Text of UT HB 257 (2024)

H.B. 257 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M. Curtis 6 6 01-11-24 1:25 PM 6 H.B. 257 1 SEX-BASED DESIGNATIONS FOR PRIVACY, 2 ANTI-BULLYING, AND 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 and publicly funded circumstances; 19 < establishes acceptable and prohibited distinctions on the basis of sex; 20 < enacts provisions regarding publicly owned or publicly funded sex-designated 21 restroom, shower, or locker room facilities where the general public has an 22 expectation of privacy; 23 < requires local education agencies to establish a privacy plan with parents and 24 students in certain cases to address gender identity and fear of bullying; 25 < establishes components of the crimes of voyeurism and criminal trespass for certain 26 actions within a covered sex-designated facility; 27 < requires government entities to: *HB0257* H.B. 257 01-11-24 1:25 PM - 2 - 28 C provide a certain number of single-occupant restroom and locker room facilities 29 in new construction; and 30 C study the feasibility of certain retrofit or remodel projects; 31 < requires the attorney general to investigate violations of and enforce protections for 32 standards regarding distinctions on the basis of sex; 33 < establishes elements of the crime of emergency reporting abuse for making repeated 34 false reports alleging a violation of a sex-designation in a publicly owned or 35 publicly funded restroom, shower, or locker room facility where the general public 36 has an expectation of privacy; and 37 < makes technical and conforming changes. 38 Money Appropriated in this Bill: 39 None 40 Other Special Clauses: 41 This bill provides a special effective date. 42 Utah Code Sections Affected: 43 AMENDS: 44 53G-6-1101, as enacted by Laws of Utah 2022, Chapter 398 45 53G-8-211, as last amended by Laws of Utah 2023, Chapter 161 46 67-5-1, as last amended by Laws of Utah 2023, Chapter 330 47 68-3-12.5, as last amended by Laws of Utah 2021, Chapter 93 48 76-6-206, as last amended by Laws of Utah 2023, Chapter 111 49 76-9-202, as last amended by Laws of Utah 2022, Chapter 161 50 ENACTS: 51 63G-31-101, Utah Code Annotated 1953 52 63G-31-201, Utah Code Annotated 1953 53 63G-31-202, Utah Code Annotated 1953 54 63G-31-203, Utah Code Annotated 1953 55 63G-31-204, Utah Code Annotated 1953 56 63G-31-301, Utah Code Annotated 1953 57 63G-31-302, Utah Code Annotated 1953 58 63G-31-303, Utah Code Annotated 1953 01-11-24 1:25 PM H.B. 257 - 3 - 59 63G-31-304, Utah Code Annotated 1953 60 63G-31-401, Utah Code Annotated 1953 61 62 Be it enacted by the Legislature of the state of Utah: 63 Section 1. Section 53G-6-1101 is amended to read: 64 53G-6-1101. Report -- Action plan. 65 (1) As used in this section: 66 (a) "Gender-designated interscholastic sport" means a sport that is specifically 67 designated for female or male students. 68 (b) "Interscholastic sport" means an activity in which a student represents the student's 69 school in the sport in competition against another school. 70 (c) "School" means a public school that sponsors or offers an interscholastic sport in 71 which students enrolled at the school may participate. 72 (d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 73 1681 et seq. 74 (2) Before the beginning of each academic year, the athletic director or another 75 administrator of each school shall report to the school's local governing board regarding: 76 (a) the number and type of interscholastic sports available at the school, categorized by 77 gender designation; 78 (b) the number of students competing in a gender-designated interscholastic sport at the 79 school, categorized by gender; 80 (c) the amount of spending that the school devotes to each gender-designated sport, 81 reported in total amount and on a per-student basis; 82 (d) a comparison and evaluation of designated practice and game locations in 83 gender-designated interscholastic sports; 84 (e) any information regarding the school's efforts in compliance with Title 63G, 85 Chapter 31, Part 2, Distinctions on the Basis of Sex, and Title IX [compliance]; and 86 (f) if there is a discrepancy between male-designated and female-designated sports of 87 10% or greater, an action plan that the school develops to address the discrepancy. 88 (3) An LEA governing board that receives the report described in Subsection (2) shall 89 review the report in a public board meeting. H.B. 257 01-11-24 1:25 PM - 4 - 90 Section 2. Section 53G-8-211 is amended to read: 91 53G-8-211. Responses to school-based behavior. 92 (1) As used in this section: 93 (a) "Evidence-based" means a program or practice that has: 94 (i) had multiple randomized control studies or a meta-analysis demonstrating that the 95 program or practice is effective for a specific population; 96 (ii) been rated as effective by a standardized program evaluation tool; or 97 (iii) been approved by the state board. 98 (b) "Habitual truant" means a school-age child who: 99 (i) is in grade 7 or above, unless the school-age child is under 12 years old; 100 (ii) is subject to the requirements of Section 53G-6-202; and 101 (iii) (A) is truant at least 10 times during one school year; or 102 (B) fails to cooperate with efforts on the part of school authorities to resolve the 103 school-age child's attendance problem as required under Section 53G-6-206. 104 (c) "Minor" means the same as that term is defined in Section 80-1-102. 105 (d) "Mobile crisis outreach team" means the same as that term is defined in Section 106 62A-15-102. 107 (e) "Prosecuting attorney" means the same as that term is defined in Subsections 108 80-1-102(65)(b) and (c). 109 (f) "Restorative justice program" means a school-based program or a program used or 110 adopted by a local education agency that is designed: 111 (i) to enhance school safety, reduce school suspensions, and limit referrals to law 112 enforcement agencies and courts; and 113 (ii) to help minors take responsibility for and repair harmful behavior that occurs in 114 school. 115 (g) "School administrator" means a principal of a school. 116 (h) "School is in session" means a day during which the school conducts instruction for 117 which student attendance is counted toward calculating average daily membership. 118 (i) "School resource officer" means a law enforcement officer, as defined in Section 119 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts 120 with a local education agency to provide law enforcement services for the local education 01-11-24 1:25 PM H.B. 257 - 5 - 121 agency. 122 (j) "School-age child" means the same as that term is defined in Section 53G-6-201. 123 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp, 124 clinic, or other event or activity that is authorized by a specific local education agency or public 125 school, according to LEA governing board policy, and satisfies at least one of the following 126 conditions: 127 (A) the activity is managed or supervised by a local education agency or public school, 128 or local education agency or public school employee; 129 (B) the activity uses the local education agency's or public school's facilities, 130 equipment, or other school resources; or 131 (C) the activity is supported or subsidized, more than inconsequentially, by public 132 funds, including the public school's activity funds or Minimum School Program dollars. 133 (ii) "School-sponsored activity" includes preparation for and involvement in a public 134 performance, contest, athletic competition, demonstration, display, or club activity. 135 (l) (i) "Status offense" means an offense that would not be an offense but for the age of 136 the offender. 137 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or 138 felony. 139 (2) This section applies to a minor enrolled in school who is alleged to have committed 140 an offense on school property where the student is enrolled: 141 (a) when school is in session; or 142 (b) during a school-sponsored activity. 143 (3) If a minor is alleged to have committed an offense on school property that is a class 144 C misdemeanor, an infraction, or a status offense, the school administrator, the school 145 administrator's designee, or a school resource officer may refer the minor: 146 (a) to an evidence-based alternative intervention, including: 147 (i) a mobile crisis outreach team; 148 (ii) a youth services center, as defined in Section 80-5-102; 149 (iii) a youth court or comparable restorative justice program; 150 (iv) an evidence-based alternative intervention created and developed by the school or 151 school district; H.B. 257 01-11-24 1:25 PM - 6 - 152 (v) an evidence-based alternative intervention that is jointly created and developed by a 153 local education agency, the state board, the juvenile court, local counties and municipalities, 154 the Department of Health and Human Services; or 155 (vi) a tobacco cessation or education program if the offense is a violation of Section 156 76-10-105; or 157 (b) for prevention and early intervention youth services, as described in Section 158 80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an 159 evidence-based alternative intervention described in Subsection (3)(a). 160 (4) Except as provided in Subsection (5), if a minor is alleged to have committed an 161 offense on school property that is a class C misdemeanor, an infraction, or a status offense, a 162 school administrator, the school administrator's designee, or a school resource officer may refer 163 a minor to a law enforcement officer or agency or a court only if: 164 (a) the minor allegedly committed the same offense on school property on two previous 165 occasions; and 166 (b) the minor was referred to an evidence-based alternative intervention, or to 167 prevention or early intervention youth services, as described in Subsection (3) for both of the 168 two previous offenses. 169 (5) If a minor is alleged to have committed a traffic offense that is an infraction, a 170 school administrator, the school administrator's designee, or a school resource officer may refer 171 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the 172 traffic offense. 173 (6) Notwithstanding Subsection (4), a school resource officer may: 174 (a) investigate possible criminal offenses and conduct, including conducting probable 175 cause searches; 176 (b) consult with school administration about the conduct of a minor enrolled in a 177 school; 178 (c) transport a minor enrolled in a school to a location if the location is permitted by 179 law; 180 (d) take temporary custody of a minor in accordance with Section 80-6-201; or 181 (e) protect the safety of students and the school community, including the use of 182 reasonable and necessary physical force when appropriate based on the totality of the 01-11-24 1:25 PM H.B. 257 - 7 - 183 circumstances. 184 (7) (a) If a minor is referred to a court or a law enforcement officer or agency under 185 Subsection (4), the school or the school district shall appoint a school representative to 186 continue to engage with the minor and the minor's family through the court process. 187 (b) A school representative appointed under Subsection (7)(a) may not be a school 188 resource officer. 189 (c) A school district or school shall include the following in the school district's or 190 school's referral to the court or the law enforcement officer or agency: 191 (i) attendance records for the minor; 192 (ii) a report of evidence-based alternative interventions used by the school before the 193 referral, including outcomes; 194 (iii) the name and contact information of the school representative assigned to actively 195 participate in the court process with the minor and the minor's family; 196 (iv) if the minor was referred to prevention or early intervention youth services under 197 Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the 198 minor's failure to complete or participate in prevention and early intervention youth services 199 under Subsection (3)(b); and 200 (v) any other information that the school district or school considers relevant. 201 (d) A minor referred to a court under Subsection (4) may not be ordered to or placed in 202 secure detention, including for a contempt charge or violation of a valid court order under 203 Section 78A-6-353, when the underlying offense is a status offense or infraction. 204 (e) If a minor is referred to a court under Subsection (4), the court may use, when 205 available, the resources of the Division of Juvenile Justice Services or the Division of 206 Substance Abuse and Mental Health to address the minor. 207 (8) If a minor is alleged to have committed an offense on school property that is a class 208 B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's 209 designee, or a school resource officer may refer the minor directly to a court or to the 210 evidence-based alternative interventions in Subsection (3)(a). 211 (9) A school administrator, a school administrator's designee, and a school resource 212 officer retain the discretion described under this section if the offense is a violation of Section 213 63G-31-201. H.B. 257 01-11-24 1:25 PM - 8 - 214 Section 3. Section 63G-31-101 is enacted to read: 215 CHAPTER 31. DISTINCTIONS ON THE BASIS OF SEX 216 Part 1. General Provisions 217 63G-31-101. Definitions. 218 (1) (a) "Facility" means a publicly funded or publicly owned building, structure, or 219 other improvement. 220 (b) "Facility" includes a subset of a publicly funded or publicly owned building, 221 structure, or other improvement, including a restroom or locker room. 222 (2) "Government entity" means: 223 (a) the state; or 224 (b) any county, municipality, special district, special service district, or other political 225 subdivision or administrative unit of the state, including: 226 (i) a state institution of higher education as defined in Section 53B-2-101; or 227 (ii) a local education agency as defined in Section 53G-7-401. 228 (3) "Intersex individual" means the same as that term is defined in Section 26B-8-101. 229 (4) "Privacy space" means the following spaces in which an individual has an 230 expectation of privacy within a publicly funded or publicly owned facility: 231 (a) a restroom or any other space that includes a toilet; 232 (b) a locker room, changing facility, or any other space designated for an individual to 233 dress and undress; and 234 (c) any room or space that includes a shower. 235 (5) "Publicly funded or publicly owned" means that: 236 (a) a facility, program, or event operates, at least in part, using funds that a government 237 entity provides for the facility, program, or event; or 238 (b) a government entity has at least a partial ownership interest in a facility, program, 239 or event. 240 (6) "Sex-designated" means that a facility, program, or event is designated specifically 241 for males or females and not the opposite sex. 242 (7) "Single-occupant facility" means a restroom facility or locker room facility: 243 (a) with floor-to-ceiling walls; 244 (b) with an entirely encased and locking door; and 01-11-24 1:25 PM H.B. 257 - 9 - 245 (c) that is designated for single occupancy. 246 (8) "Unisex facility" means a facility that: 247 (a) is designated for the use of both sexes; or 248 (b) is not sex-designated. 249 Section 4. Section 63G-31-201 is enacted to read: 250 Part 2. Distinctions on the Basis of Sex 251 63G-31-201. Distinctions on the basis of sex. 252 (1) A government entity may not, on the basis of sex, exclude an individual from 253 participation in, deny an individual from the benefits of, or subject an individual to a sex-based 254 distinction in or under any government or otherwise publicly funded or publicly owned facility, 255 program, or event, unless the distinction is substantially related to an important government 256 objective. 257 (2) Each government entity shall ensure the preservation of distinctions on the basis of 258 sex that protect individual privacy and competitive opportunity, as described in this chapter. 259 (3) (a) To preserve the individual privacy and competitive opportunity of females, an 260 individual is not entitled to and may not access, use, or benefit from a government or otherwise 261 publicly funded facility, program, or event if: 262 (i) the facility, program, or event is designated for females; and 263 (ii) the individual is not female. 264 (b) To preserve the individual privacy and competitive opportunity of males, an 265 individual is not entitled to and may not access, use, or benefit from a government or otherwise 266 publicly funded facility, program, or event if: 267 (i) the facility, program, or event is designated for males; and 268 (ii) the individual is not male. 269 Section 5. Section 63G-31-202 is enacted to read: 270 63G-31-202. Sex-based distinctions to protect individual privacy. 