Text of IN HB 1362 (2026)

Introduced Version HOUSE BILL No. 1362 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 4-1-15; IC 11-8-11; IC 20-33-13.6; IC 21-39-10; IC 31-31-11. Synopsis: Privacy protections in public institutions. Requires each public school, state educational institution, correctional facility, juvenile detention facility, and certain governmental entities to designate a multiple occupancy restroom or changing area as follows: (1) For the exclusive use of the male sex. (2) For the exclusive use of the female sex. Provides, with exceptions, that an individual may only use a multiple occupancy restroom or changing area that is designated for the sex that is the individual's sex, as determined at birth in accordance with the individual's genetics and reproductive biology. Establishes a civil action for a violation of these provisions. Prohibits each public school, correctional facility, state educational institution, juvenile detention facility, and certain governmental entities from requiring certain individuals to share sleeping quarters with a member of the opposite sex, as determined at birth in accordance with the individual's genetics and reproductive biology, unless the individual who is a member of the opposite sex is a family member. Establishes a civil action for a violation of these provisions. Effective: July 1, 2026. King January 8, 2026, read first time and referred to Committee on Judiciary. 2026 IN 1362—LS 6978/DI 152 Introduced Second Regular Session of the 124th General Assembly (2026) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2025 Regular Session of the General Assembly. HOUSE BILL No. 1362 A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 4-1-15 IS ADDED TO THE INDIANA CODE AS 2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2026]: 4 Chapter 15. Physical Privacy of Hoosiers 5 Sec. 1. (a) As used in this chapter, "multiple occupancy 6 restroom or changing area" means a room or area in a public 7 building that may be used by more than one (1) individual at a time 8 and in which individuals may be in various stages of undress in the 9 presence of other individuals. 10 (b) The term includes a restroom, locker room, changing room, 11 and shower room. 12 (c) The term does not include a single occupancy restroom, 13 locker room, changing room, or shower room. 14 Sec. 2. (a) As used in this chapter, "public building" means a 15 structure or part of a structure owned or leased by: 16 (1) the state government; 17 (2) a county government; or 2026 IN 1362—LS 6978/DI 152 2 1 (3) the government of a city, town, or township. 2 (b) The term does not include a: 3 (1) correctional facility, as defined in IC 11-8-11-1; 4 (2) juvenile detention facility, as defined in IC 31-31-8-2; 5 (3) school, as defined in IC 20-33-13.6-2; or 6 (4) state educational institution. 7 Sec. 3. As used in this chapter, "sleeping quarters" means a 8 room with a bed in which more than one (1) individual is housed 9 overnight. 10 Sec. 4. Each governmental entity that owns or leases a public 11 building subject to this chapter shall designate each multiple 12 occupancy restroom or changing area as follows: 13 (1) For the exclusive use of the male sex. 14 (2) For the exclusive use of the female sex. 15 Sec. 5. (a) Subject to subsection (b), an individual may only use 16 a multiple occupancy restroom or changing area that is designated 17 for the sex that is the individual's sex, as determined at birth in 18 accordance with the individual's genetics and reproductive biology. 19 (b) An individual does not violate subsection (a) if the: 20 (1) multiple occupancy restroom or changing area has been 21 temporarily designated for use by the opposite sex; or 22 (2) individual is entering a multiple occupancy restroom or 23 changing area for one (1) or more of the following reasons: 24 (A) For custodial, maintenance, or inspection purposes. 25 (B) To render medical or emergency assistance. 26 (C) To accompany an individual needing assistance if the 27 individual assisting the individual needing assistance is the 28 individual's parent or caregiver. 29 Sec. 6. During any activity or event authorized by a 30 governmental entity, a governmental entity may not require an 31 individual less than eighteen (18) years of age to share sleeping 32 quarters in a public building with a member of the opposite sex, as 33 determined at birth in accordance with the individual's genetics 34 and reproductive biology, unless the individual who is a member 35 of the opposite sex is a member of the individual less than eighteen 36 (18) years of age's family. 