Text of AR HB 1668 (2025)

Stricken language would be deleted from and underlined language would be added to present law. *JMB140* 03/03/2025 4:52:47 PM JMB140 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1668 3 4 By: Representative Bentley 5 By: Senator A. Clark 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE VULNERABLE YOUTH PROTECTION ACT; 9 TO AUTHORIZE A CIVIL ACTION FOR SOCIAL TRANSITIONING 10 AND CASTRATION, STERILIZATION, OR MUTILATION OF A 11 MINOR; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO CREATE THE VULNERABLE YOUTH 16 PROTECTION ACT; AND TO AUTHORIZE A CIVIL 17 ACTION FOR SOCIAL TRANSITIONING AND 18 CASTRATION, STERILIZATION, OR MUTILATION 19 OF A MINOR. 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code Title 16, is amended to add an additional 24 chapter to read as follows: 25 CHAPTER 132 26 VULNERABLE YOUTH PROTECTION ACT 27 28 16-132-101. Title. 29 This chapter shall be known and may be cited as the "Vulnerable Youth 30 Protection Act". 31 32 16-132-102. Definitions. 33 As used in this chapter: 34 (1)(A) "Castration, sterilization, or mutilation" means any of 35 the following procedures or treatments regardless of who performs or provides 36 HB1668 2 03/03/2025 4:52:47 PM JMB140 those procedures or treatments: 1 (i) A surgery that sterilizes the child, including: 2 (a) Castration; 3 (b) Vasectomy; 4 (c) Hysterectomy; 5 (d) Oophorectomy; 6 (e) Metoidioplasty; 7 (f) Orchiectomy; 8 (g) Penectomy; 9 (h) Phalloplasty; and 10 (i) Vaginoplasty; 11 (ii) A mastectomy; 12 (iii) The provision, prescription, administration, 13 or dispensing any of the following prescription drugs that induce transient 14 or permanent infertility: 15 (a) Puberty suppression or blocking 16 prescription drugs to stop or delay normal puberty; 17 (b) Supraphysiologic doses of testosterone to 18 females; or 19 (c) Supraphysiologic doses of estrogen to 20 males; or 21 (iv) Remove any otherwise healthy or non-diseased 22 body part or tissue. 23 (B) "Castration, sterilization, or mutilation" does not 24 include any of the following procedures or treatments: 25 (i) Puberty suppression or blocking prescription 26 drugs for the purpose of normalizing puberty for a minor experiencing 27 precocious puberty; 28 (ii) Appropriate and medically necessary procedures 29 or treatments to a child who: 30 (a) Is born with a medically verifiable 31 genetic disorder of sex development, including: 32 (1) 46, XX chromosomes with 33 virilization; 34 (2) 46, XY chromosomes with 35 undervirilization; or 36 HB1668 3 03/03/2025 4:52:47 PM JMB140 (3) Both ovarian and testicular tissue; 1 or 2 (b) Does not have the normal sex chromosome 3 structure for male or female as determined by a physician through genetic 4 testing; or 5 (iii) The provision of a prescription drug to a 6 minor if: 7 (a) The prescription drug is part of a 8 continuing course of treatment that the child began before June 1, 2025; and 9 (b) The minor attended twelve (12) or more 10 sessions of mental health counseling or psychotherapy for at least six (6) 11 months before the date the course of treatment began; 12 (2) "Minor" means an individual who is younger than eighteen 13 (18) years of age; and 14 (3) "Social transitioning" means any act by which a minor adopts 15 or espouses a gender identity that differs from the minor’s biological sex as 16 determined by the sex organs, chromosomes, and endogenous profiles of the 17 minor, including without limitation changes in clothing, pronouns, hairstyle, 18 and name. 19 20 16-132-103. Civil action — Liability. 21 (a)(1) Any person who causes or contributes to the social 22 transitioning of a minor or the castration, sterilization, or mutilation of a 23 minor shall be strictly and jointly and severally liable to the minor and the 24 minor’s parents for any personal injuries or harm resulting from the social 25 transitioning or the castration, sterilization, or mutilation of the minor. 26 (2) A person shall not be held liable under this section for 27 speech or conduct protected by the First Amendment of the United States 28 Constitution. 29 (b) Notwithstanding any other law, a person may bring an action under 30 this chapter not later than fifteen (15) years after the date that the cause 31 of action accrues. 