Text of LA HB 608 (2024)

HLS 24RS-89 ORIGINAL 2024 Regular Session HOUSE BILL NO. 608 BY REPRESENTATIVES WILDER, AMEDEE, BACALA, BAMBURG, BAYHAM, BEAULLIEU, BERAULT, BILLINGS, BOURRIAQUE, BOYER, BUTLER, CARLSON, CARRIER, CARVER, CHENEVERT, COATES, COX, CREWS, DESHOTEL, DEWITT, DICKERSON, DOMANGUE, ECHOLS, EDMONSTON, EGAN, EMERSON, FARNUM, FIRMENT, GADBERRY, GALLE, GEYMANN, GLORIOSO, HEBERT, HORTON, ILLG, MIKE JOHNSON, KERNER, JACOB LANDRY, MACK, MCCORMICK, MCFARLAND, ORGERON, OWEN, ROMERO, SCHAMERHORN, SCHLEGEL, ST. BLANC, TARVER, THOMPSON, TURNER, VENTRELLA, VILLIO, WILEY, AND WYBLE AND SENATORS BASS, CLOUD, EDMONDS, FESI, HODGES, KLEINPETER, MIGUEZ, MIZELL, AND SEABAUGH CIVIL/LAW: Provides with respect to the definition of male and female 1 AN ACT 2 To enact Part I-A of Chapter 1 of Code Title I of Code Book I of Title 9 of the Louisiana 3 Revised Statutes of 1950, to be comprised of R.S. 9:55 through R.S. 9:65, relative 4 to women; to provide for the safety and protection of women; to provide relative to 5 distinctions between sexes; to provide for legislative intent; to provide for purposes; 6 to provide for definitions; to provide for a standard of review; to provide for causes 7 of action; to provide for application; to provide for remedies; and to provide for 8 related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. Part I-A of Chapter 1 of Code Title I of Code Book I of Title 9 of the 11 Louisiana Revised Statutes of 1950, comprised of R.S. 9:55 through R.S. 9:65 is hereby 12 enacted to read as follows: 13 PART 1-A. WOMEN'S SAFETY AND PROTECTION ACT 14 §55. Short title Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 This Part shall be known as and may be cited as the "Women's Safety and 2 Protection Act". 3 §56. Purpose 4 The purpose of this Part is all of the following: 5 (1) To clarify and reconcile the meaning of sex, male, female, and related 6 terms in state law. 7 (2) To provide protections for women and girls against sexual assault, 8 harassment, and violence in correctional facilities, juvenile detention facilities, 9 domestic violence shelters, dormitories, and restrooms, or where women have been 10 traditionally afforded safety and protection from acts of abuse committed by 11 biological men. 12 §57. Legislative findings 13 The legislature finds and declares that: 14 (1) "Physical differences between men and women, however, are enduring: 15 '[T]he two sexes are not fungible; a community made up exclusively of one [sex] is 16 different from a community composed of both.'" United States v. Virginia, et al, 518 17 U.S. 515, 533 (1996), citing Ballard v. United States, 329 U.S. 187, 193 (1946). 18 (2) The United States Supreme Court has recognized that there are 19 "'[i]nherent differences' between men and women", and that these differences 20 "remain cause for celebration, but not for denigration of the members of either sex 21 or for artificial constraints on an individual's opportunity" in United States v. 22 Virginia, et al, 518 U.S. 515, 533 (1996). 23 (3) The equal protection clause of the Fourteenth Amendment of the 24 Constitution of the United State of America allows for legislatures to enact facially 25 neutral laws of general applicability, such as biologically based definitions of sex. 26 (4) Biologically based definitions of sex have been consistently applied since 27 our nation's founding. 28 (5) Decades of opinions from the Supreme Court of the United States have 29 upheld the argument that biological distinctions between male and female are a Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 matter of scientific fact, and biological sex is an objectively defined category that has 2 obvious, immutable, and distinguishable characteristics. 3 §58. Definitions 4 For purposes of this part: 5 (1) "Boy" means a human male who is a minor. 6 (2) "Changing room" means a room or area in which a person may be in a 7 state of undress in the presence of others, including a locker room or shower room. 8 (3) "Correctional facilities" means a correctional facility owned and operated 9 by the state or the Louisiana Correctional Facilities Corporation housing prisoners 10 committed to the custody of the Department of Public Safety and Corrections. 11 (4) "Domestic violence shelter" means a community-based shelter for 12 victims of domestic violence that is managed by the Department of Children and 13 Family Services. 