37 Sec. 7. (a) An individual who encounters an individual violating 38 section 5 of this chapter may bring a civil action against the 39 governmental entity if the governmental entity: 40 (1) provided the individual who violated section 5 of this 41 chapter permission to use a multiple occupancy restroom or 42 changing area that is designated for the sex that is not the 2026 IN 1362—LS 6978/DI 152 3 1 individual's sex; or 2 (2) failed to take reasonable steps to prohibit the individual 3 who violated section 5 of this chapter from using a multiple 4 occupancy restroom or changing area that is designated for 5 the sex that is not the individual's sex; 6 as determined at birth in accordance with the individual's genetics 7 and reproductive biology. 8 (b) If a governmental entity violates section 6 of this chapter, an 9 individual who is directly or indirectly injured as a result of the 10 violation may bring a civil action against the governmental entity. 11 (c) An action described in this section must be commenced 12 within two (2) years of the violation. 13 Sec. 8. The court may award to an individual who prevails in an 14 action under section 7 of this chapter any of the following: 15 (1) Injunctive relief. 16 (2) Declaratory judgment. 17 (3) Costs and reasonable attorney's fees. 18 Sec. 9. Nothing in this chapter prohibits a governmental entity 19 that leases or owns a public building subject to this chapter from: 20 (1) providing a single occupancy restroom, locker room, 21 changing room, or shower room; or 22 (2) adopting policies necessary to accommodate individuals 23 protected under the Americans with Disabilities Act (42 24 U.S.C. 12101 et seq.) and any amendments and regulations 25 related to the Act. 26 SECTION 2. IC 11-8-11 IS ADDED TO THE INDIANA CODE AS 27 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 28 1, 2026]: 29 Chapter 11. Physical Privacy in Correctional Facilities 30 Sec. 1. As used in this chapter, "correctional facility" has the 31 meaning set forth in IC 5-1.2-2-11. 32 Sec. 2. (a) As used in this chapter, "multiple occupancy 33 restroom or changing area" means a room or area in a 34 correctional facility that may be used by more than one (1) 35 individual at a time and in which individuals may be in various 36 stages of undress in the presence of other individuals. 37 (b) The term includes a restroom, locker room, changing room, 38 and shower room. 39 (c) The term does not include a single occupancy restroom, 40 locker room, changing room, or shower room. 41 Sec. 3. As used in this chapter, "sleeping quarters" means a 42 room with a bed in which more than one (1) individual is housed 2026 IN 1362—LS 6978/DI 152 4 1 overnight. 2 Sec. 4. Each correctional facility shall designate each multiple 3 occupancy restroom or changing area as follows: 4 (1) For the exclusive use of the male sex. 5 (2) For the exclusive use of the female sex. 6 Sec. 5. (a) Subject to subsection (b), an individual may only use 7 a multiple occupancy restroom or changing area that is designated 8 for the sex that is the individual's sex, as determined at birth in 9 accordance with the individual's genetics and reproductive biology. 10 (b) An individual does not violate subsection (a) if the: 11 (1) multiple occupancy restroom or changing area has been 12 temporarily designated for use by the opposite sex; or 13 (2) individual is entering a multiple occupancy restroom or 14 changing area for one (1) or more of the following reasons: 15 (A) For custodial, maintenance, or inspection purposes. 16 (B) To render medical or emergency assistance. 17 (C) To accompany an individual needing assistance if the 18 individual assisting the individual needing assistance is the 19 individual's parent or caregiver. 20 Sec. 6. A correctional facility may not require a committed 21 person to share sleeping quarters with a member of the opposite 22 sex, as determined at birth in accordance with the individual's 23 genetics and reproductive biology, unless the individual who is a 24 member of the opposite sex is a member of the committed person's 25 family. 26 Sec. 7. (a) An individual who encounters an individual violating 27 section 5 of this chapter may bring a civil action against the 28 correctional facility if the correctional facility: 29 (1) provided the individual who violated section 5 of this 30 chapter permission to use a multiple occupancy restroom or 31 changing area that is designated for the sex that is not the 32 individual's sex; or 33 (2) failed to take reasonable steps to prohibit the individual 34 who violated section 5 of this chapter from using a multiple 35 occupancy restroom or changing area that is designated for 36 the sex that is not the individual's sex; 37 as determined at birth in accordance with the individual's genetics 38 and reproductive biology. 