271 A distinction on the basis of sex that provides separate accommodations for the sexes is 272 substantially related to the important government objective of protecting individual privacy in 273 the following contexts: 274 (1) a privacy space; 275 (2) a temporary shelter for an individual who is a victim of abuse, as defined in Section H.B. 257 01-11-24 1:25 PM - 10 - 276 78B-7-102; 277 (3) a rape crisis and services center as defined in Section 77-38-203; 278 (4) a qualified institutional victim services provider as defined in Section 53B-28-201; 279 and 280 (5) a correctional facility as defined in Section 77-16b-102. 281 Section 6. Section 63G-31-203 is enacted to read: 282 63G-31-203. Sex-based distinctions to protect athletic health and competitive 283 opportunity. 284 A distinction on the basis of sex to provide separate accommodations for the sexes is 285 substantially related to the important government objective of protecting health and 286 competitive opportunity in the availability or quality of an athletic venue, event, or program 287 within the public education system. 288 Section 7. Section 63G-31-204 is enacted to read: 289 63G-31-204. Prohibited sex-based distinctions. 290 The following actions constitute a violation of Section 63G-31-201: 291 (1) providing a sex-designated facility, program, or event of a higher quality to one sex 292 and of a lesser quality to the opposite sex rather than ensuring equivalent quality or rotational 293 sharing, including the use of athletic facilities or venues; 294 (2) providing males or females preferred or more advantageous scheduling of facilities, 295 programs, or events in comparison to the opposite sex rather than ensuring equivalent 296 scheduling practices or rotational sharing, including the scheduling of athletic events or 297 practices; 298 (3) providing males or females with more sex-designated opportunities than the 299 opposite sex in excess of a 10% disparity; 300 (4) requiring males or females to participate or compete against the opposite sex in any 301 sex-designated facility, program, or event; or 302 (5) requiring or knowingly allowing males or females to use a sex-designated facility in 303 the presence of the opposite sex. 304 Section 8. Section 63G-31-301 is enacted to read: 305 Part 3. Sex-based Distinctions in Privacy Spaces 306 63G-31-301. Sex-designated privacy spaces in public schools. 01-11-24 1:25 PM H.B. 257 - 11 - 307 (1) To preserve the individual privacy of male and female students in the public 308 education system, a student may only access an operational sex-designated privacy space 309 within a public school that is designated for student use if the student's sex corresponds with 310 the sex designation of the privacy space. 311 (2) For a student who makes a request to use a privacy space other than the 312 corresponding sex-designated privacy space described in Subsection (1) because of the 313 student's gender identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the 314 local education agency, as defined in Section 53E-1-102, shall coordinate with the student's 315 parent or legal guardian to develop a privacy plan that provides the student with: 316 (a) (i) reasonable access to a unisex or single-occupant facility; or 317 (ii) reasonable access to a faculty or staff restroom; or 318 (b) if the access described in Subsection (2)(a) is unavailable, reasonable access to 319 private use of an otherwise sex-designated privacy space through staggered scheduling or 320 another policy provision that provides for temporary private access. 321 (3) A student in a privacy space has a reasonable expectation of privacy, satisfying the 322 privacy element of the offense of voyeurism in Section 76-9-702.7. 323 (4) An individual may use the following evidence as a defense to an allegation that the 324 student is not eligible to access and use a sex-designated privacy space under Subsection (1): 325 (a) the student's unamended birth certificate that corresponds with the sex designation 326 of privacy space, which may be supported with a review of any amendment history obtained 327 under Section 26B-8-125; or 328 (b) documentation of a medical treatment or procedure that is consistent only with the 329 sex designation of the privacy space. 330 (5) Subsection (1) does not apply to: 331 (a) a unisex or single-occupant facility; or 332 (b) an intersex individual. 333 Section 9. Section 63G-31-302 is enacted to read: 334 63G-31-302. Sex-designated privacy spaces in publicly owned facilities open to the 335 general public. 336 (1) (a) Except as provided in Subsection (1)(b), to preserve the individual privacy of 337 males and females, an individual may only access an operational sex-designated privacy space H.B. 257 01-11-24 1:25 PM - 12 - 338 in a facility that is open to the general public if: 339 (i) the individual's sex corresponds with the sex designation of the privacy space; or 340 (ii) the individual has: 341 (A) legally amended the individual's birth certificate to correspond with the sex 342 designation of the privacy space, which may be supported with a review of any amendment 343 history obtained under Section 26B-8-125; and 344 (B) undergone a primary sex characteristic surgical procedure as defined in Section 345 58-67-102 to correspond with the sex designation of the privacy space. 346 (b) Subsection (1)(a) does not apply to: 347 (i) a parent, guardian, or relative of a minor child requiring assistance to access or use 348 the privacy space; 349 (ii) a caretaker of a dependent minor, as defined in Section 76-5-110, or a dependent 350 adult, as defined in Section 76-5-111; 351 (iii) an individual providing public safety services, including law enforcement, 352 emergency medical services as defined in Section 26B-4-101, and fire protection; 353 (iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide 354 health care services to a patient of the health care facility; or 355 (v) an individual whose employment duties include the maintenance or cleaning of the 356 privacy space. 357 (2) An individual in a privacy space has a reasonable expectation of privacy, satisfying 358 the privacy element of the offense of voyeurism in Section 76-9-702.7. 359 (3) An individual who enters a privacy space in violation of Subsection (1) commits 360 the offense of criminal trespass under Section 76-6-206 if the individual: 361 (a) under circumstances which the person should know will likely cause affront or 362 alarm to, on, or in the presence of another individual; or 363 (b) for any purpose other than the intended use of the privacy space. 364 (4) An individual may use the following evidence as a defense against an allegation 365 that the individual is not eligible to access and use a sex-designated privacy space under 366 Subsection (1): 367 (a) for an individual whose birth sex corresponds with the sex designation of the 368 privacy space: 01-11-24 1:25 PM H.B. 257 - 13 - 369 (i) an individual's unamended birth certificate that corresponds with the sex 370 designation of the privacy space, which may be supported with a review of any amendment 371 history obtained under Section 26B-8-125; or 372 (ii) documentation of a medical treatment or procedure that is consistent only with the 373 sex designation of the privacy space; or 374 (b) for an individual whose birth sex does not correspond with the sex designation of 375 the privacy space: 376 (i) the individual's amended birth certificate, which may be supported with a review of 377 any amendment history obtained under Section 26B-8-125; and 378 (ii) documentation that demonstrates that the individual has undergone a primary sex 379 characteristic surgical procedure as defined in Section 58-67-102. 380 (5) Subsection (1) does not apply to: 381 (a) a unisex or single-occupant facility; 382 (b) a privacy space that is not open to the general public; or 383 (c) an intersex individual. 384 Section 10. Section 63G-31-303 is enacted to read: 385 63G-31-303. Unisex or single-occupant facilities. 386 The availability of a unisex facility or single-occupant facility constitutes a reasonable 387 accommodation for an individual who is uncomfortable using a privacy space in accordance 388 with Section 63G-31-301 or 63G-31-302 because of the individual's gender identity, as defined 389 in Section 34A-5-102, or reasonable fear of bullying. 390 Section 11. Section 63G-31-304 is enacted to read: 391 63G-31-304. Facility compliance. 392 To preserve the individual privacy of males and females in privacy spaces: 393 (1) for a new construction of a sex-designated privacy space, a government entity shall 394 ensure that an adequate percentage of all toilets and showers are single-occupant facilities; 395 (2) for existing privacy spaces, a government entity: 396 (a) shall study the feasibility of retrofitting or remodeling to include: 397 (i) floor-to-ceiling walls and doors or similar privacy protections; 398 (ii) curtains; or 399 (iii) other methods of improving individual privacy within the facility that are H.B. 257 01-11-24 1:25 PM - 14 - 400 comparable to the methods described in Subsections (2)(a)(i) and (ii); and 401 (b) may reduce the number of fixtures that state law requires by up to 20% to provide 402 adequate space for the retrofitting or remodeling described in Subsection (2)(a); and 403 (3) a government entity shall ensure sufficient sex-designated privacy spaces through 404 compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities. 405 Section 12. Section 63G-31-401 is enacted to read: 406 Part 4. Enforcement Against Government Entities 407 63G-31-401. Enforcement. 408 (1) The attorney general may enforce this chapter against any government entity in 409 violation of this chapter by imposing a fine of up to $10,000 per violation per day. 410 (2) The attorney general shall deposit fines under Subsection (1) into the General Fund. 411 Section 13. Section 67-5-1 is amended to read: 412 67-5-1. General duties. 413 (1) The attorney general shall: 414 (a) perform all duties in a manner consistent with the attorney-client relationship under 415 Section 67-5-17; 416 (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court 417 and the Court of Appeals of this state, and all courts of the United States, and prosecute or 418 defend all causes to which the state or any officer, board, or commission of the state in an 419 official capacity is a party, and take charge, as attorney, of all civil legal matters in which the 420 state is interested; 421 (c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of 422 process as necessary to execute the judgment; 423 (d) account for, and pay over to the proper officer, all money that comes into the 424 attorney general's possession that belongs to the state; 425 (e) keep a file of all cases in which the attorney general is required to appear, including 426 any documents and papers showing the court in which the cases have been instituted and tried, 427 and whether they are civil or criminal, and: 428 (i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to 429 judgment, a memorandum of the judgment and of any process issued if satisfied, and if not 430 satisfied, documentation of the return of the sheriff; 01-11-24 1:25 PM H.B. 257 - 15 - 431 (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of 432 proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the 433 execution, if the sentence has been executed, and, if not executed, the reason for the delay or 434 prevention; and 435 (iii) deliver this information to the attorney general's successor in office; 436 (f) exercise supervisory powers over the district and county attorneys of the state in all 437 matters pertaining to the duties of the district and county attorneys' offices, including the 438 authority described in Subsection (2); 439 (g) give the attorney general's opinion in writing and without fee, when required, upon 440 any question of law relating to the office of the requester: 441 (i) in accordance with Section 67-5-1.1, to the Legislature or either house; 442 (ii) to any state officer, board, or commission; and 443 (iii) to any county attorney or district attorney; 444 (h) when required by the public service or directed by the governor, assist any county, 445 district, or city attorney in the discharge of county, district, or city attorney's duties; 446 (i) purchase in the name of the state, under the direction of the state Board of 447 Examiners, any property offered for sale under execution issued upon judgments in favor of or 448 for the use of the state, and enter satisfaction in whole or in part of the judgments as the 449 consideration of the purchases; 450 (j) when the property of a judgment debtor in any judgment mentioned in Subsection 451 (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance 452 taking precedence of the judgment in favor of the state, redeem the property, under the 453 direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and 454 pay all money necessary for the redemption, upon the order of the state Board of Examiners, 455 out of any money appropriated for these purposes; 456 (k) when in the attorney general's opinion it is necessary for the collection or 457 enforcement of any judgment, institute and prosecute on behalf of the state any action or 458 proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment 459 debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of 460 Examiners, out of any money not otherwise appropriated; 461 (l) discharge the duties of a member of all official boards of which the attorney general H.B. 257 01-11-24 1:25 PM - 16 - 462 is or may be made a member by the Utah Constitution or by the laws of the state, and other 463 duties prescribed by law; 464 (m) institute and prosecute proper proceedings in any court of the state or of the United 465 States to restrain and enjoin corporations organized under the laws of this or any other state or 466 territory from acting illegally or in excess of their corporate powers or contrary to public 467 policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and 468 wind up their affairs; 469 (n) institute investigations for the recovery of all real or personal property that may 470 have escheated or should escheat to the state, and for that purpose, subpoena any persons 471 before any of the district courts to answer inquiries and render accounts concerning any 472 property, examine all books and papers of any corporations, and when any real or personal 473 property is discovered that should escheat to the state, institute suit in the district court of the 474 county where the property is situated for its recovery, and escheat that property to the state; 475 (o) administer the Children's Justice Center as a program to be implemented in various 476 counties pursuant to Sections 67-5b-101 through 67-5b-107; 477 (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a, 478 Constitutional and Federalism Defense Act; 479 (q) pursue any appropriate legal action to implement the state's public lands policy 480 established in Section 63C-4a-103; 481 (r) investigate and prosecute violations of all applicable state laws relating to fraud in 482 connection with the state Medicaid program and any other medical assistance program 483 administered by the state, including violations of Title 26B, Chapter 3, Part 11, Utah False 484 Claims Act; 485 (s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients: 486 (i) in health care facilities that receive payments under the state Medicaid program; 487 (ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C. 488 Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and 489 (iii) who are receiving medical assistance under the Medicaid program as defined in 490 Section 26B-3-101 in a noninstitutional or other setting; 491 (t) (i) report at least twice per year to the Legislative Management Committee on any 492 pending or anticipated lawsuits, other than eminent domain lawsuits, that might: 01-11-24 1:25 PM H.B. 257 - 17 - 493 (A) cost the state more than $500,000; or 494 (B) require the state to take legally binding action that would cost more than $500,000 495 to implement; and 496 (ii) if the meeting is closed, include an estimate of the state's potential financial or 497 other legal exposure in that report; 498 (u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that 499 summarizes any lawsuit