Government entity facility compliance

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