14 (5) "Father" means a parent who is of the male sex. 15 (6) "Female" means an individual whose biological reproductive system is 16 developed to produce ova; who has, had, will have or would have, but for a 17 developmental or genetic anomaly or historical accident the reproductive system that 18 at some point produces, transports, and utilizes eggs for fertilization. 19 (7) "Girl" means a human female who is a minor. 20 (8) "Juvenile Detention facilities" means a correctional facility that houses 21 minor prisoners including the Louisiana Training Institute for Juveniles and its 22 extension locations. 23 (9) "Male" means an individual whose biological reproductive system is 24 developed to fertilize the ova of a female who has, had, will have or would have, but 25 for a developmental or genetic anomaly or historical accident the reproductive 26 system that at some point produces, transports, and utilizes sperm for fertilization. 27 (10) "Man" means a human male that has reached the age of majority. 28 (11) "Mother" means a parent who is a member of the female sex. Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 (12) "Public school" means a school which is created pursuant to R.S. 2 17:1371 and R.S. 17:3971, et seq. 3 (13) "Restroom" means a room that includes one or more toilets or urinals. 4 (14) "Sex" means an individual biological sex, either male or female, as 5 observed or clinically verified at birth. Gender identity and other subjective terms 6 shall not apply to this Part and shall not be used as synonyms or substitutes for sex. 7 (15) "Sleeping quarters" means a room with more than one bed and in which 8 more than one individual is housed overnight. 9 (16) "Woman" means a human female who has reached the age of majority. 10 §59. Application of definitions; distinctions between the sexes 11 Notwithstanding any other provision of law to the contrary, any provision of 12 law enacted by the legislature or any rule adopted by a state agency or other entity 13 subject to the Administrative Procedures Act when applicable to an individual's sex 14 shall apply those definitions provided in R.S. 9:58. 15 §60. Safety and privacy of women and girls in facilities designated for biological 16 females 17 Notwithstanding any other provision of law to the contrary, no governmental 18 agency, as defined in R.S. 42:1102(2), shall prohibit distinctions between the sexes 19 with respect to athletics, correctional facilities, juvenile detention facilities, domestic 20 violence shelters, or other accommodation where biology, safety, or privacy are 21 implicated and that result in separate accommodations that are substantially related 22 to the important government interest of protecting the health, safety, and privacy of 23 individuals in such circumstances. 24 §61. Safety and Privacy in Domestic Violence Shelters 25 A. A domestic violence shelter shall designate each multi-occupancy 26 restroom, changing room, and sleeping quarters for the exclusive use of any one of 27 the following: 28 (1) Females. 29 (2) Males. Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 (3) Members of the same family. 2 B. A restroom, changing room, or sleeping quarters within a domestic 3 violence shelter that is designated for females or males shall be used only by 4 members of that sex. No individual shall enter a restroom, changing room, or 5 sleeping quarter that is designated for females or males unless he or she is a member 6 of that sex. 7 C. The domestic violence shelter shall take reasonable steps to provide 8 individuals with privacy in restrooms, changing rooms, and sleeping quarters from 9 members of the opposite sex. 10 D. This Section shall not apply to an individual who enters a restroom, 11 changing room, or sleeping quarters designated for the opposite sex in any of the 12 following circumstances: 13 (1) To perform custodial services or maintenance of a restroom, changing 14 room, or sleeping quarters that is normally used by the opposite sex. 15 (2) To render medical assistance. 16 (3) To render assistance by law enforcement. 17 (4) To 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 safety. 19 E. Nothing in this Section shall be construed to prohibit a domestic violence 20 shelter from adopting policies necessary to accommodate persons protected under 21 the Americans with Disabilities Act or young children in need of physical assistance 22 when using restrooms, changing facilities, or sleeping quarters. 23 §62. Safety and Privacy in Restrooms of Public Schools 24 A. A public school shall designate each restroom or changing room for the 25 exclusive use of either females, males, or members of the same family. 26 B.