or decision in which a court or the Office of the Attorney General has 500 determined that a state statute is unconstitutional or unenforceable since the attorney general's 501 last report under this Subsection (1)(u), including any: 502 (A) settlements reached; 503 (B) consent decrees entered; 504 (C) judgments issued; 505 (D) preliminary injunctions issued; 506 (E) temporary restraining orders issued; or 507 (F) formal or informal policies of the Office of the Attorney General to not enforce a 508 law; and 509 (ii) at least 30 days before the Legislature's May and November interim meetings, 510 submit the report described in Subsection (1)(u)(i) to: 511 (A) the Legislative Management Committee; 512 (B) the Judiciary Interim Committee; and 513 (C) the Law Enforcement and Criminal Justice Interim Committee; 514 (v) if the attorney general operates the Office of the Attorney General or any portion of 515 the Office of the Attorney General as an internal service fund agency in accordance with 516 Section 67-5-4, submit to the rate committee established in Section 67-5-34: 517 (i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and 518 (ii) any other information or analysis requested by the rate committee; 519 (w) before the end of each calendar year, create an annual performance report for the 520 Office of the Attorney General and post the report on the attorney general's website; 521 (x) ensure that any training required under this chapter complies with Title 63G, 522 Chapter 22, State Training and Certification Requirements; 523 (y) notify the legislative general counsel in writing within three business days after the H.B. 257 01-11-24 1:25 PM - 18 - 524 day on which the attorney general is officially notified of a claim, regardless of whether the 525 claim is filed in state or federal court, that challenges: 526 (i) the constitutionality of a state statute; 527 (ii) the validity of legislation; or 528 (iii) any action of the Legislature; [and] 529 (z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a 530 special advisor to the Office of the Governor and the Office of the Attorney General in matters 531 relating to Native American and tribal issues to: 532 (A) establish outreach to the tribes and affected counties and communities; and 533 (B) foster better relations and a cooperative framework; and 534 (ii) annually report to the Executive Offices and Criminal Justice Appropriations 535 Subcommittee regarding: 536 (A) the status of the work of the special advisor described in Subsection (1)(z)(i); and 537 (B) whether the need remains for the ongoing appropriation to fund the special advisor 538 described in Subsection (1)(z)(i)[.]; and 539 (aa) ensure compliance with Title 63, Chapter 31, Distinctions on the Basis of Sex, 540 including by: 541 (i) establishing a process to receive and investigate alleged violations; 542 (ii) enforcing statutory protections as described in Section 63G-31-401; and 543 (iii) reporting to the Legislative Management Committee upon request regarding the 544 attorney general's enforcement under this Subsection (1)(aa). 545 (2) (a) The attorney general may require a district attorney or county attorney of the 546 state to, upon request, report on the status of public business entrusted to the district or county 547 attorney's charge. 548 (b) The attorney general may review investigation results de novo and file criminal 549 charges, if warranted, in any case involving a first degree felony, if: 550 (i) a law enforcement agency submits investigation results to the county attorney or 551 district attorney of the jurisdiction where the incident occurred and the county attorney or 552 district attorney: 553 (A) declines to file criminal charges; or 554 (B) fails to screen the case for criminal charges within six months after the law 01-11-24 1:25 PM H.B. 257 - 19 - 555 enforcement agency's submission of the investigation results; and 556 (ii) after consultation with the county attorney or district attorney of the jurisdiction 557 where the incident occurred, the attorney general reasonably believes action by the attorney 558 general would not interfere with an ongoing investigation or prosecution by the county attorney 559 or district attorney of the jurisdiction where the incident occurred. 560 (c) If the attorney general decides to conduct a review under Subsection (2)(b), the 561 district attorney, county attorney, and law enforcement agency shall, within 14 days after the 562 day on which the attorney general makes a request, provide the attorney general with: 563 (i) all information relating to the investigation, including all reports, witness lists, 564 witness statements, and other documents created or collected in relation to the investigation; 565 (ii) all recordings, photographs, and other physical or digital media created or collected 566 in relation to the investigation; 567 (iii) access to all evidence gathered or collected in relation to the investigation; and 568 (iv) the identification of, and access to, all officers or other persons who have 569 information relating to the investigation. 570 (d) If a district attorney, county attorney, or law enforcement agency fails to timely 571 comply with Subsection (2)(c), the attorney general may seek a court order compelling 572 compliance. 573 (e) If the attorney general seeks a court order under Subsection (2)(d), the court shall 574 grant the order unless the district attorney, county attorney, or law enforcement agency shows 575 good cause and a compelling interest for not complying with Subsection (2)(c). 576 Section 14. Section 68-3-12.5 is amended to read: 577 68-3-12.5. Definitions for Utah Code. 578 (1) The definitions listed in this section apply to the Utah Code, unless: 579 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant 580 to the context of the statute; or 581 (b) a different definition is expressly provided for the respective title, chapter, part, 582 section, or subsection. 583 (2) "Adjudicative proceeding" means: 584 (a) an action by a board, commission, department, officer, or other administrative unit 585 of the state that determines the legal rights, duties, privileges, immunities, or other legal H.B. 257 01-11-24 1:25 PM - 20 - 586 interests of one or more identifiable persons, including an action to grant, deny, revoke, 587 suspend, modify, annul, withdraw, or amend an authority, right, or license; and 588 (b) judicial review of an action described in Subsection (2)(a). 589 (3) "Administrator" includes "executor" when the subject matter justifies the use. 590 (4) "Advisory board," "advisory commission," and "advisory council" mean a board, 591 commission, committee, or council that: 592 (a) is created by, and whose duties are provided by, statute or executive order; 593 (b) performs its duties only under the supervision of another person as provided by 594 statute; and 595 (c) provides advice and makes recommendations to another person that makes policy 596 for the benefit of the general public. 597 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, 598 Space Force, and Coast Guard. 599 (6) "City" includes, depending on population, a metro township as defined in Section 600 10-3c-102. 601 (7) "County executive" means: 602 (a) the county commission, in the county commission or expanded county commission 603 form of government established under Title 17, Chapter 52a, Changing Forms of County 604 Government; 605 (b) the county executive, in the county executive-council optional form of government 606 authorized by Section 17-52a-203; or 607 (c) the county manager, in the council-manager optional form of government 608 authorized by Section 17-52a-204. 609 (8) "County legislative body" means: 610 (a) the county commission, in the county commission or expanded county commission 611 form of government established under Title 17, Chapter 52a, Changing Forms of County 612 Government; 613 (b) the county council, in the county executive-council optional form of government 614 authorized by Section 17-52a-203; and 615 (c) the county council, in the council-manager optional form of government authorized 616 by Section 17-52a-204. 01-11-24 1:25 PM H.B. 257 - 21 - 617 (9) "Depose" means to make a written statement made under oath or affirmation. 618 (10) (a) "Equal" means, with respect to biological sex, of the same value. 619 (b) "Equal" does not mean, with respect to biological sex: 620 (i) a characteristic of being the same or identical; or 621 (ii) a requirement that biological sexes be ignored or co-mingled in every circumstance. 622 [(10)] (11) "Executor" includes "administrator" when the subject matter justifies the 623 use. 624 (12) "Father" means a parent of the male sex. 625 (13) "Female" means the characteristic of an individual whose biological reproductive 626 system is of the general type that functions to produce ova. 627 [(11)] (14) "Guardian" includes a person who: 628 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary 629 or court appointment; or 630 (b) is appointed by a court to manage the estate of a minor or incapacitated person. 631 [(12)] (15) "Highway" includes: 632 (a) a public bridge; 633 (b) a county way; 634 (c) a county road; 635 (d) a common road; and 636 (e) a state road. 637 [(13)] (16) "Intellectual disability" means a significant, subaverage general intellectual 638 functioning that: 639 (a) exists concurrently with deficits in adaptive behavior; and 640 (b) is manifested during the developmental period as defined in the current edition of 641 the Diagnostic and Statistical Manual of Mental Disorders, published by the American 642 Psychiatric Association. 643 [(14)] (17) "Intermediate care facility for people with an intellectual disability" means 644 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social 645 Security Act. 646 [(15)] (18) "Land" includes: 647 (a) land; H.B. 257 01-11-24 1:25 PM - 22 - 648 (b) a tenement; 649 (c) a hereditament; 650 (d) a water right; 651 (e) a possessory right; and 652 (f) a claim. 653 (19) "Male" means the characteristic of an individual whose biological reproductive 654 system is of the general type that functions to fertilize the ova of a female. 655 (20) "Man" means an adult human male. 656 [(16)] (21) "Month" means a calendar month, unless otherwise expressed. 657 (22) "Mother" means a parent of the female sex. 658 [(17)] (23) "Oath" includes "affirmation." 659 [(18)] (24) "Person" means: 660 (a) an individual; 661 (b) an association; 662 (c) an institution; 663 (d) a corporation; 664 (e) a company; 665 (f) a trust; 666 (g) a limited liability company; 667 (h) a partnership; 668 (i) a political subdivision; 669 (j) a government office, department, division, bureau, or other body of government; 670 and 671 (k) any other organization or entity. 672 [(19)] (25) "Personal property" includes: 673 (a) money; 674 (b) goods; 675 (c) chattels; 676 (d) effects; 677 (e) evidences of a right in action; 678 (f) a written instrument by which a pecuniary obligation, right, or title to property is 01-11-24 1:25 PM H.B. 257 - 23 - 679 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and 680 (g) a right or interest in an item described in Subsections [(19)(a)] (25)(a) through (f). 681 [(20)] (26) "Personal representative," "executor," and "administrator" include: 682 (a) an executor; 683 (b) an administrator; 684 (c) a successor personal representative; 685 (d) a special administrator; and 686 (e) a person who performs substantially the same function as a person described in 687 Subsections [(20)(a)] (26)(a) through (d) under the law governing the person's status. 688 [(21)] (27) "Policy board," "policy commission," or "policy council" means a board, 689 commission, or council that: 690 (a) is authorized to make policy for the benefit of the general public; 691 (b) is created by, and whose duties are provided by, the constitution or statute; and 692 (c) performs its duties according to its own rules without supervision other than under 693 the general control of another person as provided by statute. 694 [(22)] (28) "Population" is shown by the most recent state or national census, unless 695 expressly provided otherwise. 696 [(23)] (29) "Process" means a writ or summons issued in the course of a judicial 697 proceeding. 698 [(24)] (30) "Property" includes both real and personal property. 699 [(25)] (31) "Real estate" or "real property" includes: 700 (a) land; 701 (b) a tenement; 702 (c) a hereditament; 703 (d) a water right; 704 (e) a possessory right; and 705 (f) a claim. 706 [(26)] (32) "Review board," "review commission," and "review council" mean a board, 707 commission, committee, or council that: 708 (a) is authorized to approve policy made for the benefit of the general public by another 709 body or person; H.B. 257 01-11-24 1:25 PM - 24 - 710 (b) is created by, and whose duties are provided by, statute; and 711 (c) performs its duties according to its own rules without supervision other than under 712 the general control of another person as provided by statute. 713 [(27)] (33) "Road" includes: 714 (a) a public bridge; 715 (b) a county way; 716 (c) a county road; 717 (d) a common road; and 718 (e) a state road. 719 (34) "Sex" means, in relation to an individual, the individual's biological sex, either 720 male or female, at birth, according to distinct reproductive roles as manifested by: 721 (a) sex and reproductive organ anatomy; 722 (b) chromosomal makeup; and 723 (c) endogenous hormone profiles. 724 [(28)] (35) "Signature" includes a name, mark, or sign written with the intent to 725 authenticate an instrument or writing. 726 [(29)] (36) "State," when applied to the different parts of the United States, includes a 727 state, district, or territory of the United States. 728 [(30)] (37) "Swear" includes "affirm." 729 [(31)] (38) "Testify" means to make an oral statement under oath or affirmation. 730 [(32)] (39) "Town" includes, depending on population, a metro township as defined in 731 Section 10-3c-102. 732 [(33)] (40) "Uniformed services" means: 733 (a) the armed forces; 734 (b) the commissioned corps of the National Oceanic and Atmospheric Administration; 735 and 736 (c) the commissioned corps of the United States Public Health Service. 737 [(34)] (41) "United States" includes each state, district, and territory of the United 738 States of America. 739 [(35)] (42) "Utah Code" means the 1953 recodification of the Utah Code, as amended, 740 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it 01-11-24 1:25 PM H.B. 257 - 25 - 741 existed: 742 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or 743 (b) (i) after the day described in Subsection [(35)(a)] (42)(a); and 744 (ii) before the most recent amendment to the referenced portion of the 1953 745 recodification of the Utah Code. 746 [(36)] (43) "Vessel," when used with reference to shipping, includes a steamboat, canal 747 boat, and every structure adapted to be navigated from place to place. 748 [(37)] (44) (a) "Veteran" means an individual who: 749 (i) has served in the United States Armed Forces for at least 180 days: 750 (A) on active duty; or 751 (B) in a reserve component, to include the National Guard; or 752 (ii) has incurred an actual service-related injury or disability while in the United States 753 Armed Forces regardless of whether the individual completed 180 days; and 754 (iii) was separated or retired under conditions characterized as honorable or general. 755 (b) This definition is not intended to confer eligibility for benefits. 756 [(38)] (45) "Will" includes a codicil. 757 (46) "Woman" means an adult human female. 758 [(39)] (47) "Writ" means an order or precept in writing, issued in the name of: 759 (a) the state; 760 (b) a court; or 761 (c) a judicial officer. 762 [(40)] (48) "Writing" includes: 763 (a) printing; 764 (b) handwriting; and 765 (c) information stored in an electronic or other medium if the information is retrievable 766 in a perceivable format. 767 Section 15. Section 76-6-206 is amended to read: 768 76-6-206. Criminal trespass. 769 (1) (a) As used in this section: 770 (i) "Enter" means intrusion of the entire body or the entire unmanned aircraft. 771 (ii) "Graffiti" means the same as that term is defined in Section 76-6-101. H.B. 257 01-11-24 1:25 PM - 26 - 772 (iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means 773 remaining on or over private property when: 774 (A) the private property or any portion of the private property is not open to the public; 775 and 776 (B) the person operating the unmanned aircraft is not otherwise authorized to fly the 777 unmanned aircraft over the private property or any portion of the private property. 