(a) As used in this section:(1) “Changing room” means the same as defined under § 22-3-2201;(2) (A) “Correctional facility” means a local correctional facility that has the power to detain or restrain a person under the laws of the state, including without limitation facilities operated by the Division of Correction or the Division of Community Correction.(B) “Correctional facility” does not include a temporary municipal holding facility;(3) “Facility” means a correctional facility or a juvenile detention facility;(4) “Female” means the same as defined under § 22-3-2201;(5) “Juvenile detention facility” means any facility for the temporary care of juveniles alleged to be delinquent or adjudicated delinquent and awaiting disposition who require secure custody in a physically restraining facility designed and operated with all entrances and exits under the exclusive control of the facility's staff so that the juvenile may not leave the facility unsupervised or without permission under § 12-41-803;(6) “Male” means the same as defined under § 22-3-2201;(7) “Multi-occupancy” means the same as defined under § 22-3-2201;(8) “Restroom” means the same as defined under § 22-3-2201;(9) “Sex” means the same as defined under § 22-3-2201; and(10) “Sleeping quarter” means the same as defined under § 22-3-2201.
(1) “Changing room” means the same as defined under § 22-3-2201;
(2) (A) “Correctional facility” means a local correctional facility that has the power to detain or restrain a person under the laws of the state, including without limitation facilities operated by the Division of Correction or the Division of Community Correction.(B) “Correctional facility” does not include a temporary municipal holding facility;
(A) “Correctional facility” means a local correctional facility that has the power to detain or restrain a person under the laws of the state, including without limitation facilities operated by the Division of Correction or the Division of Community Correction.
(B) “Correctional facility” does not include a temporary municipal holding facility;
(3) “Facility” means a correctional facility or a juvenile detention facility;
(4) “Female” means the same as defined under § 22-3-2201;
(5) “Juvenile detention facility” means any facility for the temporary care of juveniles alleged to be delinquent or adjudicated delinquent and awaiting disposition who require secure custody in a physically restraining facility designed and operated with all entrances and exits under the exclusive control of the facility's staff so that the juvenile may not leave the facility unsupervised or without permission under § 12-41-803;
(6) “Male” means the same as defined under § 22-3-2201;
(7) “Multi-occupancy” means the same as defined under § 22-3-2201;
(8) “Restroom” means the same as defined under § 22-3-2201;
(9) “Sex” means the same as defined under § 22-3-2201; and
(10) “Sleeping quarter” means the same as defined under § 22-3-2201.
(b) A facility shall designate each multi-occupancy restroom, changing room, and sleeping quarter for the exclusive use of females or males.
(c) (1) Every restroom, changing room, or sleeping quarter in a facility that is designated for the exclusive use of females or males shall only be used by members of the designated sex.(2) A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex.(3) A facility shall not require a person to share a sleeping quarter with a member of the opposite sex.
(1) Every restroom, changing room, or sleeping quarter in a facility that is designated for the exclusive use of females or males shall only be used by members of the designated sex.
(2) A person shall not enter a restroom or changing room that is designated for the exclusive use of females or males unless he or she is a member of the designated sex.
(3) A facility shall not require a person to share a sleeping quarter with a member of the opposite sex.
(d) A facility shall take reasonable steps to provide an individual with privacy in a designated restroom, changing room, and sleeping quarter from use by a member of the opposite sex.
(e) This section shall not apply to a person who enters a restroom, changing room, or sleeping quarter designated for the opposite sex to:(1) Perform custodial services or maintenance;(2) Render medical assistance;(3) Perform duties arising under the course and scope of employment as a law enforcement officer, employee, or contractor;(4) Seek protection in a designated shelter area during a threat of an emergency or a natural disaster;(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety; or(6) Address, supervise, or treat athletes that the individual is overseeing as a coach or an athletics personnel member during a reasonable time before an athletic event, during an athletic event, or immediately following an athletic event if:(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and(B) An adult other than the coach or the athletics personnel member is also present.
(1) Perform custodial services or maintenance;
(2) Render medical assistance;
(3) Perform duties arising under the course and scope of employment as a law enforcement officer, employee, or contractor;
(4) Seek protection in a designated shelter area during a threat of an emergency or a natural disaster;
(5) Provide aid during a threat of a natural disaster or a serious threat to good order or safety; or
(6) Address, supervise, or treat athletes that the individual is overseeing as a coach or an athletics personnel member during a reasonable time before an athletic event, during an athletic event, or immediately following an athletic event if:(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and(B) An adult other than the coach or the athletics personnel member is also present.
(A) The coach or the athletics personnel member verifies that no person is in a state of undress at any time while the coach or the athletics personnel member is present; and
(B) An adult other than the coach or the athletics personnel member is also present.
(f) This section shall not be construed to prohibit a facility from:(1) Adopting policies necessary to accommodate:(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;(B) Young children in need of assistance; or(C) Elderly persons requiring aid;(2) Establishing a single-occupancy restroom, changing room, or sleeping quarter, or a family restroom, changing room, or sleeping quarter;(3) Redesignating a multi-occupancy restroom, changing room, or sleeping quarter designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex; or(4) Assigning a transgender or intersex inmate in a housing or programming assignment on a case-by-case basis to ensure the health and safety of the inmate under 28 C.F.R. § 115.42, as it existed on January 1, 2025.
(1) Adopting policies necessary to accommodate:(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;(B) Young children in need of assistance; or(C) Elderly persons requiring aid;
(A) Persons protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1, 2025;
(B) Young children in need of assistance; or
(C) Elderly persons requiring aid;
(2) Establishing a single-occupancy restroom, changing room, or sleeping quarter, or a family restroom, changing room, or sleeping quarter;
(3) Redesignating a multi-occupancy restroom, changing room, or sleeping quarter designated for exclusive use by one (1) sex to a designation for exclusive use by the opposite sex; or
(4) Assigning a transgender or intersex inmate in a housing or programming assignment on a case-by-case basis to ensure the health and safety of the inmate under 28 C.F.R. § 115.42, as it existed on January 1, 2025.
(g) A person in a restroom or changing room designated for use by his or her sex who encounters a person of the opposite sex has a private cause of action for damages and declaratory and injunctive relief against the facility in which the restroom or changing room is located if the facility:(1) Provided the person of the opposite sex permission to use a restroom or changing room of the opposite sex; or(2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.
(1) Provided the person of the opposite sex permission to use a restroom or changing room of the opposite sex; or
(2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.
(h) A person required by the facility to share a sleeping quarter designated for use by his or her sex with a person of the opposite sex has a private cause of action for damages and declaratory and injunctive relief against the facility.
(i) (1) A civil action brought pursuant to subsection (g) or subsection (h) of this section shall be commenced within two (2) years of the date the cause of action arises.(2) A person who prevails in a civil action brought under subsection (g) or subsection (h) of this section may recover reasonable attorney's fees and costs from the offending facility.
(1) A civil action brought pursuant to subsection (g) or subsection (h) of this section shall be commenced within two (2) years of the date the cause of action arises.
(2) A person who prevails in a civil action brought under subsection (g) or subsection (h) of this section may recover reasonable attorney's fees and costs from the offending facility.