(1) A restroom or changing room within a public school that is designated 27 for males or females shall be used only by members of that same sex. No individual 28 shall enter a restroom or changing room that is designated for one sex unless he or 29 she is a member of that sex. Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 (2) The public school shall take reasonable steps to provide individuals with 2 privacy in restrooms and changing rooms from members of the opposite sex. 3 C. During any public school authorized activity or event where students 4 share sleeping quarters, no student shall share sleeping quarters with a member of 5 the opposite sex, unless such persons are members of the same family, such as a 6 parent, legal guardian, sibling, or grandparent and the student has received approval 7 from the parent or legal guardian to do so. 8 D. In any other public school facility or setting where a person may be in a 9 state of undress in the presence of others, school personnel shall provide separate, 10 private areas designated for use by persons based on their sex, and no person shall 11 enter these private areas unless he or she is a member of the designated sex. 12 E. This Section shall not apply to an individual who enters a restroom, 13 changing room, or sleeping quarters designated for the opposite sex in any of the 14 following circumstances: 15 (1) To perform custodial services or maintenance of a restroom, changing 16 room, or sleeping quarters that is normally used by the opposite sex. 17 (2) To render medical assistance. 18 (3) To render assistance by law enforcement. 19 (4) To provide services or render aid during a natural disaster, a declared 20 emergency, or when necessary to prevent a serious threat to good order or safety. 21 F. Nothing in this section shall be construed to prohibit a public school from 22 adopting policies necessary to accommodate persons protected under the Americans 23 with Disabilities Act or young children in need of physical assistance when using 24 restrooms, changing facilities, or sleeping quarters. 25 §63. Safety and Privacy in Correctional Facilities and Juvenile Detention Facilities 26 A. A correctional facility or juvenile detention facility shall designate each 27 multi-occupancy restroom, changing room, and sleeping quarters for the exclusive 28 use of either females, males, or members of the same family. Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 B.(1) A restroom, changing room, or sleeping quarters within a correctional 2 facility or juvenile detention facility that is designated for females or males shall be 3 used only by members of that sex. No individual shall enter a restroom, changing 4 room, or sleeping quarter that is designated for females or males unless he or she is 5 a member of that sex. 6 (2) A correctional facility or juvenile detention facility shall take reasonable 7 steps to provide individuals with privacy in restrooms, changing rooms, and sleeping 8 quarters from members of the opposite sex. 9 C. This Section shall not apply to an individual who enters a restroom, 10 changing room, or sleeping quarters designated for the opposite sex in any of the 11 following circumstances: 12 (1) To perform custodial services or maintenance of a restroom, changing 13 room, or sleeping quarters that is normally used by the opposite sex. 14 (2) To render medical assistance. 15 (3) To render assistance by law enforcement. 16 (4) To 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 safety. 18 D. Nothing in this Section shall be construed to prohibit a correctional 19 facility or juvenile detention facility from adopting policies necessary to 20 accommodate persons protected under the Americans with Disabilities Act or young 21 children in need of physical assistance when using restrooms, changing facilities, or 22 sleeping quarters. 23 §64. Standard of review 24 Any law that distinguishes between the sexes in furtherance of the provision 25 of this Part is subject to intermediate scrutiny which forbids discrimination against 26 similarly situated individuals, but allows the law to distinguish between the sexes 27 when there is an important governmental interest. 28 §65. Remedies; rebuttable presumption; cause of action Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 A. A female who suffers, or is likely to suffer, from any direct or indirect 2 harm as a result of a violation of this Part may assert that violation as a cause of 3 action for remedies provided for in Subsection E of this Section. 