778 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section. 779 (2) An actor commits criminal trespass if, under circumstances not amounting to 780 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 781 76-10-2402 regarding commercial obstruction: 782 (a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter 783 and remain unlawfully over property and: 784 (i) intends to cause annoyance or injury to any person or damage to any property, 785 including the use of graffiti; 786 (ii) intends to commit any crime, other than theft or a felony; or 787 (iii) is reckless as to whether the actor's or unmanned aircraft's presence will cause fear 788 for the safety of another; 789 (b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor 790 enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over 791 property to which notice against entering is given by: 792 (i) personal communication to the actor by the owner or someone with apparent 793 authority to act for the owner; 794 (ii) fencing or other enclosure obviously designed to exclude intruders; or 795 (iii) posting of signs reasonably likely to come to the attention of intruders; [or] 796 (c) the actor enters a condominium unit in violation of [Subsection] Section 797 57-8-7(8)[.]; or 798 (d) the actor enters a sex-designated privacy space in violation of Subsection 799 63G-31-302(3). 800 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) [or], 801 (b), or (d) is a class B misdemeanor. 802 (b) If a violation of Subsection (2)(a) or (b) is committed in a dwelling, the violation is 01-11-24 1:25 PM H.B. 257 - 27 - 803 a class A misdemeanor. 804 (c) A violation of Subsection (2)(c) is an infraction. 805 (4) It is a defense to prosecution under this section that: 806 (a) the property was at the time open to the public; and 807 (b) the defendant complied with all lawful conditions imposed on access to or 808 remaining on the property. 809 (5) In addition to an order for restitution under Section 77-38b-205, an actor who 810 commits a violation of Subsection (2) may also be liable for: 811 (a) statutory damages in the amount of three times the value of damages resulting from 812 the violation of Subsection (2) or $500, whichever is greater; and 813 (b) reasonable attorney fees not to exceed $250, and court costs. 814 (6) Civil damages under Subsection (5) may be collected in a separate action by the 815 property owner or the owner's assignee. 816 Section 16. Section 76-9-202 is amended to read: 817 76-9-202. Emergency reporting -- Interference -- False report. 818 (1) As used in this section: 819 (a) "Emergency" means a situation in which property or human life is in jeopardy and 820 the prompt summoning of aid is essential to the preservation of human life or property. 821 (b) "Party line" means a subscriber's line or telephone circuit: 822 (i) that consists of two or more connected main telephone stations; and 823 (ii) where each telephone station has a distinctive ring or telephone number. 824 (2) An actor is guilty of emergency reporting abuse if the actor: 825 (a) intentionally refuses to yield or surrender the use of a party line or a public pay 826 telephone to another individual upon being informed that the telephone is needed to report a 827 fire or summon police, medical, or other aid in case of emergency, unless the telephone is 828 likewise being used for an emergency call; 829 (b) asks for or requests the use of a party line or a public pay telephone on the pretext 830 that an emergency exists, knowing that no emergency exists; 831 (c) reports an emergency or causes an emergency to be reported to any public, private, 832 or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when 833 the actor knows the reported emergency does not exist; [or] H.B. 257 01-11-24 1:25 PM - 28 - 834 (d) makes a false report, or intentionally aids, abets, or causes a third party to make a 835 false report, to an emergency response service, including a law enforcement dispatcher or a 911 836 emergency response service, if the false report claims that: 837 (i) an ongoing emergency exists; 838 (ii) the emergency described in Subsection (2)(d)(i) currently involves, or involves an 839 imminent threat of, serious bodily injury, serious physical injury, or death; and 840 (iii) the emergency described in Subsection (2)(d)(i) is occurring at a specified 841 location[.]; or 842 (e) makes a false report after having previously made a false report, or intentionally 843 aides, abets, or causes a third party to make a false report, to an emergency response service, 844 including a law enforcement dispatcher or a 911 emergency response service, alleging a 845 violation of Section 63G-31-201 regarding a sex-designated restroom facility or locker room 846 facility. 847 (3) (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor. 848 (b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided 849 under Subsection (3)(c). 850 (c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding 851 a weapon of mass destruction, as defined in Section 76-10-401. 852 (d) A violation of Subsection (2)(d): 853 (i) except as provided in Subsection (3)(d)(ii), is a third degree felony; or 854 (ii) is a second degree felony if: 855 (A) while acting in response to the report, the emergency responder causes physical 856 injury to an individual at the location described in Subsection (2)(d)(iii); or 857 (B) the actor makes the false report or aids, abets, or causes a third party to make the 858 false report with intent to ambush, attack, or otherwise harm a responding law enforcement 859 officer or emergency responder. 860 (e) A violation of Subsection (2)(e) is a class B misdemeanor. 861 (4) (a) In addition to any other penalty authorized by law, a court shall order an actor 862 convicted of a violation of this section to reimburse: 863 (i) any federal, state, or local unit of government, or any private business, organization, 864 individual, or entity for all expenses and losses incurred in responding to the violation; and 01-11-24 1:25 PM H.B. 257 - 29 - 865 (ii) an individual described in Subsection (3)(d)(ii) for the costs for the treatment of the 866 physical injury and any psychological injury caused by the offense. 867 (b) The court may order that the defendant pay less than the full amount of the costs 868 described in Subsection (4)(a) only if the court states on the record the reasons why the 869 reimbursement would be inappropriate. 870 Section 17. Effective date. 871 If approved by two-thirds of all the members elected to each house, this bill takes effect 872 upon approval by the governor, or the day following the constitutional time limit of Utah 873 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, 874 the date of veto override.

Enrolled Copy H.B. 257 1 SEX-BASED DESIGNATIONS FOR PRIVACY, 2 ANTI-BULLYING, AND 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 C report allegations of certain criminal offenses to law enforcement; H.B. 257 Enrolled Copy - 2 - 30 C adopt a privacy compliance plan; 31 C provide a single-occupant facility in new construction; and 32 C 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 C committing multiple offenses concurrently within a public restroom, shower, or 41 locker room; and 42 C 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 Enrolled Copy H.B. 257 - 3 - 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: H.B. 257 Enrolled Copy - 4 - 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: Enrolled Copy H.B. 257 - 5 - 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. H.B. 257 Enrolled Copy - 6 - 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; Enrolled Copy H.B. 257 - 7 - 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; H.B. 257 Enrolled Copy - 8 - 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 Enrolled Copy H.B. 257 - 9 - 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 in relation to Title 63G, Chapter 31, 233 Distinctions on the Basis of Sex. 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. H.B. 257 Enrolled Copy - 10 - 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; Enrolled Copy H.B. 257 - 11 - 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 H.B. 257 Enrolled Copy - 12 - 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, 323 including in 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 Enrolled Copy H.B. 257 - 13 - 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, giving official authorization for, or knowingly allowing males or females 349 to use a sex-designated facility in 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 H.B. 257 Enrolled Copy - 14 - 366 another policy provision that provides for temporary private access. 367 (3) An LEA satisfies the LEA's duties regarding student use of a privacy space under 368 this chapter if the LEA: 369 (a) gives notice to students of the provisions of this section; 370 (b) takes administrative action to address violations of and promote compliance with 371 this section; and 372 (c) develops a privacy plan in accordance with Subsection (2). 373 (4) An individual may use the following evidence as a defense to an allegation that the 374 student is not eligible to access and use a sex-designated privacy space under Subsection (1): 375 (a) the student's unamended birth certificate that corresponds with the sex designation 376 of privacy space, which may be supported with a review of any amendment history obtained 377 under Section 26B-8-125; or 378 (b) documentation of a medical treatment or procedure that is consistent only with the 379 sex designation of the privacy space. 380 (5) Subsection (1) does not apply to: 381 (a) a unisex or single-occupant facility; or 382 (b) an intersex individual. 383 Section 10. Section 63G-31-302 is enacted to read: 384 63G-31-302. Sex-designated changing rooms in publicly owned facilities open to 385 the general public. 386 (1) (a) Except as provided in Subsection (1)(b), to preserve the individual privacy of 387 males and females, an individual may only access an operational sex-designated changing room 388 in a government entity's facility that is open to the general public if: 389 (i) the individual's sex corresponds with the sex designation of the changing room; or 390 (ii) the individual has: 391 (A) legally amended the individual's birth certificate to correspond with the sex 392 designation of the changing room, which may be supported with a review of any amendment 393 history obtained under Section 26B-8-125; and Enrolled Copy H.B. 257 - 15 - 394 (B) undergone a primary sex characteristic surgical procedure as defined in Section 395 58-67-102 to correspond with the sex designation of the changing room. 396 (b) Subsection (1)(a) does not apply to: 397 (i) a minor child who requires assistance to access or use the changing room that 398 corresponds with the sex of the minor's parent, guardian, or relative; 399 (ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as defined 400 in Section 76-5-111 who requires assistance to access or use the changing room that 401 corresponds with the sex of a caretaker; 402 (iii) an individual providing public safety services, including law enforcement, 403 emergency medical services as defined in Section 26B-4-101, and fire protection; 404 (iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide 405 health care services to a patient of the health care facility; or 406 (v) an individual whose employment duties include the maintenance or cleaning of the 407 changing room. 408 (2) An individual in a changing room has a reasonable expectation of privacy, 409 satisfying the privacy element of the offense of voyeurism in Section 76-9-702.7. 410 (3) An individual who knowingly enters a changing room in violation of Subsection (1) 411 commits the offense of criminal trespass under Section 76-6-206 if the individual enters or 412 remains in the changing room under circumstances which a reasonable person would expect to 413 likely cause affront or alarm to, on, or in the presence of another individual. 414 (4) The surgical provision described in Subsection (1)(a)(ii) does not shield an 415 individual from the offense of lewdness related to genitalia under Subsection 76-9-202(3) or 416 76-9-202.5(4). 417 (5) An individual may use the following evidence as a defense against an allegation 418 that the individual is not eligible to access and use a sex-designated changing room under 419 Subsection (1): 420 (a) for an individual whose birth sex corresponds with the sex designation of the 421 changing room: H.B. 257 Enrolled Copy - 16 - 422 (i) an individual's unamended birth certificate that corresponds with the sex 423 designation of the changing room, which may be supported with a review of any amendment 424 history obtained under Section 26B-8-125; or 425 (ii) documentation of a medical treatment or procedure that is consistent only with the 426 sex designation of the changing room; or 427 (b) for an individual whose birth sex does not correspond with the sex designation of 428 the changing room: 429 (i) the individual's amended birth certificate, which may be supported with a review of 430 any amendment history obtained under Section 26B-8-125; and 431 (ii) documentation that demonstrates that the individual has undergone a primary sex 432 characteristic surgical procedure as defined in Section 58-67-102. 433 (6) Subsection (1) does not apply to: 434 (a) a unisex or single-occupant facility; 435 (b) a changing room that is not open to the general public; or 436 (c) an intersex individual. 437 Section 11. Section 63G-31-303 is enacted to read: 438 63G-31-303. Unisex or single-occupant facilities. 439 The availability of a unisex facility or single-occupant facility satisfies a government 440 entity's obligations regarding an individual who, because of the individual's gender identity, as 441 defined in Section 34A-5-102, or reasonable fear of bullying, is uncomfortable using: 442 (1) for a student, a privacy space in accordance with Section 63G-31-301; or 443 (2) a changing room in accordance with Section 63G-31-302. 444 Section 12. Section 63G-31-304 is enacted to read: 445 63G-31-304. Government entity facility compliance. 446 (1) Except as provided under Section 53G-8-211, a government entity shall contact law 447 enforcement if the entity receives a complaint or allegation regarding the following within a 448 privacy space in a facility that is open to the general public: 449 (a) an offense of lewdness under Section 76-9-702; Enrolled Copy H.B. 257 - 17 - 450 (b) an offense of lewdness involving a child under Section 76-9-702.5; 451 (c) voyeurism under Section 76-9-702.7; 452 (d) loitering in a privacy space under Section 76-9-702.8; or 453 (e) for a changing room described in Section 63G-31-302, an offense of criminal 454 trespass under Subsection 63G-31-302(2). 455 (2) To preserve the individual privacy of males and females in privacy spaces: 456 (a) a government entity shall adopt a privacy compliance plan to address compliance 457 with the government entity's duties under this chapter; 458 (b) for construction of a new facility, a government entity shall ensure that the new 459 construction includes a single-occupant facility; and 460 (c) for existing privacy spaces, a government entity: 461 (i) shall consider the feasibility of retrofitting or remodeling to include: 462 (A) floor-to-ceiling walls and doors or similar privacy protections; 463 (B) curtains; or 464 (C) other methods of improving individual privacy within the facility that are 465 comparable to the methods described in Subsections (2)(a)(i) and (ii); and 466 (ii) may reduce the number of fixtures that state law requires by up to 20% to provide 467 adequate space for the retrofitting or remodeling described in Subsection (2)(a). 468 (3) A government entity shall ensure sufficient sex-designated privacy spaces through 469 compliance with Sections 15A-3-112 and 15A-3-304 regarding unisex facilities. 470 Section 13. Section 63G-31-401 is enacted to read: 471 Part 4. Enforcement and Indemnification 472 63G-31-401. Government entity noncompliance. 473 (1) The state auditor shall: 474 (a) establish a process to receive and investigate alleged violations of this chapter by a 475 government entity; 476 (b) provide notice to the relevant government entity of: 477 (i) each alleged violation of this chapter by the government entity; H.B. 257 Enrolled Copy - 18 - 478 (ii) each violation that the state auditor determines to be substantiated, including an 479 opportunity to cure the violation not to exceed 30 calendar days; and 480 (c) if a government entity fails to cure a violation in accordance with Subsection 481 (1)(b)(ii), report the government entity's failure to: 482 (i) for a political subdivision as defined in Section 63G-7-102, the attorney general for 483 enforcement under Subsection (2); and 484 (ii) for a state entity as defined in Section 67-4-2, the Legislative Management 485 Committee. 