32 (c) A civil action under this chapter shall not be brought against any 33 person that acted at the behest of federal agencies, contractors, or 34 employees that are carrying out duties under federal law, if the imposition 35 of liability upon that person would violate the doctrines of preemption or 36 HB1668 4 03/03/2025 4:52:47 PM JMB140 intergovernmental immunity. 1 2 16-132-104. Recovery. 3 A person who prevails in a suit brought under this chapter may recover: 4 (1) Nominal damages; 5 (2) Compensatory damages; 6 (3) Statutory damages in an amount of not less than ten thousand 7 dollars ($10,000) from each defendant, in addition to any compensatory 8 damages that may be awarded; 9 (4) Punitive damages in an amount of not less than ten million 10 dollars ($10,000,000) from each defendant if irreversible sterilization or 11 sexual dysfunction results, in addition to any compensatory damages that may 12 be awarded; and 13 (5) Court costs and reasonable attorney’s fees. 14 15 16-132-105. Affirmative defenses. 16 It is an affirmative defense under this chapter that: 17 (1) The imposition of liability on the defendant will violate 18 constitutional or federally protected rights that belong to the defendant 19 personally; or 20 (2) The defendant: 21 (A) Has standing to assert the rights of a third party 22 under the tests for third-party standing established by the United States 23 Supreme Court; and 24 (B) Demonstrates that the imposition of liability on the 25 defendant will violate constitutional or federally protected rights belonging 26 to the third party. 27 28 16-132-106. Void defenses. 29 Notwithstanding any other law, the following are not a defense to an 30 action brought under this chapter: 31 (1) Ignorance or mistake of law; 32 (2) A defendant’s belief that the requirements or provisions of 33 this chapter are unconstitutional or were unconstitutional; 34 (3) A defendant’s reliance on any court decision that has been 35 vacated, reversed, or overruled on appeal or by a subsequent court, even if 36 HB1668 5 03/03/2025 4:52:47 PM JMB140 that court decision had not been vacated, reversed, or overruled when the 1 conduct occurred; 2 (4) A defendant’s reliance on any state or federal court 3 decision that is not binding on the court in which the action has been 4 brought; 5 (5) A defendant's reliance on any federal statute, agency rule 6 or action, or treaty that has been repealed, superseded, or declared invalid 7 or unconstitutional, even if that federal statute, agency rule or action, or 8 treaty had not been repealed, superseded, or declared invalid or 9 unconstitutional when the conduct occurred; 10 (6) A nonmutual issue preclusion or nonmutual claim preclusion; 11 (7) The consent of the plaintiff to the defendant’s conduct; 12 (8) Contributory or comparative negligence; 13 (9) Assumption of risk; 14 (10) Lack of but-for or proximate causation; 15 (11) Sovereign immunity, governmental immunity, official 16 immunity, or qualified immunity; 17 (12) The plaintiff’s waiver or purported waiver of his or her 18 right to sue under this chapter; 19 (13) The plaintiff’s failure to exhaust administrative remedies; 20 or 21 (14) A claim that the enforcement of this chapter or the 22 imposition of civil liability against the defendant will violate the 23 constitutional rights of third parties, except as provided under §16-132- 24 103(a)(2). 25 26 16-132-107. Enforcement as private civil action. 27 (a) This chapter shall be enforced exclusively through a private civil 28 action. 29 (b) The state, a political subdivision of the state, a district or 30 county attorney, or any officer or employee of this state or a political 31 subdivision shall not: 32 (1) Take or threaten direct or indirect enforcement of this 33 chapter against any person or entity; 34 (2) Use the conduct described under § 16-132-103 to justify or 35 trigger the enforcement of any other law or any type of adverse consequence 36 HB1668 6 03/03/2025 4:52:47 PM JMB140 under any other law, except through a private civil action; 1 (3) Act in concert or participate with anyone who brings suit 2 under this chapter; 3 (4) Establish or attempt to establish any type of agency or 4 fiduciary relationship with a person who brings suit under this chapter; 5 (5) Make any attempt to control or influence a person's decision 6 to bring suit under this chapter or the person's conduct of the litigation; 7 or 8 (6)(A) Intervene in any action brought under this chapter. 