Utah § 63G-31-304 Government entity facility compliance.

Utah Statutes

§ 63G-31-304 — Government entity facility compliance.

Utah·Title 63G General Government·Ch. 63G-31 Distinctions on the Basis of Sex·Part 63G-31-3 Sex-based Distinctions in Privacy Spaces

(1)Except as provided under Section 53G-8-211, a government entity shall contact law enforcement if the entity receives a complaint or allegation regarding the following within a privacy space in a facility that is open to the general public:

(1)(a) an offense of lewdness as described in Section 76-5-419;

(1)(b) an offense of lewdness involving a child as described in Section 76-5-420;

(1)(c) voyeurism as described in Section 76-12-306;

(1)(d) recorded or photographed voyeurism as described in Section 76-12-307;

(1)(e) distribution of images obtained through voyeurism as described in Section 76-12-308;

(1)(f) loitering in a privacy space as described in Section 76-12-309; or

(1)(g) for a changing room described in Section 63G-31-302, an offense of criminal trespass under Subsection 63G-31

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(1) Except as provided under Section 53G-8-211, a government entity shall contact law enforcement if the entity receives a complaint or allegation regarding the following within a privacy space in a facility that is open to the general public:
(1)(a) an offense of lewdness as described in Section 76-5-419;
(1)(b) an offense of lewdness involving a child as described in Section 76-5-420;
(1)(c) voyeurism as described in Section 76-12-306;
(1)(d) recorded or photographed voyeurism as described in Section 76-12-307;
(1)(e) distribution of images obtained through voyeurism as described in Section 76-12-308;
(1)(f) loitering in a privacy space as described in Section 76-12-309; or
(1)(g) for a changing room described in Section 63G-31-302, an offense of criminal trespass under Subsection 63G-31-302(2).
(2) To preserve the individual privacy of males and females in privacy spaces:
(2)(a) a government entity that has administrative control over access to a given facility with a privacy space that is open to the general public shall adopt a privacy compliance plan to address compliance with the government entity's duties under this chapter;
(2)(b) for construction of a new facility with a privacy space that is open to the general public, the government entity that has authority over construction or remodeling of the facility shall ensure that the new construction includes a single-occupant facility; and
(2)(c) for existing privacy spaces, the government entity that has authority over construction or remodeling of the facility that contains the privacy space:
(2)(c)(i) shall consider the feasibility of retrofitting or remodeling to include:
(2)(c)(i)(A) floor-to-ceiling walls and doors or similar privacy protections;
(2)(c)(i)(B) curtains; or
(2)(c)(i)(C) other methods of improving individual privacy within the facility that are comparable to the methods described in Subsections (2)(a)(i) and (ii); and
(2)(c)(ii) may reduce the number of fixtures that state law requires by up to 20% to provide adequate space for the retrofitting or remodeling described in Subsection (2)(a).
(3) The government entity with authority regarding the design of a facility with a privacy space that is open to the general public shall ensure sufficient sex-designated privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.