486 (2) (a) The attorney general shall: 487 (i) enforce this chapter against a political subdivision upon referral by the state auditor 488 under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per day; and 489 (ii) deposit fines under Subsection (2)(a) into the General Fund. 490 (b) A political subdivision may seek judicial review of a fine that the attorney general 491 imposes under this section to determine whether the fine is clearly erroneous. 492 (3) A local education agency is not in violation of this chapter for a lawful application 493 of Section 53G-8-211. 494 Section 14. Section 63G-31-402 is enacted to read: 495 63G-31-402. Indemnification. 496 The attorney general shall defend, indemnify, and hold harmless a government entity 497 acting under color of state law to enforce this chapter for any claims or damages, including 498 court costs and attorney fees that: 499 (1) arise as a result of this chapter; and 500 (2) are not covered by the government entity's insurance policies or any coverage 501 agreement that the State Risk Management Fund issues. 502 Section 15. Section 67-3-1 is amended to read: 503 67-3-1. Functions and duties. 504 (1) (a) The state auditor is the auditor of public accounts and is independent of any 505 executive or administrative officers of the state. Enrolled Copy H.B. 257 - 19 - 506 (b) The state auditor is not limited in the selection of personnel or in the determination 507 of the reasonable and necessary expenses of the state auditor's office. 508 (2) The state auditor shall examine and certify annually in respect to each fiscal year, 509 financial statements showing: 510 (a) the condition of the state's finances; 511 (b) the revenues received or accrued; 512 (c) expenditures paid or accrued; 513 (d) the amount of unexpended or unencumbered balances of the appropriations to the 514 agencies, departments, divisions, commissions, and institutions; and 515 (e) the cash balances of the funds in the custody of the state treasurer. 516 (3) (a) The state auditor shall: 517 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of 518 any department of state government or any independent agency or public corporation as the law 519 requires, as the auditor determines is necessary, or upon request of the governor or the 520 Legislature; 521 (ii) perform the audits in accordance with generally accepted auditing standards and 522 other auditing procedures as promulgated by recognized authoritative bodies; and 523 (iii) as the auditor determines is necessary, conduct the audits to determine: 524 (A) honesty and integrity in fiscal affairs; 525 (B) accuracy and reliability of financial statements; 526 (C) effectiveness and adequacy of financial controls; and 527 (D) compliance with the law. 528 (b) If any state entity receives federal funding, the state auditor shall ensure that the 529 audit is performed in accordance with federal audit requirements. 530 (c) (i) The costs of the federal compliance portion of the audit may be paid from an 531 appropriation to the state auditor from the General Fund. 532 (ii) If an appropriation is not provided, or if the federal government does not 533 specifically provide for payment of audit costs, the costs of the federal compliance portions of H.B. 257 Enrolled Copy - 20 - 534 the audit shall be allocated on the basis of the percentage that each state entity's federal funding 535 bears to the total federal funds received by the state. 536 (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit 537 funds passed through the state to local governments and to reflect any reduction in audit time 538 obtained through the use of internal auditors working under the direction of the state auditor. 539 (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to 540 financial audits, and as the auditor determines is necessary, conduct performance and special 541 purpose audits, examinations, and reviews of any entity that receives public funds, including a 542 determination of any or all of the following: 543 (i) the honesty and integrity of all the entity's fiscal affairs; 544 (ii) whether the entity's administrators have faithfully complied with legislative intent; 545 (iii) whether the entity's operations have been conducted in an efficient, effective, and 546 cost-efficient manner; 547 (iv) whether the entity's programs have been effective in accomplishing the intended 548 objectives; and 549 (v) whether the entity's management, control, and information systems are adequate, 550 effective, and secure. 551 (b) The auditor may not conduct performance and special purpose audits, 552 examinations, and reviews of any entity that receives public funds if the entity: 553 (i) has an elected auditor; and 554 (ii) has, within the entity's last budget year, had the entity's financial statements or 555 performance formally reviewed by another outside auditor. 556 (5) The state auditor: 557 (a) shall administer any oath or affirmation necessary to the performance of the duties 558 of the auditor's office; and 559 (b) may: 560 (i) subpoena witnesses and documents, whether electronic or otherwise; and 561 (ii) examine into any matter that the auditor considers necessary. Enrolled Copy H.B. 257 - 21 - 562 (6) The state auditor may require all persons who have had the disposition or 563 management of any property of this state or its political subdivisions to submit statements 564 regarding the property at the time and in the form that the auditor requires. 565 (7) The state auditor shall: 566 (a) except where otherwise provided by law, institute suits in Salt Lake County in 567 relation to the assessment, collection, and payment of revenues against: 568 (i) persons who by any means have become entrusted with public money or property 569 and have failed to pay over or deliver the money or property; and 570 (ii) all debtors of the state; 571 (b) collect and pay into the state treasury all fees received by the state auditor; 572 (c) perform the duties of a member of all boards of which the state auditor is a member 573 by the constitution or laws of the state, and any other duties that are prescribed by the 574 constitution and by law; 575 (d) stop the payment of the salary of any state official or state employee who: 576 (i) refuses to settle accounts or provide required statements about the custody and 577 disposition of public funds or other state property; 578 (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling 579 board or department head with respect to the manner of keeping prescribed accounts or funds; 580 or 581 (iii) fails to correct any delinquencies, improper procedures, and errors brought to the 582 official's or employee's attention; 583 (e) establish accounting systems, methods, and forms for public accounts in all taxing 584 or fee-assessing units of the state in the interest of uniformity, efficiency, and economy; 585 (f) superintend the contractual auditing of all state accounts; 586 (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of 587 property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that 588 officials and employees in those taxing units comply with state laws and procedures in the 589 budgeting, expenditures, and financial reporting of public funds; H.B. 257 Enrolled Copy - 22 - 590 (h) subject to Subsection (9), withhold the disbursement of tax money from any county, 591 if necessary, to ensure that officials and employees in the county comply with Section 592 59-2-303.1; and 593 (i) withhold state allocated funds or the disbursement of property taxes from a local 594 government entity or a limited purpose entity, as those terms are defined in Section 67-1a-15 if 595 the state auditor finds the withholding necessary to ensure that the entity registers and 596 maintains the entity's registration with the lieutenant governor, in accordance with Section 597 67-1a-15. 598 (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds 599 under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal 600 written notice of noncompliance from the auditor and has been given 60 days to make the 601 specified corrections. 602 (b) If, after receiving notice under Subsection (8)(a), a state or independent local 603 fee-assessing unit that exclusively assesses fees has not made corrections to comply with state 604 laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the 605 state auditor: 606 (i) shall provide a recommended timeline for corrective actions; 607 (ii) may prohibit the state or local fee-assessing unit from accessing money held by the 608 state; and 609 (iii) may prohibit a state or local fee-assessing unit from accessing money held in an 610 account of a financial institution by filing an action in district court requesting an order of the 611 court to prohibit a financial institution from providing the fee-assessing unit access to an 612 account. 613 (c) The state auditor shall remove a limitation on accessing funds under Subsection 614 (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and 615 financial reporting of public funds. 616 (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with 617 state law, the state auditor: Enrolled Copy H.B. 257 - 23 - 618 (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to 619 comply; 620 (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the 621 state; and 622 (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an 623 account of a financial institution by: 624 (A) contacting the taxing or fee-assessing unit's financial institution and requesting that 625 the institution prohibit access to the account; or 626 (B) filing an action in district court requesting an order of the court to prohibit a 627 financial institution from providing the taxing or fee-assessing unit access to an account. 628 (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state 629 law, the state auditor shall eliminate a limitation on accessing funds described in Subsection 630 (8)(d). 631 (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has 632 received formal written notice of noncompliance from the auditor and has been given 60 days 633 to make the specified corrections. 634 (10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state 635 auditor receives a notice of non-registration, as that term is defined in Section 67-1a-15. 636 (b) If the state auditor receives a notice of non-registration, the state auditor may 637 prohibit the local government entity or limited purpose entity, as those terms are defined in 638 Section 67-1a-15, from accessing: 639 (i) money held by the state; and 640 (ii) money held in an account of a financial institution by: 641 (A) contacting the entity's financial institution and requesting that the institution 642 prohibit access to the account; or 643 (B) filing an action in district court requesting an order of the court to prohibit a 644 financial institution from providing the entity access to an account. 645 (c) The state auditor shall remove the prohibition on accessing funds described in H.B. 257 Enrolled Copy - 24 - 646 Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in 647 Section 67-1a-15, from the lieutenant governor. 648 (11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the 649 state auditor: 650 (a) shall authorize a disbursement by a local government entity or limited purpose 651 entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing 652 unit if the disbursement is necessary to: 653 (i) avoid a major disruption in the operations of the local government entity, limited 654 purpose entity, or state or local taxing or fee-assessing unit; or 655 (ii) meet debt service obligations; and 656 (b) may authorize a disbursement by a local government entity, limited purpose entity, 657 or state or local taxing or fee-assessing unit as the state auditor determines is appropriate. 658 (12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to 659 take temporary custody of public funds if an action is necessary to protect public funds from 660 being improperly diverted from their intended public purpose. 661 (b) If the state auditor seeks relief under Subsection (12)(a): 662 (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8); 663 and 664 (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a 665 court orders the public funds to be protected from improper diversion from their public 666 purpose. 667 (13) The state auditor shall: 668 (a) establish audit guidelines and procedures for audits of local mental health and 669 substance abuse authorities and their contract providers, conducted pursuant to Title 17, 670 Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local 671 Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental 672 Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal 673 Organizations, and Other Local Entities Act; and Enrolled Copy H.B. 257 - 25 - 674 (b) ensure that those guidelines and procedures provide assurances to the state that: 675 (i) state and federal funds appropriated to local mental health authorities are used for 676 mental health purposes; 677 (ii) a private provider under an annual or otherwise ongoing contract to provide 678 comprehensive mental health programs or services for a local mental health authority is in 679 compliance with state and local contract requirements and state and federal law; 680 (iii) state and federal funds appropriated to local substance abuse authorities are used 681 for substance abuse programs and services; and 682 (iv) a private provider under an annual or otherwise ongoing contract to provide 683 comprehensive substance abuse programs or services for a local substance abuse authority is in 684 compliance with state and local contract requirements, and state and federal law. 685 (14) (a) The state auditor may, in accordance with the auditor's responsibilities for 686 political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from 687 Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or 688 investigations of any political subdivision that are necessary to determine honesty and integrity 689 in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of 690 financial controls and compliance with the law. 691 (b) If the state auditor receives notice under Subsection 11-41-104(7) from the 692 Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may 693 initiate an audit or investigation of the public entity subject to the notice to determine 694 compliance with Section 11-41-103. 695 (15) (a) The state auditor may not audit work that the state auditor performed before 696 becoming state auditor. 697 (b) If the state auditor has previously been a responsible official in state government 698 whose work has not yet been audited, the Legislature shall: 699 (i) designate how that work shall be audited; and 700 (ii) provide additional funding for those audits, if necessary. 701 (16) The state auditor shall: H.B. 257 Enrolled Copy - 26 - 702 (a) with the assistance, advice, and recommendations of an advisory committee 703 appointed by the state auditor from among special district boards of trustees, officers, and 704 employees and special service district boards, officers, and employees: 705 (i) prepare a Uniform Accounting Manual for Special Districts that: 706 (A) prescribes a uniform system of accounting and uniform budgeting and reporting 707 procedures for special districts under Title 17B, Limited Purpose Local Government Entities - 708 Special Districts, and special service districts under Title 17D, Chapter 1, Special Service 709 District Act; 710 (B) conforms with generally accepted accounting principles; and 711 (C) prescribes reasonable exceptions and modifications for smaller districts to the 712 uniform system of accounting, budgeting, and reporting; 713 (ii) maintain the manual under this Subsection (16)(a) so that the manual continues to 714 reflect generally accepted accounting principles; 715 (iii) conduct a continuing review and modification of procedures in order to improve 716 them; 717 (iv) prepare and supply each district with suitable budget and reporting forms; and 718 (v) (A) prepare instructional materials, conduct training programs, and render other 719 services considered necessary to assist special districts and special service districts in 720 implementing the uniform accounting, budgeting, and reporting procedures; and 721 (B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title 722 63G, Chapter 22, State Training and Certification Requirements; and 723 (b) continually analyze and evaluate the accounting, budgeting, and reporting practices 724 and experiences of specific special districts and special service districts selected by the state 725 auditor and make the information available to all districts. 