9 (B) Subdivision (b)(6)(A) of this section does not 10 prohibit the state, a political subdivision of the state, a district or 11 county attorney, or any officer or employee of this state or a political 12 subdivision from filing an amicus curiae brief in the action if the state, a 13 political subdivision of the state, a district or county attorney, or any 14 officer or employee of this state or a political subdivision does not act in 15 concert or participate with the plaintiff. 16 (c) This section does not preclude or limit the enforcement of any 17 other law or rule that independently regulates he same conduct as described 18 in § 16-132-103. 19 (d) A private civil action brought under this subchapter is subject to 20 the Citizen Participation in Government Act, § 16-63-501 et seq., or the 21 Religious Freedom Restoration Act, § 16-123-401 et seq. 22 23 16-132-108. Immunity. 24 (a) Except as provided in subsection (b) of this section, in any 25 action, claim, counterclaim, or any type of legal or equitable action that 26 challenges the validity or enforceability of any provision or application of 27 this subchapter, on constitutional grounds or otherwise, or that seeks to 28 prevent or enjoin the state, its political subdivisions, or any officer, 29 employee, or agent of this state or a political subdivision from enforcing 30 any provision or application of this chapter, or from hearing, adjudicating, 31 or docketing a civil action brought under this chapter: 32 (1) The state and each of its officers and employees shall have 33 sovereign immunity; 34 (2) The political subdivisions of the state and each of their 35 officers and employees shall have governmental immunity; and 36 HB1668 7 03/03/2025 4:52:47 PM JMB140 (3) Each officer and employee of this state or a political 1 subdivision shall have qualified immunity. 2 (b) The immunity provided under subsection (a) of this section may be 3 abrogated or preempted by federal law in a manner consistent with the United 4 States Constitution. 5 (c) The immunity provided under subsection (a) of this section shall 6 apply in every court, both state and federal, and in every adjudicative 7 proceeding of any type whatsoever. 8 (d) State law shall not waive or abrogate an immunity provided under 9 subsection (a) of this section unless the state law expressly waives or 10 abrogates immunity with specific reference to this section. 11 (e) An attorney representing the state, its political subdivisions, or 12 any officer, employee, or agent of this state or a political subdivision 13 shall not: 14 (1) Waive an immunity provided under subsection (a) of this 15 section; or 16 (2)(A) Take any action that would result in a waiver of the 17 immunity provided under subsection (a) of this section. 18 (B) Any action or purported waiver shall be regarded as a 19 legal nullity and an ultra vires act. 20 21 16-132-109. Applicability. 22 (a)(1) This chapter applies to any treatment for social transitioning 23 of a minor or the castration, sterilization, or mutilation of a minor 24 provided to a resident or minor of this state, regardless of where that 25 treatment occurred, and to any civil action brought under this chapter. 26 (2) Any contractual choice-of-law provision that purports to 27 require the law of a different jurisdiction to apply shall be void as against 28 public policy and shall not be enforced in this state. 29 (b) This chapter shall apply extraterritorially to the maximum extent 30 permitted by the United States Constitution and the Arkansas Constitution. 31 (c) This chapter does not limit or preclude a defendant from asserting 32 the unconstitutionality of any provision or application of state law as a 33 defense to liability under this chapter or from asserting any other defense 34 that might be available under any other source of law. 35 36 HB1668 8 03/03/2025 4:52:47 PM JMB140 SECTION 2. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 1 this act or the application of this act to any person or circumstance is held 2 invalid, the invalidity shall not affect other provisions or applications of 3 this act which can be given effect without the invalid provision or 4 application, and to this end, the provisions of this act are declared 5 severable. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36