LEGISLATIVE GENERAL COUNSEL H.B. 257
6 Approved for Filing: M. Curtis 6 4th Sub. (Green)
6 01-25-24 11:50 AM 6
Senator Daniel W. Thatcher proposes the following substitute bill:
1 SEX-BASED DESIGNATIONS FOR PRIVACY, ANTI-BULLYING, AND
2 WOMEN'S OPPORTUNITIES
3 2024 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kera Birkeland
6 Senate Sponsor: Daniel McCay
7
8 LONG TITLE
9 General Description:
10 This bill establishes a standard regarding distinctions on the basis of sex and applies the
11 standard in certain facilities and opportunities where designations on the basis of sex
12 address individual privacy, bullying, and women's opportunities.
13 Highlighted Provisions:
14 This bill:
15 < defines terms;
16 < defines certain terms for the entire Utah Code;
17 < establishes a legal standard for distinctions on the basis of sex in certain publicly
18 owned or controlled circumstances;
19 < establishes acceptable and prohibited distinctions on the basis of sex;
20 < requires local education agencies to establish a privacy plan with parents and 4th Sub. H.B. 257
21 students in certain cases to address gender identity and fear of bullying in restroom,
22 shower, or locker room facilities that students use within the public education
23 system;
24 < enacts provisions regarding shower or locker room facilities where the general
25 public has an expectation of privacy;
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26 < establishes components of the crimes of voyeurism and criminal trespass for certain
27 actions within a shower or locker room;
28 < requires government entities to:
29 C report allegations of certain criminal offenses to law enforcement;
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 committing multiple offenses
40 concurrently within a public restroom, shower, or locker room;
41 < enacts a criminal offense for loitering in a restroom, shower, or locker room where
42 the general public has an expectation of privacy;
43 < establishes elements of the crime of emergency reporting abuse for making repeated
44 false reports alleging a violation of a sex-designation in a publicly owned or
45 controlled shower or locker room facility where the general public has an
46 expectation of privacy; and
47 < makes technical and conforming changes.
48 Money Appropriated in this Bill:
49 None
50 Other Special Clauses:
51 This bill provides a special effective date.
52 Utah Code Sections Affected:
53 AMENDS:
54 53G-6-1101, as enacted by Laws of Utah 2022, Chapter 398
55 53G-8-211, as last amended by Laws of Utah 2023, Chapter 161
56 67-3-1, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480
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57 67-5-1, as last amended by Laws of Utah 2023, Chapter 330
58 68-3-12.5, as last amended by Laws of Utah 2021, Chapter 93
59 76-6-206, as last amended by Laws of Utah 2023, Chapter 111
60 76-9-202, as last amended by Laws of Utah 2022, Chapter 161
61 76-9-702, as last amended by Laws of Utah 2023, Chapter 123
62 76-9-702.5, as last amended by Laws of Utah 2022, Chapter 185
63 76-9-702.7, as last amended by Laws of Utah 2023, Chapter 411
64 ENACTS:
65 63G-31-101, Utah Code Annotated 1953
66 63G-31-102, Utah Code Annotated 1953
67 63G-31-201, Utah Code Annotated 1953
68 63G-31-202, Utah Code Annotated 1953
69 63G-31-301, Utah Code Annotated 1953
70 63G-31-302, Utah Code Annotated 1953
71 63G-31-303, Utah Code Annotated 1953
72 63G-31-304, Utah Code Annotated 1953
73 63G-31-401, Utah Code Annotated 1953
74 63G-31-402, Utah Code Annotated 1953
75 76-9-702.8, Utah Code Annotated 1953
76
77 Be it enacted by the Legislature of the state of Utah:
78 Section 1. Section 53G-6-1101 is amended to read:
79 53G-6-1101. Report -- Action plan.
80 (1) As used in this section:
81 (a) "Gender-designated interscholastic sport" means a sport that is specifically
82 designated for female or male students.
83 (b) "Interscholastic sport" means an activity in which a student represents the student's
84 school in the sport in competition against another school.