4 B. Any person who contracts with an agency, as defined in R.S. 42:1102(2), 5 of government to provide services for biological females at a domestic violence 6 shelter, juvenile detention center, corrections facility, or public school that is 7 operated at the direction of, and receives funding from, the state, a local 8 governmental subdivision, or a political subdivision shall have a cause of action 9 against the agency of the public servant who directed the contractor to violate the 10 provisions of this Part. 11 C. A person who is subjected to retaliation or other adverse action by 12 asserting rights that affirmed by this Part shall have a cause of action for remedies 13 provided for in Subsection E of this Section. 14 D. It is a rebuttable presumption that requiring biological females to be 15 housed with biological males at a domestic violence shelter, juvenile detention 16 center, corrections facility, or public school that is subject to the provisions of this 17 Part is inherently discriminatory to biological females and is a cognizable harm to 18 biological women under this Part. 19 E. Any person who brings a cause of action pursuant to this Part may obtain 20 appropriate relief, including but not limited to: 21 (1)(a) Injunctive relief, protective order, writ of mandamus or a prohibition, 22 or declaratory relief to prevent any violation of this Part. 23 (b) The court may waive the requirement that the petitioner post bond for 24 good cause shown. 25 (2) Actual damages, reasonable attorney fees, and costs. 26 F. All civil actions under this Part shall be initiated within two years from 27 the date that the harm occurred. 28 Section 2. If any provision or item of this Act, or the application thereof, is held 29 invalid, such invalidity shall not affect other provisions, items, or applications of the Act Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 1 which can be given effect without the invalid provision, item, or application and to this end 2 the provisions of this Act are hereby declared severable. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 608 Original 2024 Regular Session Wilder Abstract: Provides for the distinction between males and females and provides for protections for women and girls against sexual assault and harassment committed by biological men. Proposed law provides legislative intent, and provides for protections for women and girls against sexual assault and harassment committed by biological men. Proposed law defines "boy", "changing room", "correctional facilities", "domestic violence shelter", "father", "female", "girl", "juvenile detention facilities", "male", "man", "mother", "public school", "restroom", "sex", "sleeping quarters", and "woman". Proposed law (R.S. 9:60) provides that no governmental agency shall prohibit distinction between the sexes with respect to athletics, correctional facilities, juvenile detention facilities, domestic violence shelters or other accommodation where biology safety, or privacy are implicated and that result in separate accommodations that are substantially related to the important government interest of protecting health, safety, and privacy of individuals in such circumstances. Proposed law (R.S. 9:61) provides that a domestic violence shelter shall designate separate areas to be used by the members of each sex only, but shall not apply to the following circumstances: (1) To perform custodial services or maintenance of a restroom, changing room ,or sleeping quarters that is normally used by the opposite sex. (2) To render medical assistance. (3) To render assistance by law enforcement. (4) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety. Proposed law does not prevent a domestic violence shelter from accommodating with the provisions of the ADA. Proposed law (R.S. 9:62) provides that restrooms in public schools shall designate separate restrooms to be used by the members of each sex only, but shall not apply to the following circumstances: (1) To perform custodial services or maintenance of a restroom, changing room ,or sleeping quarters that is normally used by the opposite sex. (2) To render medical assistance. (3) To render assistance by law enforcement. Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-89 ORIGINAL HB NO. 608 (4) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety. Proposed law (R.S. 9:62(C))provides that students shall not share sleeping quarters with a member of the opposite sex on school authorized events unless such persons are members of the same family and the student has received approval from the parent or legal guardian to do so. Proposed law does not prevent public schools from accommodating with the provisions of the ADA. Proposed law (R.S. 9:63) provides that correctional facilities and juvenile detention facilities shall designate separate areas to be used by the members of each sex only, but shall not apply to the following circumstances: (1) To perform custodial services or maintenance of a restroom, changing room ,or sleeping quarters that is normally used by the opposite sex. (2) To render medical assistance. (3) To render assistance by law enforcement. (4) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety. Proposed law (R.S. 9:63(D)) does not prevent correctional facilities and juvenile detention facilities from accommodating with the provisions of the ADA. Proposed law (R.S. 9:64) provides that any law that distinguishes between sexes is subject to intermediate scrutiny which forbids discrimination against similarly situated individuals, but allows the law to distinguish between the sexes when there is an important governmental interest. Proposed law (R.S. 9:65(D)) provides that is it a rebuttable presumption that requiring biological females to be housed with biological males at a domestic violence shelter, juvenile detention center, corrections facility, or public school is inherently discrminatory to biological females and is a cognizable harm to biological women. Proposed law (R.S. 9:65) provides for appropriate relief in the following circumstances: (1)(a) Injunctive relief, protective order, writ of mandamus or a prohibition, or declaratory relief to prevent any violation of this Part. (b) The court may waive the requirement that the petitioner post bond for good cause shown. (2) Actual damages, reasonable attorney fees, and costs. Proposed law (R.S. 9:65(F)) provides that all actions shall be initiated within two years from the date that the harm occurred. Proposed law provides that if any provision of the act is held invalid, application of this Act is declared severable. (Adds R.S. 9:55 through 65) Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.

ENROLLED ACT No. 436 2024 Regular Session HOUSE BILL NO. 608 BY REPRESENTATIVES WILDER, AMEDEE, BACALA, BAMBURG, BAYHAM, BEAULLIEU, BERAULT, BILLINGS, BOURRIAQUE, BOYER, BUTLER, CARLSON, CARRIER, CARVER, CHENEVERT, COATES, COX, CREWS, DESHOTEL, DEWITT, DICKERSON, DOMANGUE, ECHOLS, EDMONSTON, EGAN, EMERSON, FARNUM, FIRMENT, FONTENOT, GADBERRY, GALLE, GEYMANN, GLORIOSO, HEBERT, HORTON, ILLG, MIKE JOHNSON, TRAVIS JOHNSON, KERNER, JACOB LANDRY, MACK, MCCORMICK, MCFARLAND, ORGERON, OWEN, RISER, ROMERO, SCHAMERHORN, SCHLEGEL, ST. BLANC, TARVER, THOMAS, THOMPSON, TURNER, VENTRELLA, VILLIO, WILEY, AND WYBLE AND SENATORS BASS, CATHEY, CLOUD, CONNICK, EDMONDS, FESI, FOIL, HENRY, HENSGENS, HODGES, JACKSON-ANDREWS, KLEINPETER, LAMBERT, MIGUEZ, MIZELL, OWEN, REESE, SEABAUGH, STINE, TALBOT, AND WOMACK 1 AN ACT 2 To enact Part I-A of Chapter 1 of Code Title I of Code Book I of Title 9 of the Louisiana 3 Revised Statutes of 1950, to be comprised of R.S. 9:55 through 65, relative to 4 women; to provide for the safety and protection of women; to provide relative to 5 distinctions between sexes; to provide for legislative intent; to provide for purposes; 6 to provide for definitions; to provide for a standard of review; to provide for causes 7 of action; to provide for application; to provide for remedies; and to provide for 8 related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. Part I-A of Chapter 1 of Code Title I of Code Book I of Title 9 of the 11 Louisiana Revised Statutes of 1950, comprised of R.S. 9:55 through 65 is hereby enacted 12 to read as follows: Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 PART I-A. WOMEN'S SAFETY AND PROTECTION ACT 2 §55. Short title 3 This Part shall be known as and may be cited as the "Women's Safety and 4 Protection Act". 5 §56. Purpose 6 The purpose of this Part is all of the following: 7 (1) To clarify and reconcile the meaning of sex, male, female, and related 8 terms in state law. 9 (2) To provide protections for women and girls against sexual assault, 10 harassment, and violence in correctional facilities, juvenile detention facilities, 11 domestic violence shelters, dormitories, and restrooms, or where women have been 12 traditionally afforded safety and protection from acts of abuse committed by 13 biological men. 14 §57. Legislative findings 15 The legislature finds and declares that: 16 (1) "Physical differences between men and women, however, are enduring: 17 '[T]he two sexes are not fungible; a community made up exclusively of one [sex] is 18 different from a community composed of both.'" United States v. Virginia, et al., 19 518 U.S. 515, 533 (1996), citing Ballard v. United States, 329 U.S. 187, 193 (1946). 