726 (17) (a) The following records in the custody or control of the state auditor are 727 protected records under Title 63G, Chapter 2, Government Records Access and Management 728 Act: 729 (i) records that would disclose information relating to allegations of personal Enrolled Copy H.B. 257 - 27 - 730 misconduct, gross mismanagement, or illegal activity of a past or present governmental 731 employee if the information or allegation cannot be corroborated by the state auditor through 732 other documents or evidence, and the records relating to the allegation are not relied upon by 733 the state auditor in preparing a final audit report; 734 (ii) records and audit workpapers to the extent the workpapers would disclose the 735 identity of an individual who during the course of an audit, communicated the existence of any 736 waste of public funds, property, or manpower, or a violation or suspected violation of a law, 737 rule, or regulation adopted under the laws of this state, a political subdivision of the state, or 738 any recognized entity of the United States, if the information was disclosed on the condition 739 that the identity of the individual be protected; 740 (iii) before an audit is completed and the final audit report is released, records or drafts 741 circulated to an individual who is not an employee or head of a governmental entity for the 742 individual's response or information; 743 (iv) records that would disclose an outline or part of any audit survey plans or audit 744 program; and 745 (v) requests for audits, if disclosure would risk circumvention of an audit. 746 (b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure 747 of records or information that relate to a violation of the law by a governmental entity or 748 employee to a government prosecutor or peace officer. 749 (c) The provisions of this Subsection (17) do not limit the authority otherwise given to 750 the state auditor to classify a document as public, private, controlled, or protected under Title 751 63G, Chapter 2, Government Records Access and Management Act. 752 (d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the 753 state auditor and the subject of an audit performed by the state auditor as to whether the state 754 auditor may release a record, as defined in Section 63G-2-103, to the public that the state 755 auditor gained access to in the course of the state auditor's audit but which the subject of the 756 audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records 757 Access and Management Act. H.B. 257 Enrolled Copy - 28 - 758 (ii) The state auditor may submit a record dispute to the State Records Committee, 759 created in Section 63G-2-501, for a determination of whether the state auditor may, in 760 conjunction with the state auditor's release of an audit report, release to the public the record 761 that is the subject of the record dispute. 762 (iii) The state auditor or the subject of the audit may seek judicial review of a State 763 Records Committee determination under Subsection (17)(d)(ii), as provided in Section 764 63G-2-404. 765 (18) If the state auditor conducts an audit of an entity that the state auditor has 766 previously audited and finds that the entity has not implemented a recommendation made by 767 the state auditor in a previous audit, the state auditor shall notify the Legislative Management 768 Committee through the Legislative Management Committee's audit subcommittee that the 769 entity has not implemented that recommendation. 770 (19) The state auditor shall, with the advice and consent of the Senate, appoint the state 771 privacy officer described in Section 67-3-13. 772 (20) Except as provided in Subsection (21), the state auditor shall report, or ensure that 773 another government entity reports, on the financial, operational, and performance metrics for 774 the state system of higher education and the state system of public education, including metrics 775 in relation to students, programs, and schools within those systems. 776 (21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits 777 of: 778 (i) the scholarship granting organization for the Special Needs Opportunity Scholarship 779 Program, created in Section 53E-7-402; 780 (ii) the State Board of Education for the Carson Smith Scholarship Program, created in 781 Section 53F-4-302; and 782 (iii) the scholarship program manager for the Utah Fits All Scholarship Program, 783 created in Section 53F-6-402. 784 (b) Nothing in this subsection limits or impairs the authority of the State Board of 785 Education to administer the programs described in Subsection (21)(a). Enrolled Copy H.B. 257 - 29 - 786 (22) The state auditor shall, based on the information posted by the Office of 787 Legislative Research and General Counsel under Subsection 36-12-12.1(2), for each policy, 788 track and post the following information on the state auditor's website: 789 (a) the information posted under Subsections 36-12-12.1(2)(a) through (e); 790 (b) an indication regarding whether the policy is timely adopted, adopted late, or not 791 adopted; 792 (c) an indication regarding whether the policy complies with the requirements 793 established by law for the policy; and 794 (d) a link to the policy. 795 (23) (a) A legislator may request that the state auditor conduct an inquiry to determine 796 whether a government entity, government official, or government employee has complied with 797 a legal obligation directly imposed, by statute, on the government entity, government official, 798 or government employee. 799 (b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct 800 the inquiry requested. 801 (c) If the state auditor conducts the inquiry described in Subsection (23)(b), the state 802 auditor shall post the results of the inquiry on the state auditor's website. 803 (d) The state auditor may limit the inquiry described in this Subsection (23) to a simple 804 determination, without conducting an audit, regarding whether the obligation was fulfilled. 805 (24) The state auditor shall: 806 (a) ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in 807 accordance with Section 63G-31-401; and 808 (b) report to the Legislative Management Committee, upon request, regarding the state 809 auditor's actions under this Subsection (24). 810 Section 16. Section 67-5-1 is amended to read: 811 67-5-1. General duties. 812 (1) The attorney general shall: 813 (a) perform all duties in a manner consistent with the attorney-client relationship under H.B. 257 Enrolled Copy - 30 - 814 Section 67-5-17; 815 (b) except as provided in Sections 10-3-928 and 17-18a-403, attend the Supreme Court 816 and the Court of Appeals of this state, and all courts of the United States, and prosecute or 817 defend all causes to which the state or any officer, board, or commission of the state in an 818 official capacity is a party, and take charge, as attorney, of all civil legal matters in which the 819 state is interested; 820 (c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of 821 process as necessary to execute the judgment; 822 (d) account for, and pay over to the proper officer, all money that comes into the 823 attorney general's possession that belongs to the state; 824 (e) keep a file of all cases in which the attorney general is required to appear, including 825 any documents and papers showing the court in which the cases have been instituted and tried, 826 and whether they are civil or criminal, and: 827 (i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to 828 judgment, a memorandum of the judgment and of any process issued if satisfied, and if not 829 satisfied, documentation of the return of the sheriff; 830 (ii) if criminal, the nature of the crime, the mode of prosecution, the stage of 831 proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the 832 execution, if the sentence has been executed, and, if not executed, the reason for the delay or 833 prevention; and 834 (iii) deliver this information to the attorney general's successor in office; 835 (f) exercise supervisory powers over the district and county attorneys of the state in all 836 matters pertaining to the duties of the district and county attorneys' offices, including the 837 authority described in Subsection (2); 838 (g) give the attorney general's opinion in writing and without fee, when required, upon 839 any question of law relating to the office of the requester: 840 (i) in accordance with Section 67-5-1.1, to the Legislature or either house; 841 (ii) to any state officer, board, or commission; and Enrolled Copy H.B. 257 - 31 - 842 (iii) to any county attorney or district attorney; 843 (h) when required by the public service or directed by the governor, assist any county, 844 district, or city attorney in the discharge of county, district, or city attorney's duties; 845 (i) purchase in the name of the state, under the direction of the state Board of 846 Examiners, any property offered for sale under execution issued upon judgments in favor of or 847 for the use of the state, and enter satisfaction in whole or in part of the judgments as the 848 consideration of the purchases; 849 (j) when the property of a judgment debtor in any judgment mentioned in Subsection 850 (1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance 851 taking precedence of the judgment in favor of the state, redeem the property, under the 852 direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and 853 pay all money necessary for the redemption, upon the order of the state Board of Examiners, 854 out of any money appropriated for these purposes; 855 (k) when in the attorney general's opinion it is necessary for the collection or 856 enforcement of any judgment, institute and prosecute on behalf of the state any action or 857 proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment 858 debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of 859 Examiners, out of any money not otherwise appropriated; 860 (l) discharge the duties of a member of all official boards of which the attorney general 861 is or may be made a member by the Utah Constitution or by the laws of the state, and other 862 duties prescribed by law; 863 (m) institute and prosecute proper proceedings in any court of the state or of the United 864 States to restrain and enjoin corporations organized under the laws of this or any other state or 865 territory from acting illegally or in excess of their corporate powers or contrary to public 866 policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and 867 wind up their affairs; 868 (n) institute investigations for the recovery of all real or personal property that may 869 have escheated or should escheat to the state, and for that purpose, subpoena any persons H.B. 257 Enrolled Copy - 32 - 870 before any of the district courts to answer inquiries and render accounts concerning any 871 property, examine all books and papers of any corporations, and when any real or personal 872 property is discovered that should escheat to the state, institute suit in the district court of the 873 county where the property is situated for its recovery, and escheat that property to the state; 874 (o) administer the Children's Justice Center as a program to be implemented in various 875 counties pursuant to Sections 67-5b-101 through 67-5b-107; 876 (p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a, 877 Constitutional and Federalism Defense Act; 878 (q) pursue any appropriate legal action to implement the state's public lands policy 879 established in Section 63C-4a-103; 880 (r) investigate and prosecute violations of all applicable state laws relating to fraud in 881 connection with the state Medicaid program and any other medical assistance program 882 administered by the state, including violations of Title 26B, Chapter 3, Part 11, Utah False 883 Claims Act; 884 (s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients: 885 (i) in health care facilities that receive payments under the state Medicaid program; 886 (ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C. 887 Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and 888 (iii) who are receiving medical assistance under the Medicaid program as defined in 889 Section 26B-3-101 in a noninstitutional or other setting; 890 (t) (i) report at least twice per year to the Legislative Management Committee on any 891 pending or anticipated lawsuits, other than eminent domain lawsuits, that might: 892 (A) cost the state more than $500,000; or 893 (B) require the state to take legally binding action that would cost more than $500,000 894 to implement; and 895 (ii) if the meeting is closed, include an estimate of the state's potential financial or 896 other legal exposure in that report; 897 (u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that Enrolled Copy H.B. 257 - 33 - 898 summarizes any lawsuit or decision in which a court or the Office of the Attorney General has 899 determined that a state statute is unconstitutional or unenforceable since the attorney general's 900 last report under this Subsection (1)(u), including any: 901 (A) settlements reached; 902 (B) consent decrees entered; 903 (C) judgments issued; 904 (D) preliminary injunctions issued; 905 (E) temporary restraining orders issued; or 906 (F) formal or informal policies of the Office of the Attorney General to not enforce a 907 law; and 908 (ii) at least 30 days before the Legislature's May and November interim meetings, 909 submit the report described in Subsection (1)(u)(i) to: 910 (A) the Legislative Management Committee; 911 (B) the Judiciary Interim Committee; and 912 (C) the Law Enforcement and Criminal Justice Interim Committee; 913 (v) if the attorney general operates the Office of the Attorney General or any portion of 914 the Office of the Attorney General as an internal service fund agency in accordance with 915 Section 67-5-4, submit to the rate committee established in Section 67-5-34: 916 (i) a proposed rate and fee schedule in accordance with Subsection 67-5-34(4); and 917 (ii) any other information or analysis requested by the rate committee; 918 (w) before the end of each calendar year, create an annual performance report for the 919 Office of the Attorney General and post the report on the attorney general's website; 920 (x) ensure that any training required under this chapter complies with Title 63G, 921 Chapter 22, State Training and Certification Requirements; 922 (y) notify the legislative general counsel in writing within three business days after the 923 day on which the attorney general is officially notified of a claim, regardless of whether the 924 claim is filed in state or federal court, that challenges: 925 (i) the constitutionality of a state statute; H.B. 257 Enrolled Copy - 34 - 926 (ii) the validity of legislation; or 927 (iii) any action of the Legislature; [and] 928 (z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a 929 special advisor to the Office of the Governor and the Office of the Attorney General in matters 930 relating to Native American and tribal issues to: 931 (A) establish outreach to the tribes and affected counties and communities; and 932 (B) foster better relations and a cooperative framework; and 933 (ii) annually report to the Executive Offices and Criminal Justice Appropriations 934 Subcommittee regarding: 935 (A) the status of the work of the special advisor described in Subsection (1)(z)(i); and 936 (B) whether the need remains for the ongoing appropriation to fund the special advisor 937 described in Subsection (1)(z)(i)[.]; and 938 (aa) (i) enforce compliance with Title 63G, Chapter 31, Distinctions on the Basis of 939 Sex, in accordance with Section 63G-31-401; and 940 (ii) report to the Legislative Management Committee, upon request, regarding the 941 attorney general's enforcement under this Subsection (1)(aa). 942 (2) (a) The attorney general may require a district attorney or county attorney of the 943 state to, upon request, report on the status of public business entrusted to the district or county 944 attorney's charge. 