39 (b) If a correctional facility violates section 6 of this chapter, an 40 individual who is directly or indirectly injured as a result of the 41 violation may bring a civil action against the correctional facility. 42 (c) An action described in this section must be commenced 2026 IN 1362—LS 6978/DI 152 5 1 within two (2) years of the violation. 2 Sec. 8. The court may award to an individual who prevails in an 3 action under section 7 of this chapter any of the following: 4 (1) Injunctive relief. 5 (2) Declaratory judgment. 6 (3) Costs and reasonable attorney's fees. 7 Sec. 9. Nothing in this chapter prohibits a correctional facility 8 from: 9 (1) providing single occupancy sleeping quarters or a single 10 occupancy restroom, locker room, changing room, or shower 11 room; or 12 (2) adopting policies necessary to accommodate individuals 13 protected under the Americans with Disabilities Act (42 14 U.S.C. 12101 et seq.) and any amendments and regulations 15 related to the Act. 16 SECTION 3. IC 20-33-13.6 IS ADDED TO THE INDIANA CODE 17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2026]: 19 Chapter 13.6. Physical Privacy of Students 20 Sec. 1. (a) As used in this chapter, "multiple occupancy 21 restroom or changing area" means a room or area in a school 22 building that may be used by more than one (1) student at a time 23 and in which students may be in various stages of undress in the 24 presence of other individuals. 25 (b) The term includes a restroom, locker room, changing room, 26 and shower room. 27 (c) The term does not include a single occupancy restroom, 28 locker room, changing room, or shower room. 29 Sec. 2. As used in this chapter, "school" means any: 30 (1) school maintained by a school corporation; or 31 (2) charter school; 32 that provides instruction to students in any combination of 33 kindergarten through grade 12. 34 Sec. 3. As used in this chapter, "sleeping quarters" means a 35 room with a bed in which more than one (1) individual is housed 36 overnight. 37 Sec. 4. Each school shall designate each multiple occupancy 38 restroom or changing area as follows: 39 (1) For the exclusive use of the male sex. 40 (2) For the exclusive use of the female sex. 41 Sec. 5. (a) Subject to subsection (b), an individual may only use 42 a multiple occupancy restroom or changing area that is designated 2026 IN 1362—LS 6978/DI 152 6 1 for the sex that is the individual's sex, as determined at birth in 2 accordance with the individual's genetics and reproductive biology. 3 (b) An individual does not violate subsection (a) if the: 4 (1) multiple occupancy restroom or changing area has been 5 temporarily designated for use by the opposite sex; or 6 (2) individual is entering a multiple occupancy restroom or 7 changing area for one (1) or more of the following reasons: 8 (A) For custodial, maintenance, or inspection purposes. 9 (B) To render medical or emergency assistance. 10 (C) To provide coaching or athletic training during athletic 11 events, provided that the individual took reasonable steps 12 to ensure no individuals are in a state of undress prior to 13 entering. 14 (D) To accompany a student needing assistance if the 15 individual assisting the student is the student's parent or 16 caregiver. 17 Sec. 6. During any activity or event authorized by a school in 18 which students share sleeping quarters, a school may not require 19 a student to share sleeping quarters with a member of the opposite 20 sex, as determined at birth in accordance with the individual's 21 genetics and reproductive biology, unless the individual of the 22 opposite sex is a member of the student's family. 23 Sec. 7. (a) An individual who encounters an individual violating 24 section 5 of this chapter may bring a civil action against the school 25 corporation or school if the school corporation or school: 26 (1) provided the individual who violated section 5 of this 27 chapter permission to use a multiple occupancy restroom or 28 changing area that is designated for the sex that is not the 29 individual's sex; or 30 (2) failed to take reasonable steps to prohibit the individual 31 who violated section 5 of this chapter from using a multiple 32 occupancy restroom or changing area that is designated for 33 the sex that is not the individual's sex; 34 as determined at birth in accordance with the individual's genetics 35 and reproductive biology. 36 (b) If a school or school corporation violates section 6 of this 37 chapter, an individual who is directly or indirectly injured as a 38 result of the violation may bring a civil action against the school or 39 school corporation. 40 (c) An action described in this section must be commenced 41 within two (2) years of the violation. 42 Sec. 8. The court may award to an individual who prevails in an 2026 IN 1362—LS 6978/DI 152 7 1 action under section 7 of this chapter any of the following: 2 (1) Injunctive relief. 3 (2) Declaratory judgment. 4 (3) Costs and reasonable attorney's fees. 5 Sec. 9. Nothing in this chapter prohibits a school corporation or 6 school from: 7 (1) providing a single occupancy restroom, locker room, 8 changing room, or shower room; or 9 (2) adopting policies necessary to accommodate individuals 10 protected under the Americans with Disabilities Act (42 11 U.S.C. 12101 et seq.) and any amendments and regulations 12 related to the Act. 13 SECTION 4. IC 21-39-10 IS ADDED TO THE INDIANA CODE 14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2026]: 16 Chapter 10. Physical Privacy of Students 17 Sec. 1. (a) As used in this chapter, "multiple occupancy 18 restroom or changing area" means a room or area in a state 19 educational institution building that may be used by more than one 20 (1) student at a time and in which students may be in various stages 21 of undress in the presence of other individuals. 22 (b) The term includes a restroom, locker room, changing room, 23 and shower room. 24 (c) The term does not include a single occupancy restroom, 25 locker room, changing room, or shower room. 26 Sec. 2. As used in this chapter, "sleeping quarters" means a 27 room with a bed in which more than one (1) individual is housed 28 overnight. 29 Sec. 3. Each state educational institution shall designate each 30 multiple occupancy restroom or changing area as follows: 31 (1) For the exclusive use of the male sex. 32 (2) For the exclusive use of the female sex. 33 Sec. 4. (a) Subject to subsection (b), an individual may only use 34 a multiple occupancy restroom or changing area that is designated 35 for the sex that is the individual's sex, as determined at birth in 36 accordance with the individual's genetics and reproductive biology. 37 (b) An individual does not violate subsection (a) if the: 38 (1) multiple occupancy restroom or changing area has been 39 temporarily designated for use by the opposite sex; 40 (2) individual is entering a multiple occupancy restroom or 41 changing area for one (1) or more of the following reasons: 42 (A) For custodial, maintenance, or inspection purposes. 2026 IN 1362—LS 6978/DI 152 8 1 (B) To render medical or emergency assistance. 2 (C) To accompany a student needing assistance if the 3 individual assisting the student is the student's parent or 4 caregiver; or 5 (3) individual or student is entering a multiple occupancy 6 restroom or changing area to assist the individual's or 7 student's child. 8 Sec. 5. A state educational institution may not require a student 9 to share sleeping quarters with a member of the opposite sex, as 10 determined at birth in accordance with the individual's genetics 11 and reproductive biology: 12 (1) during any activity or event authorized by a state 13 educational institution; or 14 (2) in state educational institution on campus housing; 15 unless the individual who is a member of the opposite sex is a 16 member of the student's family. 17 Sec. 6. (a) An individual who encounters an individual violating 18 section 4 of this chapter may bring a civil action against the state 19 educational institution if the state educational institution: 20 (1) provided the individual who violated section 4 of this 21 chapter permission to use a multiple occupancy restroom or 22 changing area that is designated for the sex that is not the 23 individual's sex; or 24 (2) failed to take reasonable steps to prohibit the individual 25 who violated section 4 of this chapter from using a multiple 26 occupancy restroom or changing area that is designated for 27 the sex that is not the individual's sex; 28 as determined at birth in accordance with the individual's genetics 29 and reproductive biology. 30 (b) If a state educational institution violates section 5 of this 31 chapter, an individual who is directly or indirectly injured as a 32 result of the violation may bring a civil action against the state 33 educational institution. 34 (c) An action described in this section must be commenced 35 within two (2) years of the violation. 36 Sec. 7. The court may award to an individual who prevails in an 37 action under section 6 of this chapter any of the following: 38 (1) Injunctive relief. 