20 (2) The United States Supreme Court has recognized that there are 21 "'[i]nherent differences' between men and women", and that these differences 22 "remain cause for celebration, but not for denigration of the members of either sex 23 or for artificial constraints on an individual's opportunity" in United States v. 24 Virginia, et al., 518 U.S. 515, 533 (1996). 25 (3) The equal protection clause of the Fourteenth Amendment of the 26 Constitution of the United States of America allows for legislatures to enact facially 27 neutral laws of general applicability, such as biologically based definitions of sex. 28 (4) Biologically based definitions of sex have been consistently applied since 29 our nation's founding. Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 (5) Decades of opinions from the Supreme Court of the United States have 2 upheld the argument that biological distinctions between male and female are a 3 matter of scientific fact, and biological sex is an objectively defined category that has 4 obvious, immutable, and distinguishable characteristics. 5 §58. Definitions 6 For purposes of this Part: 7 (1) "Boy" means a human male who is a minor. 8 (2) "Changing room" means a room or area in which a person may be in a 9 state of undress in the presence of others, including a locker room or shower room. 10 (3) "Correctional facilities" means a correctional facility owned and operated 11 by the state or the Correctional Facilities Corporation housing prisoners committed 12 to the custody of the Department of Public Safety and Corrections. 13 (4) "Domestic violence shelter" means a community-based shelter for 14 victims of domestic violence that is managed by the Department of Children and 15 Family Services. 16 (5) "Father" means a parent who is of the male sex. 17 (6) "Female" means an individual whose biological reproductive system is 18 developed to produce ova; who has, had, will have or would have, but for a 19 developmental or genetic anomaly or historical accident, the reproductive system 20 that at some point produces, transports, and utilizes eggs for fertilization. 21 (7) "Girl" means a human female who is a minor. 22 (8) "Juvenile detention facilities" means a correctional facility that houses 23 minor prisoners including the Louisiana Training Institute for Juveniles and its 24 extension locations. 25 (9) "Male" means an individual whose biological reproductive system is 26 developed to fertilize the ova of a female who has, had, will have or would have, but 27 for a developmental or genetic anomaly or historical accident, the reproductive 28 system that at some point produces, transports, and utilizes sperm for fertilization. 29 (10) "Man" means a human male that has reached the age of majority. 30 (11) "Mother" means a parent who is a member of the female sex. Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 (12) "Public school" means a school which is created pursuant to R.S. 2 17:1371 and R.S. 17:3971, et seq. 3 (13) "Restroom" means a room that includes one or more toilets or urinals. 4 (14) "Sex" means an individual's biological sex, either male or female, as 5 observed or clinically verified at birth. Gender identity and other subjective terms 6 shall not apply to this Part and shall not be used as synonyms or substitutes for sex. 7 (15) "Sleeping quarters" means a room with more than one bed and in which 8 more than one individual is housed overnight. 9 (16) "Woman" means a human female who has reached the age of majority. 10 §59. Application of definitions; distinctions between the sexes 11 Notwithstanding any other provision of law to the contrary, any provision of 12 law enacted by the legislature or any rule adopted by a state agency or other entity 13 subject to the Administrative Procedure Act when applicable to an individual's sex 14 shall apply those definitions provided in R.S. 9:58. 15 §60. Safety and privacy of women and girls in facilities designated for biological 16 females 17 Notwithstanding any other provision of law to the contrary, no governmental 18 agency, as defined in R.S. 42:1102(2), shall prohibit distinctions between the sexes 19 with respect to athletics, correctional facilities, juvenile detention facilities, domestic 20 violence shelters, or other accommodation where biology, safety, or privacy are 21 implicated and that result in separate accommodations that are substantially related 22 to the important government interest of protecting the health, safety, and privacy of 23 individuals in such circumstances. Nothing in this Part shall prohibit a domestic 24 violence shelter, public school, correctional facility, or juvenile detention facility 25 from: 26 (1) Establishing single-occupancy restrooms, changing rooms, or sleeping 27 quarters that are not designated by sex. 28 (2) Redesignating a multi-occupancy restroom or sleeping quarters for the 29 exclusive use of another group authorized under this Part as needed. Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 §61. Safety and privacy in domestic violence shelters 2 A. A domestic violence shelter shall designate each multi-occupancy 3 restroom, changing room, and sleeping quarters for the exclusive use of any one of 4 the following: 5 (1) Females. 6 (2) Males. 7 (3) Members of the same family. 8 B. A restroom, changing room, or sleeping quarters within a domestic 9 violence shelter that is designated for females or males shall be used only by 10 members of that sex. No individual shall enter a restroom, changing room, or 11 sleeping quarters that is designated for females or males unless he or she is a member 12 of that sex. 13 C. The domestic violence shelter shall take reasonable steps to provide 14 individuals with privacy in restrooms, changing rooms, and sleeping quarters from 15 members of the opposite sex. 16 D. This Section shall not apply to an individual who enters a restroom, 17 changing room, or sleeping quarters designated for the opposite sex in any of the 18 following circumstances: 19 (1) To perform custodial services or maintenance of a restroom, changing 20 room, or sleeping quarters that is normally used by the opposite sex. 21 (2) To render medical assistance. 22 (3) To render assistance by law enforcement. 23 (4) To provide services or render aid during a natural disaster, a declared 24 emergency, or when necessary to prevent a serious threat to good order or safety. 25 E. Nothing in this Section shall be construed to prohibit a domestic violence 26 shelter from adopting policies necessary to accommodate persons protected under 27 the Americans with Disabilities Act or young children in need of physical assistance 28 when using restrooms, changing facilities, or sleeping quarters. Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 §62. Safety and privacy in restrooms of public schools 2 A. A public school shall designate each multi-occupancy restroom or 3 changing room for the exclusive use of either females, males, or members of the 4 same family. 5 B.(1) A restroom or changing room within a public school that is designated 6 for males or females shall be used only by members of that same sex. No individual 7 shall enter a restroom or changing room that is designated for one sex unless he or 8 she is a member of that sex. 9 (2) The public school shall take reasonable steps to provide individuals with 10 privacy in restrooms and changing rooms from members of the opposite sex. 11 C. During any public school authorized activity or event where students 12 share sleeping quarters, no student shall share sleeping quarters with a member of 13 the opposite sex, unless such persons are members of the same family, such as a 14 parent, legal guardian, sibling, or grandparent and the student has received approval 15 from the parent or legal guardian to do so. 16 D. In any other public school facility or setting where a person may be in a 17 state of undress in the presence of others, school personnel shall provide separate, 18 private areas designated for use by persons based on their sex, and no person shall 19 enter these private areas unless he or she is a member of the designated sex. 20 E. This Section shall not apply to an individual who enters a restroom, 21 changing room, or sleeping quarters designated for the opposite sex in any of the 22 following circumstances: 23 (1) To perform custodial services or maintenance of a restroom, changing 24 room, or sleeping quarters that is normally used by the opposite sex. 25 (2) To render medical assistance. 26 (3) To render assistance by law enforcement. 27 (4) To provide services or render aid during a natural disaster, a declared 28 emergency, or when necessary to prevent a serious threat to good order or safety. 29 F. Nothing in this Section shall be construed to prohibit a public school from 30 adopting policies necessary to accommodate persons protected under the Americans Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 with Disabilities Act or young children in need of physical assistance when using 2 restrooms, changing facilities, or sleeping quarters. 