945 (b) The attorney general may review investigation results de novo and file criminal 946 charges, if warranted, in any case involving a first degree felony, if: 947 (i) a law enforcement agency submits investigation results to the county attorney or 948 district attorney of the jurisdiction where the incident occurred and the county attorney or 949 district attorney: 950 (A) declines to file criminal charges; or 951 (B) fails to screen the case for criminal charges within six months after the law 952 enforcement agency's submission of the investigation results; and 953 (ii) after consultation with the county attorney or district attorney of the jurisdiction Enrolled Copy H.B. 257 - 35 - 954 where the incident occurred, the attorney general reasonably believes action by the attorney 955 general would not interfere with an ongoing investigation or prosecution by the county attorney 956 or district attorney of the jurisdiction where the incident occurred. 957 (c) If the attorney general decides to conduct a review under Subsection (2)(b), the 958 district attorney, county attorney, and law enforcement agency shall, within 14 days after the 959 day on which the attorney general makes a request, provide the attorney general with: 960 (i) all information relating to the investigation, including all reports, witness lists, 961 witness statements, and other documents created or collected in relation to the investigation; 962 (ii) all recordings, photographs, and other physical or digital media created or collected 963 in relation to the investigation; 964 (iii) access to all evidence gathered or collected in relation to the investigation; and 965 (iv) the identification of, and access to, all officers or other persons who have 966 information relating to the investigation. 967 (d) If a district attorney, county attorney, or law enforcement agency fails to timely 968 comply with Subsection (2)(c), the attorney general may seek a court order compelling 969 compliance. 970 (e) If the attorney general seeks a court order under Subsection (2)(d), the court shall 971 grant the order unless the district attorney, county attorney, or law enforcement agency shows 972 good cause and a compelling interest for not complying with Subsection (2)(c). 973 Section 17. Section 68-3-12.5 is amended to read: 974 68-3-12.5. Definitions for Utah Code. 975 (1) The definitions listed in this section apply to the Utah Code, unless: 976 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant 977 to the context of the statute; or 978 (b) a different definition is expressly provided for the respective title, chapter, part, 979 section, or subsection. 980 (2) "Adjudicative proceeding" means: 981 (a) an action by a board, commission, department, officer, or other administrative unit H.B. 257 Enrolled Copy - 36 - 982 of the state that determines the legal rights, duties, privileges, immunities, or other legal 983 interests of one or more identifiable persons, including an action to grant, deny, revoke, 984 suspend, modify, annul, withdraw, or amend an authority, right, or license; and 985 (b) judicial review of an action described in Subsection (2)(a). 986 (3) "Administrator" includes "executor" when the subject matter justifies the use. 987 (4) "Advisory board," "advisory commission," and "advisory council" mean a board, 988 commission, committee, or council that: 989 (a) is created by, and whose duties are provided by, statute or executive order; 990 (b) performs its duties only under the supervision of another person as provided by 991 statute; and 992 (c) provides advice and makes recommendations to another person that makes policy 993 for the benefit of the general public. 994 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, 995 Space Force, and Coast Guard. 996 (6) "City" includes, depending on population, a metro township as defined in Section 997 10-3c-102. 998 (7) "County executive" means: 999 (a) the county commission, in the county commission or expanded county commission 1000 form of government established under Title 17, Chapter 52a, Changing Forms of County 1001 Government; 1002 (b) the county executive, in the county executive-council optional form of government 1003 authorized by Section 17-52a-203; or 1004 (c) the county manager, in the council-manager optional form of government 1005 authorized by Section 17-52a-204. 1006 (8) "County legislative body" means: 1007 (a) the county commission, in the county commission or expanded county commission 1008 form of government established under Title 17, Chapter 52a, Changing Forms of County 1009 Government; Enrolled Copy H.B. 257 - 37 - 1010 (b) the county council, in the county executive-council optional form of government 1011 authorized by Section 17-52a-203; and 1012 (c) the county council, in the council-manager optional form of government authorized 1013 by Section 17-52a-204. 1014 (9) "Depose" means to make a written statement made under oath or affirmation. 1015 (10) (a) "Equal" means, with respect to biological sex, of the same value. 1016 (b) "Equal" does not mean, with respect to biological sex: 1017 (i) a characteristic of being the same or identical; or 1018 (ii) a requirement that biological sexes be ignored or co-mingled in every circumstance. 1019 [(10)] (11) "Executor" includes "administrator" when the subject matter justifies the 1020 use. 1021 (12) "Father" means a parent who is of the male sex. 1022 (13) "Female" means the characteristic of an individual whose biological reproductive 1023 system is of the general type that functions in a way that could produce ova. 1024 [(11)] (14) "Guardian" includes a person who: 1025 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary 1026 or court appointment; or 1027 (b) is appointed by a court to manage the estate of a minor or incapacitated person. 1028 [(12)] (15) "Highway" includes: 1029 (a) a public bridge; 1030 (b) a county way; 1031 (c) a county road; 1032 (d) a common road; and 1033 (e) a state road. 1034 [(13)] (16) "Intellectual disability" means a significant, subaverage general intellectual 1035 functioning that: 1036 (a) exists concurrently with deficits in adaptive behavior; and 1037 (b) is manifested during the developmental period as defined in the current edition of H.B. 257 Enrolled Copy - 38 - 1038 the Diagnostic and Statistical Manual of Mental Disorders, published by the American 1039 Psychiatric Association. 1040 [(14)] (17) "Intermediate care facility for people with an intellectual disability" means 1041 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social 1042 Security Act. 1043 [(15)] (18) "Land" includes: 1044 (a) land; 1045 (b) a tenement; 1046 (c) a hereditament; 1047 (d) a water right; 1048 (e) a possessory right; and 1049 (f) a claim. 1050 (19) "Male" means the characteristic of an individual whose biological reproductive 1051 system is of the general type that functions to fertilize the ova of a female. 1052 (20) "Man" means an adult human male. 1053 [(16)] (21) "Month" means a calendar month, unless otherwise expressed. 1054 (22) "Mother" means a parent who is of the female sex. 1055 [(17)] (23) "Oath" includes "affirmation." 1056 [(18)] (24) "Person" means: 1057 (a) an individual; 1058 (b) an association; 1059 (c) an institution; 1060 (d) a corporation; 1061 (e) a company; 1062 (f) a trust; 1063 (g) a limited liability company; 1064 (h) a partnership; 1065 (i) a political subdivision; Enrolled Copy H.B. 257 - 39 - 1066 (j) a government office, department, division, bureau, or other body of government; 1067 and 1068 (k) any other organization or entity. 1069 [(19)] (25) "Personal property" includes: 1070 (a) money; 1071 (b) goods; 1072 (c) chattels; 1073 (d) effects; 1074 (e) evidences of a right in action; 1075 (f) a written instrument by which a pecuniary obligation, right, or title to property is 1076 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and 1077 (g) a right or interest in an item described in Subsections [(19)(a)] (25)(a) through (f). 1078 [(20)] (26) "Personal representative," "executor," and "administrator" include: 1079 (a) an executor; 1080 (b) an administrator; 1081 (c) a successor personal representative; 1082 (d) a special administrator; and 1083 (e) a person who performs substantially the same function as a person described in 1084 Subsections [(20)(a)] (26)(a) through (d) under the law governing the person's status. 1085 [(21)] (27) "Policy board," "policy commission," or "policy council" means a board, 1086 commission, or council that: 1087 (a) is authorized to make policy for the benefit of the general public; 1088 (b) is created by, and whose duties are provided by, the constitution or statute; and 1089 (c) performs its duties according to its own rules without supervision other than under 1090 the general control of another person as provided by statute. 1091 [(22)] (28) "Population" is shown by the most recent state or national census, unless 1092 expressly provided otherwise. 1093 [(23)] (29) "Process" means a writ or summons issued in the course of a judicial H.B. 257 Enrolled Copy - 40 - 1094 proceeding. 1095 [(24)] (30) "Property" includes both real and personal property. 1096 [(25)] (31) "Real estate" or "real property" includes: 1097 (a) land; 1098 (b) a tenement; 1099 (c) a hereditament; 1100 (d) a water right; 1101 (e) a possessory right; and 1102 (f) a claim. 1103 [(26)] (32) "Review board," "review commission," and "review council" mean a board, 1104 commission, committee, or council that: 1105 (a) is authorized to approve policy made for the benefit of the general public by another 1106 body or person; 1107 (b) is created by, and whose duties are provided by, statute; and 1108 (c) performs its duties according to its own rules without supervision other than under 1109 the general control of another person as provided by statute. 1110 [(27)] (33) "Road" includes: 1111 (a) a public bridge; 1112 (b) a county way; 1113 (c) a county road; 1114 (d) a common road; and 1115 (e) a state road. 1116 (34) "Sex" means, in relation to an individual, the individual's biological sex, either 1117 male or female, at birth, according to distinct reproductive roles as manifested by: 1118 (a) sex and reproductive organ anatomy; 1119 (b) chromosomal makeup; and 1120 (c) endogenous hormone profiles. 1121 [(28)] (35) "Signature" includes a name, mark, or sign written with the intent to Enrolled Copy H.B. 257 - 41 - 1122 authenticate an instrument or writing. 1123 [(29)] (36) "State," when applied to the different parts of the United States, includes a 1124 state, district, or territory of the United States. 1125 [(30)] (37) "Swear" includes "affirm." 1126 [(31)] (38) "Testify" means to make an oral statement under oath or affirmation. 1127 [(32)] (39) "Town" includes, depending on population, a metro township as defined in 1128 Section 10-3c-102. 1129 [(33)] (40) "Uniformed services" means: 1130 (a) the armed forces; 1131 (b) the commissioned corps of the National Oceanic and Atmospheric Administration; 1132 and 1133 (c) the commissioned corps of the United States Public Health Service. 1134 [(34)] (41) "United States" includes each state, district, and territory of the United 1135 States of America. 1136 [(35)] (42) "Utah Code" means the 1953 recodification of the Utah Code, as amended, 1137 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it 1138 existed: 1139 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or 1140 (b) (i) after the day described in Subsection [(35)(a)] (42)(a); and 1141 (ii) before the most recent amendment to the referenced portion of the 1953 1142 recodification of the Utah Code. 1143 [(36)] (43) "Vessel," when used with reference to shipping, includes a steamboat, canal 1144 boat, and every structure adapted to be navigated from place to place. 1145 [(37)] (44) (a) "Veteran" means an individual who: 1146 (i) has served in the United States Armed Forces for at least 180 days: 1147 (A) on active duty; or 1148 (B) in a reserve component, to include the National Guard; or 1149 (ii) has incurred an actual service-related injury or disability while in the United States H.B. 257 Enrolled Copy - 42 - 1150 Armed Forces regardless of whether the individual completed 180 days; and 1151 (iii) was separated or retired under conditions characterized as honorable or general. 1152 (b) This definition is not intended to confer eligibility for benefits. 1153 [(38)] (45) "Will" includes a codicil. 1154 (46) "Woman" means an adult human female. 1155 [(39)] (47) "Writ" means an order or precept in writing, issued in the name of: 1156 (a) the state; 1157 (b) a court; or 1158 (c) a judicial officer. 1159 [(40)] (48) "Writing" includes: 1160 (a) printing; 1161 (b) handwriting; and 1162 (c) information stored in an electronic or other medium if the information is retrievable 1163 in a perceivable format. 1164 Section 18. Section 76-6-206 is amended to read: 1165 76-6-206. Criminal trespass. 1166 (1) (a) As used in this section: 1167 (i) "Enter" means intrusion of the entire body or the entire unmanned aircraft. 1168 (ii) "Graffiti" means the same as that term is defined in Section 76-6-101. 1169 (iii) "Remain unlawfully," as that term relates to an unmanned aircraft, means 1170 remaining on or over private property when: 1171 (A) the private property or any portion of the private property is not open to the public; 1172 and 1173 (B) the person operating the unmanned aircraft is not otherwise authorized to fly the 1174 unmanned aircraft over the private property or any portion of the private property. 1175 (b) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section. 1176 (2) An actor commits criminal trespass if, under circumstances not amounting to 1177 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section Enrolled Copy H.B. 257 - 43 - 1178 76-10-2402 regarding commercial obstruction: 1179 (a) the actor enters or remains unlawfully on or causes an unmanned aircraft to enter 1180 and remain unlawfully over property and: 1181 (i) intends to cause annoyance or injury to any person or damage to any property, 1182 including the use of graffiti; 1183 (ii) intends to commit any crime, other than theft or a felony; or 1184 (iii) is reckless as to whether the actor's or unmanned aircraft's presence will cause fear 1185 for the safety of another; 1186 (b) knowing the actor's or unmanned aircraft's entry or presence is unlawful, the actor 1187 enters or remains on or causes an unmanned aircraft to enter or remain unlawfully over 1188 property to which notice against entering is given by: 1189 (i) personal communication to the actor by the owner or someone with apparent 1190 authority to act for the owner; 1191 (ii) fencing or other enclosure obviously designed to exclude intruders; or 1192 (iii) posting of signs reasonably likely to come to the attention of intruders; [or] 1193 (c) the actor enters a condominium unit in violation of [Subsection] Section 1194 57-8-7(8)[.]; or 1195 (d) the actor enters a sex-designated changing room in violation of Subsection 1196 63G-31-302(3). 1197 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2)(a) [or], 1198 (b), or (d) is a class B misdemeanor. 1199 (b) [If] The following is a class A misdemeanor: 1200 (i) if a violation of Subsection (2)(a) or (b) is committed in a dwelling[, the violation is 1201 a class A misdemeanor.]; 1202 (ii) if a violation of Subsection (2)(d) is committed while also committing the offense 1203 of: 1204 (A) lewdness under Section 76-9-702; 1205 (B) lewdness involving a child under Section 76-9-702.5; H.B. 257 Enrolled Copy - 44 - 1206 (C) voyeurism under Section 76-9-702.7; or 1207 (D) loitering in a privacy space under Section 76-9-702.8; or 1208 (iii) if a violation of Subsection (2)(d) is committed in a sex-designated privacy space, 1209 as defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex. 1210 (c) A violation of Subsection (2)(c) is an infraction. 1211 (4) It is a defense to prosecution under this section that: 1212 (a) the property was at the time open to the public; and 1213 (b) the defendant complied with all lawful conditions imposed on access to or 1214 remaining on the property. 1215 (5) In addition to an order for restitution under Section 77-38b-205, an actor who 1216 commits a violation of Subsection (2) may also be liable for: 1217 (a) statutory damages in the amount of three times the value of damages resulting from 1218 the violation of Subsection (2) or $500, whichever is greater; and 1219 (b) reasonable attorney fees not to exceed $250, and court costs. 1220 (6) Civil damages under Subsection (5) may be collected in a separate action by the 1221 property owner or the owner's assignee. 