39 (2) Declaratory judgment. 40 (3) Costs and reasonable attorney's fees. 41 Sec. 8. Nothing in this chapter prohibits a state educational 42 institution from: 2026 IN 1362—LS 6978/DI 152 9 1 (1) providing single occupancy sleeping quarters or a single 2 occupancy restroom, locker room, changing room, or shower 3 room; or 4 (2) adopting policies necessary to accommodate individuals 5 protected under the Americans with Disabilities Act (42 6 U.S.C. 12101 et seq.) and any amendments and regulations 7 related to the Act. 8 SECTION 5. IC 31-31-11 IS ADDED TO THE INDIANA CODE 9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2026]: 11 Chapter 11. Physical Privacy in Juvenile Detention Facilities 12 Sec. 1. As used in this chapter, "juvenile detention facility" has 13 the meaning set forth in IC 31-31-8-2. 14 Sec. 2. (a) As used in this chapter, "multiple occupancy 15 restroom or changing area" means a room or area in a juvenile 16 detention facility that may be used by more than one (1) individual 17 at a time and in which individuals may be in various stages of 18 undress in the presence of other individuals. 19 (b) The term includes a restroom, locker room, changing room, 20 and shower room. 21 (c) The term does not include a single occupancy restroom, 22 locker room, changing room, or shower room. 23 Sec. 3. As used in this chapter, "sleeping quarters" means a 24 room with a bed in which more than one (1) individual is housed 25 overnight. 26 Sec. 4. Each juvenile detention facility shall designate each 27 multiple occupancy restroom or changing area as follows: 28 (1) For the exclusive use of the male sex. 29 (2) For the exclusive use of the female sex. 30 Sec. 5. (a) Subject to subsection (b), an individual may only use 31 a multiple occupancy restroom or changing area that is designated 32 for the sex that is the individual's sex, as determined at birth in 33 accordance with the individual's genetics and reproductive biology. 34 (b) An individual does not violate subsection (a) if the: 35 (1) multiple occupancy restroom or changing area has been 36 temporarily designated for use by the opposite sex; or 37 (2) individual is entering a multiple occupancy restroom or 38 changing area for one (1) or more of the following reasons: 39 (A) For custodial, maintenance, or inspection purposes. 40 (B) To render medical or emergency assistance. 41 (C) To accompany an individual needing assistance if the 42 individual assisting the individual needing assistance is the 2026 IN 1362—LS 6978/DI 152 10 1 individual's parent or caregiver. 2 Sec. 6. A juvenile detention facility may not require a juvenile 3 to share sleeping quarters with a member of the opposite sex, as 4 determined at birth in accordance with the individual's genetics 5 and reproductive biology, unless the individual who is a member 6 of the opposite sex is a member of the juvenile's family. 7 Sec. 7. (a) An individual who encounters an individual violating 8 section 5 of this chapter may bring a civil action against the 9 juvenile detention facility if the juvenile detention facility: 10 (1) provided the individual who violated section 5 of this 11 chapter permission to use a multiple occupancy restroom or 12 changing area that is designated for the sex that is not the 13 individual's sex; or 14 (2) failed to take reasonable steps to prohibit the individual 15 who violated section 5 of this chapter from using a multiple 16 occupancy restroom or changing area that is designated for 17 the sex that is not the individual's sex; 18 as determined at birth in accordance with the individual's genetics 19 and reproductive biology. 20 (b) If a juvenile detention facility violates section 6 of this 21 chapter, an individual who is directly or indirectly injured as a 22 result of the violation may bring a civil action against the juvenile 23 detention facility. 24 (c) An action described in this section must be commenced 25 within two (2) years of the violation. 26 Sec. 8. The court may award to an individual who prevails in an 27 action under section 7 of this chapter any of the following: 28 (1) Injunctive relief. 29 (2) Declaratory judgment. 30 (3) Costs and reasonable attorney's fees. 31 Sec. 9. Nothing in this chapter prohibits a juvenile detention 32 facility from: 33 (1) providing single occupancy sleeping quarters or a single 34 occupancy restroom, locker room, changing room, or shower 35 room; or 36 (2) adopting policies necessary to accommodate individuals 37 protected under the Americans with Disabilities Act (42 38 U.S.C. 12101 et seq.) and any amendments and regulations 39 related to the Act. 2026 IN 1362—LS 6978/DI 152