3 §63. Safety and privacy in correctional facilities and juvenile detention facilities 4 A. A correctional facility or juvenile detention facility shall designate each 5 multi-occupancy restroom, changing room, and sleeping quarters for the exclusive 6 use of either females, males, or members of the same family. 7 B.(1) A restroom, changing room, or sleeping quarters within a correctional 8 facility or juvenile detention facility that is designated for females or males shall be 9 used only by members of that sex. No individual shall enter a restroom, changing 10 room, or sleeping quarter that is designated for females or males unless he or she is 11 a member of that sex. 12 (2) A correctional facility or juvenile detention facility shall take reasonable 13 steps to provide individuals with privacy in restrooms, changing rooms, and sleeping 14 quarters from members of the opposite sex. 15 C. This Section shall not apply to an individual who enters a restroom, 16 changing room, or sleeping quarters designated for the opposite sex in any of the 17 following circumstances: 18 (1) To perform custodial services or maintenance of a restroom, changing 19 room, or sleeping quarters that is normally used by the opposite sex. 20 (2) To render medical assistance. 21 (3) To render assistance by law enforcement. 22 (4) To provide services or render aid during a natural disaster, a declared 23 emergency, or when necessary to prevent a serious threat to good order or safety. 24 D. Nothing in this Section shall be construed to prohibit a correctional 25 facility or juvenile detention facility from adopting policies necessary to 26 accommodate persons protected under the Americans with Disabilities Act or young 27 children in need of physical assistance when using restrooms, changing facilities, or 28 sleeping quarters. Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 §64. Standard of review 2 Any law that distinguishes between the sexes in furtherance of the provisions 3 of this Part is subject to intermediate scrutiny which forbids discrimination against 4 similarly situated individuals, but allows the law to distinguish between the sexes 5 when there is an important governmental interest. 6 §65. Remedies; rebuttable presumption; cause of action 7 A. An individual who suffers, or is likely to suffer, from any direct or 8 indirect harm as a result of a violation of this Part may assert that violation as a cause 9 of action for remedies provided for in Subsection E of this Section. 10 B. Any person who contracts with an agency, as defined in R.S. 42:1102(2), 11 of government to provide services for biological females at a domestic violence 12 shelter, juvenile detention center, corrections facility, or public school that is 13 operated at the direction of, and receives funding from, the state, a local 14 governmental subdivision, or a political subdivision shall have a cause of action 15 against the agency of the public servant who directed the contractor to violate the 16 provisions of this Part. 17 C. A person who is subjected to retaliation or other adverse action by 18 asserting rights that are affirmed by this Part shall have a cause of action for 19 remedies provided for in Subsection E of this Section. 20 D. It is a rebuttable presumption that requiring an individual to be housed 21 with members of the opposite sex at a domestic violence shelter, juvenile detention 22 center, corrections facility, or public school that is subject to the provisions of this 23 Part is inherently discriminatory and is a cognizable harm to biological women under 24 this Part. 25 E. Any person who brings a cause of action pursuant to this Part may obtain 26 appropriate relief, including but not limited to: 27 (1)(a) Injunctive relief, protective order, writ of mandamus or a prohibition, 28 or declaratory relief to prevent any violation of this Part. 29 (b) The court may waive the requirement that the petitioner post bond for 30 good cause shown. Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 608 ENROLLED 1 (2) Actual damages, reasonable attorney fees, and costs. 2 F. All civil actions under this Part shall be initiated within two years from 3 the date that the harm occurred. 4 Section 2. If any provision or item of this Act, or the application thereof, is held 5 invalid, such invalidity shall not affect other provisions, items, or applications of the Act 6 which can be given effect without the invalid provision, item, or application and to this end 7 the provisions of this Act are hereby declared severable. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions.