Text of KY HB 5 (2025)

UNOFFICIAL COPY 25 RS BR 424 Page 1 of 7 XXXX 2/7/2025 4:15 PM Jacketed AN ACT relating to correctional facilities. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO 3 READ AS FOLLOWS: 4 All incarcerated youth are subject to search at any time. Searches shall be conducted in 5 a professional and respectful manner, in the least intrusive manner possible, and 6 consistent with security needs. 7 SECTION 2. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO 8 READ AS FOLLOWS: 9 (1) As used in this section: 10 (a) "Changing room" means a room or area in which a person may be in a 11 state of undress in the presence of others, including a locker room or 12 shower room; 13 (b) "Female" means an individual whose biological reproductive system is 14 developed to produce ova; who has, had, will have or would have, but for a 15 developmental or genetic anomaly or historical accident, the reproductive 16 system that at some point produces, transports, and utilizes eggs for 17 fertilization; 18 (c) "Male" means an individual whose biological reproductive system is 19 developed to fertilize the ova of a female; who has, had, will have or would 20 have, but for a developmental or genetic anomaly or historical accident, the 21 reproductive system that at some point produces, transports, and utilizes 22 sperm for fertilization; 23 (d) "Sex" means an individual's biological sex, either male or female, as 24 observed or clinically verified at birth. Gender identity and other subjective 25 terms shall not be used as synonyms or substitutes for sex; and 26 (e) "Sleeping quarters" means a room with more than one (1) bed and in 27 UNOFFICIAL COPY 25 RS BR 424 Page 2 of 7 XXXX 2/7/2025 4:15 PM Jacketed which more than one (1) individual is housed overnight. 1 (2) A facility shall designate each multi-occupancy restroom, changing room, and 2 sleeping quarters for the exclusive use of either females, males, or members of 3 the same family. 4 (3) (a) A restroom, changing room, or sleeping quarters within a facility that is 5 designated for females or males shall be used only by members of that sex. 6 An individual shall not enter a restroom, changing room, or sleeping 7 quarters that is designated for females or males unless he or she is a 8 member of that sex. 9 (b) A facility shall take reasonable steps to provide individuals with privacy in 10 restrooms, changing rooms, and sleeping quarters from members of the 11 opposite sex. 12 (4) This section does not apply to an individual who enters a restroom, changing 13 room, or sleeping quarters designated for the opposite sex to: 14 (a) Perform custodial services or maintenance; 15 (b) Render medical assistance; 16 (c) Render assistance by law enforcement; or 17 (d) Provide services or render aid during a natural disaster, a declared 18 emergency, or when necessary to prevent a serious threat to good order or 19 safety. 20 (5) This section shall not be construed to prohibit a facility from adopting policies 21 necessary to accommodate persons protected under the Americans with 22 Disabilities Act when using restrooms, changing rooms, or sleeping quarters. 23 SECTION 3. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 24 READ AS FOLLOWS: 25 All inmates are subject to search at any time. Searches shall be conducted in a 26 professional and respectful manner, in the least intrusive manner possible, and 27 UNOFFICIAL COPY 25 RS BR 424 Page 3 of 7 XXXX 2/7/2025 4:15 PM Jacketed consistent with security needs. 1 SECTION 4. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 2 READ AS FOLLOWS: 3 (1) As used in this section: 4 (a) "Cosmetic service" or "elective procedure" means any procedure, 5 treatment, or surgery to enhance or alter appearance to any areas of the 6 head, neck, and body, including but not limited to: 7 1. Prescribing or administering cross-sex hormones in amounts greater 8 than would normally be produced endogenously in a healthy person of 9 the same age and sex; and 10 2. Performing any gender reassignment surgery to alter or remove 11 physical or anatomical characteristics or features that are typical for a 12 person’s sex in order to instill or create physiological or anatomical 13 characteristics that resemble a different sex; 14 (b) "Public funds" means any money, regardless of the original source of the 15 money, of: 16 1. The Commonwealth of Kentucky, and any department, agency, or 17 instrumentality thereof; 18 2. Any county, city, local school district, or special district, and any 19 department, agency, or instrumentality thereof; and 20 3. Any other political subdivision of the Commonwealth, and any 21 department, agency, or instrumentality thereof; and 22 (c) "Sex" means the biological indication of male and female as evidenced by 23 sex chromosomes, naturally occurring sex hormones, gonads, and 24 nonambiguous internal and external genitalia present at birth. 25 (2) Except as provided in subsection (3) of this section, public funds shall not be 26 directly or indirectly used, granted, paid, or distributed for the purpose of 27 UNOFFICIAL COPY 25 RS BR 424 Page 4 of 7 XXXX 2/7/2025 4:15 PM Jacketed providing a cosmetic service or elective procedure to an inmate in a correctional 1 facility. 2 (3) The prohibitions of subsection (2) of this section do not include prescribing or 3 administering cross-sex hormones to an inmate if the inmate was undergoing this 4 treatment upon admission to the correctional facility and physical harm would 5 result from its discontinuation. 6 SECTION 5. A NEW SECTION OF KRS CHAPTER 197 IS CREATED TO 7 READ AS FOLLOWS: 8 (1) As used in this section: 9 (a) "Changing room" means a room or area in which a person may be in a 10 state of undress in the presence of others, including a locker room or 11 shower room; 12 (b) "Female" means an individual whose biological reproductive system is 13 developed to produce ova; who has, had, will have or would have, but for a 14 developmental or genetic anomaly or historical accident, the reproductive 15 system that at some point produces, transports, and utilizes eggs for 16 fertilization; 17 (c) "Male" means an individual whose biological reproductive system is 18 developed to fertilize the ova of a female; who has, had, will have or would 19 have, but for a developmental or genetic anomaly or historical accident, the 20 reproductive system that at some point produces, transports, and utilizes 21 sperm for fertilization; 22 (d) "Sex" means an individual's biological sex, either male or female, as 23 observed or clinically verified at birth. Gender identity and other subjective 24 terms shall not be used as synonyms or substitutes for sex; and 25 (e) "Sleeping quarters" means a room with more than one (1) bed and in 26 which more than one (1) individual is housed overnight. 27 UNOFFICIAL COPY 25 RS BR 424 Page 5 of 7 XXXX 2/7/2025 4:15 PM Jacketed (2) A correctional facility shall designate each multi-occupancy restroom, changing 1 room, and sleeping quarters for the exclusive use of either females, males, or 2 members of the same family. 3 (3) (a) A restroom, changing room, or sleeping quarters within a correctional 4 facility that is designated for females or males shall be used only by 5 members of that sex. An individual shall not enter a restroom, changing 6 room, or sleeping quarters that is designated for females or males unless he 7 or she is a member of that sex. 8 (b) A correctional facility shall take reasonable steps to provide individuals with 9 privacy in restrooms, changing rooms, and sleeping quarters from members 10 of the opposite sex. 11 (4) This section does not apply to an individual who enters a restroom, changing 12 room, or sleeping quarters designated for the opposite sex to: 13 (a) Perform custodial services or maintenance; 14 (b) Render medical assistance; 15 (c) Render assistance by law enforcement; or 16 (d) Provide services or render aid during a natural disaster, a declared 17 emergency, or when necessary to prevent a serious threat to good order or 18 safety. 19 (5) This section shall not be construed to prohibit a correctional facility from 20 adopting policies necessary to accommodate persons protected under the 21 Americans with Disabilities Act when using restrooms, changing rooms, or 22 sleeping quarters. 23 SECTION 6. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 24 READ AS FOLLOWS: 25 All prisoners are subject to search at any time. Searches shall be conducted in a 26 professional and respectful manner, in the least intrusive manner possible, and 27 UNOFFICIAL COPY 25 RS BR 424 Page 6 of 7 XXXX 2/7/2025 4:15 PM Jacketed consistent with security needs. 1 SECTION 7. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO 2 READ AS FOLLOWS: 3 (1) As used in this section: 4 (a) "Changing room" means a room or area in which a person may be in a 5 state of undress in the presence of others, including a locker room or 6 shower room; 7 (b) "Female" means an individual whose biological reproductive system is 8 developed to produce ova; who has, had, will have or would have, but for a 9 developmental or genetic anomaly or historical accident, the reproductive 10 system that at some point produces, transports, and utilizes eggs for 11 fertilization; 12 (c) "Male" means an individual whose biological reproductive system is 13 developed to fertilize the ova of a females; who has, had, will have or would 14 have, but for a developmental or genetic anomaly or historical accident, the 15 reproductive system that at some point produces, transports, and utilizes 16 sperm for fertilization; 17 (d) "Sex" means an individual's biological sex, either male or female, as 18 observed or clinically verified at birth. Gender identity and other subjective 19 terms shall not be used as synonyms or substitutes for sex; and 20 (e) "Sleeping quarters" means a room with more than one (1) bed and in 21 which more than one (1) individual is housed overnight. 22 (2) A jail shall designate each multi-occupancy restroom, changing room, and 23 sleeping quarters for the exclusive use of either females, males, or members of 24 the same family. 25 (3) (a) A restroom, changing room, or sleeping quarters within a jail that is 26 designated for females or males shall be used only by members of that sex. 27 UNOFFICIAL COPY 25 RS BR 424 Page 7 of 7 XXXX 2/7/2025 4:15 PM Jacketed An individual shall not enter a restroom, changing room, or sleeping 1 quarters that is designated for females or males unless he or she is a 2 member of that sex. 3 (b) A jail shall take reasonable steps to provide individuals with privacy in 4 restrooms, changing rooms, and sleeping quarters from members of the 5 opposite sex. 6 (4) This section does not apply to an individual who enters a restroom, changing 7 room, or sleeping quarters designated for the opposite sex to: 8 (a) Perform custodial services or maintenance; 9 (b) Render medical assistance; 10 (c) Render assistance by law enforcement; or 11 (d) Provide services or render aid during a natural disaster, a declared 12 emergency, or when necessary to prevent a serious threat to good order or 13 safety. 14 (5) This section shall not be construed to prohibit a jail from adopting policies 15 necessary to accommodate persons protected under the Americans with 16 Disabilities Act when using restrooms, changing rooms, or sleeping quarters. 17