her genitals, the female breast below the top of the areola, the
1338     buttocks, the anus, or the pubic area:
1339          (A) in a public place; or
1340          (B) in a private place under circumstances the person should know will likely cause
1341     affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;
1342          (iii) masturbates; or
1343          (iv) performs any other act of lewdness; or
1344          (b) under circumstances not amounting to sexual exploitation of a child under Section
1345     76-5b-201 or aggravated sexual exploitation of a child under Section 76-5b-201.1, causes a
1346     child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the
1347     actor, with the intent to arouse or gratify the sexual desire of the actor or the child.
1348          (3) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection
1349     (3)(b).
1350          (b) Lewdness involving a child is a third degree felony if at the time of the violation:
1351          (i) the person is a sex offender as defined in Section 77-27-21.7; [or]
1352          (ii) the person has previously been convicted of a violation of this section[.];
1353          (iii) the person commits the offense of lewdness involving a child while also
1354     committing the offense of:
1355          (A) criminal trespass in a sex-designated changing room under Subsection
1356     76-6-206(2)(d);
1357          (B) lewdness under Section 76-9-702;
1358          (C) voyeurism under Section 76-9-702.7; or

1359          (D) loitering in a privacy space under Section 76-9-702.8; or
1360          (iv) the person commits the offense of lewdness involving a child in a sex-designated
1361     privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the
1362     actor's sex.
1363          (4) (a) The common area of a privacy space constitutes a public place or circumstance
1364     described in Subsection (1) where an act or an attempted act described in Subsection (1)
1365     constitutes lewdness involving a child.
1366          (b) Within the common area of a government entity's dressing room, fitting room,
1367     locker room, changing facility, or any other space designated for multiple individuals to dress
1368     or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that
1369     does not correspond with the sex designation of the changing room constitutes an act or an
1370     attempted act described in Subsection (1) that constitutes lewdness involving a child.
1371          Section 22. Section 76-9-702.7 is amended to read:
1372          76-9-702.7. Voyeurism offenses -- Penalties.
1373          (1) A person is guilty of voyeurism who intentionally uses any type of technology to
1374     secretly or surreptitiously record, by video, photograph, or other means, an individual:
1375          (a) for the purpose of viewing any portion of the individual's body regarding which the
1376     individual has a reasonable expectation of privacy, whether or not that portion of the body is
1377     covered with clothing;
1378          (b) without the knowledge or consent of the individual; and
1379          (c) under circumstances in which the individual has a reasonable expectation of
1380     privacy.
1381          (2) (a) [A] Except as provided in Subsection (2)(b), a violation of Subsection (1) is a
1382     class A misdemeanor[, except that].
1383          (b) The following is a third degree felony:
1384          (i) a violation of Subsection (1) committed against a child under 14 years of age [is a
1385     third degree felony.];
1386          (ii) a violation of Subsection (1) committed while also committing the offense of:
1387          (A) criminal trespass in a sex-designated changing room under Subsection
1388     76-6-206(2)(d);
1389          (B) lewdness under Section 76-9-702;

1390          (C) lewdness involving a child under Section 76-9-702.5; or
1391          (D) loitering in a privacy space under Section 76-9-702.8; or
1392          (iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in
1393     Section 76-9-702.8, that is not designated for individuals of the actor's sex.
1394          (3) Distribution or sale of any images, including in print, electronic, magnetic, or
1395     digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
1396     third degree felony, except that if the violation of this Subsection (3) includes images of a child
1397     under 14 years of age, the violation is a second degree felony.
1398          (4) A person is guilty of voyeurism who, under circumstances not amounting to a
1399     violation of Subsection (1), views or attempts to view an individual, with or without the use of
1400     any instrumentality:
1401          (a) with the intent of viewing any portion of the individual's body regarding which the
1402     individual has a reasonable expectation of privacy, whether or not that portion of the body is
1403     covered with clothing;
1404          (b) without the knowledge or consent of the individual; and
1405          (c) under circumstances in which the individual has a reasonable expectation of
1406     privacy.
1407          (5) (a) [A] Except as provided in Subsection (5)(b), a violation of Subsection (4) is a
1408     class B misdemeanor[, except that].
1409          (b) The following is a class A misdemeanor:
1410          (i) a violation of Subsection (4) committed against a child under 14 years of age is a
1411     class A misdemeanor[.];
1412          (ii) a violation of Subsection (4) committed while also committing the offense of:
1413          (A) criminal trespass in a sex-designated changing room under Subsection
1414     76-6-206(2)(d);
1415          (B) lewdness under Section 76-9-702;
1416          (C) lewdness involving a child under Section 76-9-702.5; or
1417          (D) loitering in a privacy space; or
1418          (iii) a violation of Subsection (4) committed in a sex-designated privacy space, as
1419     defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.
1420          (6) For purposes of this section, an individual has a reasonable expectation of privacy

1421     within a public restroom.
1422          Section 23. Section 76-9-702.8 is enacted to read:
1423          76-9-702.8. Loitering in a privacy space.
1424          (1) As used in this section:
1425          (a) "Privacy space" means the following in which an individual has a reasonable
1426     expectation of privacy:
1427          (i) a restroom or any other space that includes a toilet;
1428          (ii) a dressing room, fitting room, locker room, changing facility, or any other space
1429     designated for multiple individuals to dress or undress within the same space; or
1430          (iii) any room or space that includes a shower.
1431          (b) "Sex-designated" means that a facility, program, or event is designated specifically
1432     for males or females and not the opposite sex.
1433          (2) An actor commits the offense of unlawfully loitering in a privacy space if the actor
1434     intentionally or knowingly remains unlawfully or loiters in a privacy space.
1435          (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
1436     B misdemeanor.
1437          (b) A violation of Subsection (4) is a class A misdemeanor if the actor commits the
1438     offense:
1439          (i) while also committing the offense of:
1440          (A) criminal trespass in a sex-designated changing room under Subsection
1441     76-6-206(2)(d);
1442          (B) lewdness under Section 76-9-702;
1443          (C) lewdness involving a child under Section 76-9-702.5; or
1444          (D) voyeurism under Section 76-9-702.7; or
1445          (ii) in a sex-designated privacy space that is not designated for individuals of the actor's
1446     sex.
1447          Section 24. Effective date.
1448          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1449     elected to each house, this bill takes effect upon approval by the governor, or the day following
1450     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1451     signature, or in the case of a veto, the date of veto override.

1452          (2) The actions affecting the following sections take effect on May 1, 2024:
1453          (a) Section 63G-31-401;
1454          (b) Section 67-3-1; and
1455          (c) Section 67-5-1.