Current through the 2024 Fourth Special Session
Section 63G-31-304 - Government entity facility compliance(1) Except as provided under Section 53G-8-211, a government entity shall contact law enforcement if the entity receives a complaint or allegation regarding the following within a privacy space in a facility that is open to the general public:(a) an offense of lewdness under Section 76-9-702;(b) an offense of lewdness involving a child under Section 76-9-702.5;(c) voyeurism under Section 76-9-702.7;(d) loitering in a privacy space under Section 76-9-702.8; or(e) for a changing room described in Section 63G-31-302, an offense of criminal trespass under Subsection 63G-31-302(2).(2) To preserve the individual privacy of males and females in privacy spaces: (a) a government entity shall adopt a privacy compliance plan to address compliance with the government entity's duties under this chapter;(b) for construction of a new facility, a government entity shall ensure that the new construction includes a single-occupant facility; and(c) for existing privacy spaces, a government entity: (i) shall consider the feasibility of retrofitting or remodeling to include:(A) floor-to-ceiling walls and doors or similar privacy protections;(C) other methods of improving individual privacy within the facility that are comparable to the methods described in Subsections (2)(a)(i) and (ii); and(ii) may reduce the number of fixtures that state law requires by up to 20% to provide adequate space for the retrofitting or remodeling described in Subsection (2)(a).(3) A government entity shall ensure sufficient sex-designated privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities.Added by Chapter 2, 2024 General Session ,§ 12, eff. 1/30/2024.