85 (c) "School" means a public school that sponsors or offers an interscholastic sport in
86 which students enrolled at the school may participate.
87 (d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
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88 1681 et seq.
89 (2) Before the beginning of each academic year, the athletic director or another
90 administrator of each school shall report to the school's local governing board regarding:
91 (a) the number and type of interscholastic sports available at the school, categorized by
92 gender designation;
93 (b) the number of students competing in a gender-designated interscholastic sport at the
94 school, categorized by gender;
95 (c) the amount of spending that the school devotes to each gender-designated sport,
96 reported in total amount and on a per-student basis;
97 (d) a comparison and evaluation of designated practice and game locations in
98 gender-designated interscholastic sports;
99 (e) any information regarding the school's efforts in compliance with Title 63G,
100 Chapter 31, Part 2, Distinctions on the Basis of Sex, and Title IX [compliance]; and
101 (f) if there is a discrepancy between male-designated and female-designated sports of
102 10% or greater, an action plan that the school develops to address the discrepancy.
103 (3) An LEA governing board that receives the report described in Subsection (2) shall
104 review the report in a public board meeting.
105 Section 2. Section 53G-8-211 is amended to read:
106 53G-8-211. Responses to school-based behavior.
107 (1) As used in this section:
108 (a) "Evidence-based" means a program or practice that has:
109 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
110 program or practice is effective for a specific population;
111 (ii) been rated as effective by a standardized program evaluation tool; or
112 (iii) been approved by the state board.
113 (b) "Habitual truant" means a school-age child who:
114 (i) is in grade 7 or above, unless the school-age child is under 12 years old;
115 (ii) is subject to the requirements of Section 53G-6-202; and
116 (iii) (A) is truant at least 10 times during one school year; or
117 (B) fails to cooperate with efforts on the part of school authorities to resolve the
118 school-age child's attendance problem as required under Section 53G-6-206.
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119 (c) "Minor" means the same as that term is defined in Section 80-1-102.
120 (d) "Mobile crisis outreach team" means the same as that term is defined in Section
121 62A-15-102.
122 (e) "Prosecuting attorney" means the same as that term is defined in Subsections
123 80-1-102(65)(b) and (c).
124 (f) "Restorative justice program" means a school-based program or a program used or
125 adopted by a local education agency that is designed:
126 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
127 enforcement agencies and courts; and
128 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
129 school.
130 (g) "School administrator" means a principal of a school.
131 (h) "School is in session" means a day during which the school conducts instruction for
132 which student attendance is counted toward calculating average daily membership.
133 (i) "School resource officer" means a law enforcement officer, as defined in Section
134 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
135 with a local education agency to provide law enforcement services for the local education
136 agency.
137 (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
138 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
139 clinic, or other event or activity that is authorized by a specific local education agency or public
140 school, according to LEA governing board policy, and satisfies at least one of the following
141 conditions:
142 (A) the activity is managed or supervised by a local education agency or public school,
143 or local education agency or public school employee;
144 (B) the activity uses the local education agency's or public school's facilities,
145 equipment, or other school resources; or
146 (C) the activity is supported or subsidized, more than inconsequentially, by public
147 funds, including the public school's activity funds or Minimum School Program dollars.
148 (ii) "School-sponsored activity" includes preparation for and involvement in a public
149 performance, contest, athletic competition, demonstration, display, or club activity.
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150 (l) (i) "Status offense" means an offense that would not be an offense but for the age of
151 the offender.
152 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
153 felony.
154 (2) This section applies to a minor enrolled in school who is alleged to have committed
155 an offense on school property where the student is enrolled:
156 (a) when school is in session; or
157 (b) during a school-sponsored activity.
158 (3) If a minor is alleged to have committed an offense on school property that is a class
159 C misdemeanor, an infraction, or a status offense, the school administrator, the school
160 administrator's designee, or a school resource officer may refer the minor:
161 (a) to an evidence-based alternative intervention, including:
162 (i) a mobile crisis outreach team;
163 (ii) a youth services center, as defined in Section 80-5-102;
164 (iii) a youth court or comparable restorative justice program;
165 (iv) an evidence-based alternative intervention created and developed by the school or
166 school district;
167 (v) an evidence-based alternative intervention that is jointly created and developed by a
168 local education agency, the state board, the juvenile court, local counties and municipalities,
169 the Department of Health and Human Services; or
170 (vi) a tobacco cessation or education program if the offense is a violation of Section
171 76-10-105; or
172 (b) for prevention and early intervention youth services, as described in Section
173 80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an
174 evidence-based alternative intervention described in Subsection (3)(a).
175 (4) Except as provided in Subsection (5), if a minor is alleged to have committed an
176 offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
177 school administrator, the school administrator's designee, or a school resource officer may refer
178 a minor to a law enforcement officer or agency or a court only if:
179 (a) the minor allegedly committed the same offense on school property on two previous
180 occasions; and
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181 (b) the minor was referred to an evidence-based alternative intervention, or to
182 prevention or early intervention youth services, as described in Subsection (3) for both of the
183 two previous offenses.
184 (5) If a minor is alleged to have committed a traffic offense that is an infraction, a
185 school administrator, the school administrator's designee, or a school resource officer may refer
186 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
187 traffic offense.
188 (6) Notwithstanding Subsection (4), a school resource officer may:
189 (a) investigate possible criminal offenses and conduct, including conducting probable
190 cause searches;
191 (b) consult with school administration about the conduct of a minor enrolled in a
192 school;
193 (c) transport a minor enrolled in a school to a location if the location is permitted by
194 law;
195 (d) take temporary custody of a minor in accordance with Section 80-6-201; or
196 (e) protect the safety of students and the school community, including the use of
197 reasonable and necessary physical force when appropriate based on the totality of the
198 circumstances.
199 (7) (a) If a minor is referred to a court or a law enforcement officer or agency under
200 Subsection (4), the school or the school district shall appoint a school representative to
201 continue to engage with the minor and the minor's family through the court process.
202 (b) A school representative appointed under Subsection (7)(a) may not be a school
203 resource officer.
204 (c) A school district or school shall include the following in the school district's or
205 school's referral to the court or the law enforcement officer or agency:
206 (i) attendance records for the minor;
207 (ii) a report of evidence-based alternative interventions used by the school before the
208 referral, including outcomes;
209 (iii) the name and contact information of the school representative assigned to actively
210 participate in the court process with the minor and the minor's family;
211 (iv) if the minor was referred to prevention or early intervention youth services under
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212 Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the
213 minor's failure to complete or participate in prevention and early intervention youth services
214 under Subsection (3)(b); and
215 (v) any other information that the school district or school considers relevant.
216 (d) A minor referred to a court under Subsection (4) may not be ordered to or placed in
217 secure detention, including for a contempt charge or violation of a valid court order under
218 Section 78A-6-353, when the underlying offense is a status offense or infraction.
219 (e) If a minor is referred to a court under Subsection (4), the court may use, when
220 available, the resources of the Division of Juvenile Justice Services or the Division of
221 Substance Abuse and Mental Health to address the minor.
222 (8) If a minor is alleged to have committed an offense on school property that is a class
223 B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
224 designee, or a school resource officer may refer the minor directly to a court or to the
225 evidence-based alternative interventions in Subsection (3)(a).
226 (9) A school administrator, a school administrator's designee, and a school resource
227 officer retain the discretion described under this section if the offense is a violation of Section
228 63G-31-201.
229 Section 3. Section 63G-31-101 is enacted to read:
230 CHAPTER 31. Distinctions on the Basis of Sex
231 Part 1. General Provisions
232 63G-31-101. Definitions.
233 As used in this chapter:
234 (1) (a) "Changing room" means a space designated for multiple individuals to dress or
235 undress within the same space.
236 (b) "Changing room" includes:
237 (i) a dressing room, fitting room, locker room, or shower room; and
238 (ii) a restroom when a changing room contains or is attached to the restroom.
239 (2) (a) "Facility" means a publicly owned or controlled building, structure, or other
240 impro