1222 Section 19. Section 76-9-202 is amended to read: 1223 76-9-202. Emergency reporting -- Interference -- False report. 1224 (1) As used in this section: 1225 (a) "Emergency" means a situation in which property or human life is in jeopardy and 1226 the prompt summoning of aid is essential to the preservation of human life or property. 1227 (b) "Party line" means a subscriber's line or telephone circuit: 1228 (i) that consists of two or more connected main telephone stations; and 1229 (ii) where each telephone station has a distinctive ring or telephone number. 1230 (2) An actor is guilty of emergency reporting abuse if the actor: 1231 (a) intentionally refuses to yield or surrender the use of a party line or a public pay 1232 telephone to another individual upon being informed that the telephone is needed to report a 1233 fire or summon police, medical, or other aid in case of emergency, unless the telephone is Enrolled Copy H.B. 257 - 45 - 1234 likewise being used for an emergency call; 1235 (b) asks for or requests the use of a party line or a public pay telephone on the pretext 1236 that an emergency exists, knowing that no emergency exists; 1237 (c) reports an emergency or causes an emergency to be reported to any public, private, 1238 or volunteer entity whose purpose is to respond to fire, police, or medical emergencies, when 1239 the actor knows the reported emergency does not exist; [or] 1240 (d) makes a false report, or intentionally aids, abets, or causes a third party to make a 1241 false report, to an emergency response service, including a law enforcement dispatcher or a 911 1242 emergency response service, if the false report claims that: 1243 (i) an ongoing emergency exists; 1244 (ii) the emergency described in Subsection (2)(d)(i) currently involves, or involves an 1245 imminent threat of, serious bodily injury, serious physical injury, or death; and 1246 (iii) the emergency described in Subsection (2)(d)(i) is occurring at a specified 1247 location[.]; or 1248 (e) makes a false report after having previously made a false report, or intentionally 1249 aides, abets, or causes a third party to make a false report, to an emergency response service, 1250 including a law enforcement dispatcher or a 911 emergency response service, alleging a 1251 violation of Section 63G-31-302 regarding a sex-designated changing room. 1252 (3) (a) A violation of Subsection (2)(a) or (b) is a class C misdemeanor. 1253 (b) A violation of Subsection (2)(c) is a class B misdemeanor, except as provided 1254 under Subsection (3)(c). 1255 (c) A violation of Subsection (2)(c) is a second degree felony if the report is regarding 1256 a weapon of mass destruction, as defined in Section 76-10-401. 1257 (d) A violation of Subsection (2)(d): 1258 (i) except as provided in Subsection (3)(d)(ii), is a third degree felony; or 1259 (ii) is a second degree felony if: 1260 (A) while acting in response to the report, the emergency responder causes physical 1261 injury to an individual at the location described in Subsection (2)(d)(iii); or H.B. 257 Enrolled Copy - 46 - 1262 (B) the actor makes the false report or aids, abets, or causes a third party to make the 1263 false report with intent to ambush, attack, or otherwise harm a responding law enforcement 1264 officer or emergency responder. 1265 (e) A violation of Subsection (2)(e) is a class B misdemeanor. 1266 (4) (a) In addition to any other penalty authorized by law, a court shall order an actor 1267 convicted of a violation of this section to reimburse: 1268 (i) any federal, state, or local unit of government, or any private business, organization, 1269 individual, or entity for all expenses and losses incurred in responding to the violation; and 1270 (ii) an individual described in Subsection (3)(d)(ii) for the costs for the treatment of the 1271 physical injury and any psychological injury caused by the offense. 1272 (b) The court may order that the defendant pay less than the full amount of the costs 1273 described in Subsection (4)(a) only if the court states on the record the reasons why the 1274 reimbursement would be inappropriate. 1275 Section 20. Section 76-9-702 is amended to read: 1276 76-9-702. Lewdness. 1277 (1) A person is guilty of lewdness if the person under circumstances not amounting to 1278 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual 1279 abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations 1280 under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2, custodial 1281 sexual relations with youth receiving state services under Section 76-5-413, custodial sexual 1282 misconduct with youth receiving state services under Section 76-5-413.2, or an attempt to 1283 commit any of these offenses, performs any of the following acts in a public place or under 1284 circumstances which the person should know will likely cause affront or alarm to, on, or in the 1285 presence of another who is 14 years old or older: 1286 (a) an act of sexual intercourse or sodomy; 1287 (b) exposes his or her genitals, the female breast below the top of the areola, the 1288 buttocks, the anus, or the pubic area; 1289 (c) masturbates; or Enrolled Copy H.B. 257 - 47 - 1290 (d) any other act of lewdness. 1291 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is 1292 guilty of a class B misdemeanor, except under Subsection (2)(b). 1293 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony 1294 if at the time of the violation: 1295 (i) the person is a sex offender as defined in Section 77-27-21.7; 1296 (ii) the person has been previously convicted two or more times of violating Subsection 1297 (1); [or] 1298 (iii) the person has previously been convicted of a violation of Subsection (1) and has 1299 also previously been convicted of a violation of Section 76-9-702.5[.]; 1300 (iv) the person commits the offense of lewdness while also committing the offense of: 1301 (A) criminal trespass in a sex-designated changing room under Subsection 1302 76-6-206(2)(d); 1303 (B) lewdness involving a child under Section 76-9-702.5; 1304 (C) voyeurism under Section 76-9-702.7; or 1305 (D) loitering in a privacy space under Section 76-9-702.8; or 1306 (v) the person commits the offense of lewdness in a sex-designated privacy space, as 1307 defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex. 1308 (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102(18), a plea of 1309 guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77, 1310 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction. 1311 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been 1312 subsequently reduced or dismissed in accordance with the plea in abeyance agreement. 1313 (3) (a) As used in this Subsection (3): 1314 (i) "Common area of a privacy space" means any area of a privacy space other than: 1315 (A) a toilet stall with a closed door; 1316 (B) immediately in front of a urinal during use; or 1317 (C) a shower stall with a closed door or other closed covering. H.B. 257 Enrolled Copy - 48 - 1318 (ii) "Privacy space" means the same as that term is defined in Section 76-9-702.8. 1319 (b) The common area of a privacy space constitutes a public place or circumstance 1320 described in Subsection (1) where an act or an attempted act described in Subsection (1) 1321 constitutes lewdness. 1322 (c) Within the common area of a dressing room, fitting room, locker room, changing 1323 facility, or any other space designated for multiple individuals to dress or undress within the 1324 same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond 1325 with the sex designation of the changing room constitutes an act or an attempted act described 1326 in Subsection (1) that constitutes lewdness. 1327 [(3)] (4) A woman's breast feeding, including breast feeding in any location where the 1328 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, 1329 irrespective of whether or not the breast is covered during or incidental to feeding. 1330 Section 21. Section 76-9-702.5 is amended to read: 1331 76-9-702.5. Lewdness involving a child. 1332 (1) As used in this section[,]: 1333 (a) "[in] In the presence of" includes within visual contact through an electronic device. 1334 (b) "Common area of a privacy space" means the same as that term is defined in 1335 Section 76-9-702. 1336 (c) "Privacy space" means the same as that term is defined in Section 76-9-702.8. 1337 (2) A person is guilty of lewdness involving a child if the person under circumstances 1338 not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a 1339 child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, 1340 intentionally or knowingly: 1341 (a) does any of the following in the presence of a child who is under 14 years of age: 1342 (i) performs an act of sexual intercourse or sodomy; 1343 (ii) exposes his or her genitals, the female breast below the top of the areola, the 1344 buttocks, the anus, or the pubic area: 1345 (A) in a public place; or Enrolled Copy H.B. 257 - 49 - 1346 (B) in a private place under circumstances the person should know will likely cause 1347 affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child; 1348 (iii) masturbates; or 1349 (iv) performs any other act of lewdness; or 1350 (b) under circumstances not amounting to sexual exploitation of a child under Section 1351 76-5b-201 or aggravated sexual exploitation of a child under Section 76-5b-201.1, causes a 1352 child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the 1353 actor, with the intent to arouse or gratify the sexual desire of the actor or the child. 1354 (3) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection 1355 (3)(b). 1356 (b) Lewdness involving a child is a third degree felony if at the time of the violation: 1357 (i) the person is a sex offender as defined in Section 77-27-21.7; [or] 1358 (ii) the person has previously been convicted of a violation of this section[.]; 1359 (iii) the person commits the offense of lewdness involving a child while also 1360 committing the offense of: 1361 (A) criminal trespass in a sex-designated changing room under Subsection 1362 76-6-206(2)(d); 1363 (B) lewdness under Section 76-9-702; 1364 (C) voyeurism under Section 76-9-702.7; or 1365 (D) loitering in a privacy space under Section 76-9-702.8; or 1366 (iv) the person commits the offense of lewdness involving a child in a sex-designated 1367 privacy space, as defined in Section 76-9-702.8, that is not designated for individuals of the 1368 actor's sex. 1369 (4) (a) The common area of a privacy space constitutes a public place or circumstance 1370 described in Subsection (1) where an act or an attempted act described in Subsection (1) 1371 constitutes lewdness involving a child. 1372 (b) Within the common area of a government entity's dressing room, fitting room, 1373 locker room, changing facility, or any other space designated for multiple individuals to dress H.B. 257 Enrolled Copy - 50 - 1374 or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that 1375 does not correspond with the sex designation of the changing room constitutes an act or an 1376 attempted act described in Subsection (1) that constitutes lewdness involving a child. 1377 Section 22. Section 76-9-702.7 is amended to read: 1378 76-9-702.7. Voyeurism offenses -- Penalties. 1379 (1) A person is guilty of voyeurism who intentionally uses any type of technology to 1380 secretly or surreptitiously record, by video, photograph, or other means, an individual: 1381 (a) for the purpose of viewing any portion of the individual's body regarding which the 1382 individual has a reasonable expectation of privacy, whether or not that portion of the body is 1383 covered with clothing; 1384 (b) without the knowledge or consent of the individual; and 1385 (c) under circumstances in which the individual has a reasonable expectation of 1386 privacy. 1387 (2) (a) [A] Except as provided in Subsection (2)(b), a violation of Subsection (1) is a 1388 class A misdemeanor[, except that]. 1389 (b) The following is a third degree felony: 1390 (i) a violation of Subsection (1) committed against a child under 14 years of age [is a 1391 third degree felony.]; 1392 (ii) a violation of Subsection (1) committed while also committing the offense of: 1393 (A) criminal trespass in a sex-designated changing room under Subsection 1394 76-6-206(2)(d); 1395 (B) lewdness under Section 76-9-702; 1396 (C) lewdness involving a child under Section 76-9-702.5; or 1397 (D) loitering in a privacy space under Section 76-9-702.8; or 1398 (iii) a violation of Subsection (1) in a sex-designated privacy space, as defined in 1399 Section 76-9-702.8, that is not designated for individuals of the actor's sex. 1400 (3) Distribution or sale of any images, including in print, electronic, magnetic, or 1401 digital format, obtained under Subsection (1) by transmission, display, or dissemination is a Enrolled Copy H.B. 257 - 51 - 1402 third degree felony, except that if the violation of this Subsection (3) includes images of a child 1403 under 14 years of age, the violation is a second degree felony. 1404 (4) A person is guilty of voyeurism who, under circumstances not amounting to a 1405 violation of Subsection (1), views or attempts to view an individual, with or without the use of 1406 any instrumentality: 1407 (a) with the intent of viewing any portion of the individual's body regarding which the 1408 individual has a reasonable expectation of privacy, whether or not that portion of the body is 1409 covered with clothing; 1410 (b) without the knowledge or consent of the individual; and 1411 (c) under circumstances in which the individual has a reasonable expectation of 1412 privacy. 1413 (5) (a) [A] Except as provided in Subsection (5)(b), a violation of Subsection (4) is a 1414 class B misdemeanor[, except that]. 1415 (b) The following is a class A misdemeanor: 1416 (i) a violation of Subsection (4) committed against a child under 14 years of age is a 1417 class A misdemeanor[.]; 1418 (ii) a violation of Subsection (4) committed while also committing the offense of: 1419 (A) criminal trespass in a sex-designated changing room under Subsection 1420 76-6-206(2)(d); 1421 (B) lewdness under Section 76-9-702; 1422 (C) lewdness involving a child under Section 76-9-702.5; or 1423 (D) loitering in a privacy space under Section 76-9-702.8; or 1424 (iii) a violation of Subsection (4) committed in a sex-designated privacy space, as 1425 defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex. 1426 (6) For purposes of this section, an individual has a reasonable expectation of privacy 1427 within a public restroom. 1428 Section 23. Section 76-9-702.8 is enacted to read: 1429 76-9-702.8. Loitering in a privacy space. H.B. 257 Enrolled Copy - 52 - 1430 (1) As used in this section: 1431 (a) "Privacy space" means the following in which an individual has a reasonable 1432 expectation of privacy: 1433 (i) a restroom or any other space that includes a toilet; 1434 (ii) a dressing room, fitting room, locker room, changing facility, or any other space 1435 designated for multiple individuals to dress or undress within the same space; or 1436 (iii) any room or space that includes a shower. 1437 (b) "Sex-designated" means that a facility, program, or event is designated specifically 1438 for males or females and not the opposite sex. 1439 (2) An actor commits the offense of unlawfully loitering in a privacy space if the actor 1440 intentionally or knowingly remains unlawfully in a privacy space. 1441 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class 1442 B misdemeanor. 1443 (b) A violation of Subsection (4) is a class A misdemeanor if the actor commits the 1444 offense: 1445 (i) while also committing the offense of: 1446 (A) criminal trespass in a sex-designated changing room under Subsection 1447 76-6-206(2)(d); 1448 (B) lewdness under Section 76-9-702; 1449 (C) lewdness involving a child under Section 76-9-702.5; or 1450 (D) voyeurism under Section 76-9-702.7; or 1451 (ii) in a sex-designated privacy space that is not designated for individuals of the actor's 1452 sex. 1453 Section 24. Effective date. 1454 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members 1455 elected to each house, this bill takes effect upon approval by the governor, or the day following 1456 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's 1457 signature, or in the case of a veto, the date of veto override. Enrolled Copy H.B. 257 - 53 - 1458 (2) The actions affecting the following sections take effect on May 1, 2024: 1459 (a) Section 63G-31-401; 1460 (b) Section 67-3-1; and 1461 (c) Section 67-5-1.