Text of MO SB 1389 (2026)

SECOND REGULAR SESSION SENATE BILL NO. 1389 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR SCHROER. 5761S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 537, RSMo, by adding thereto one new section relating to liability for violations of privacy. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 537, RSMo, is amended by adding thereto 1 one new section, to be known as section 537.775, to read as 2 follows: 3 537.775. 1. For purposes of this section, the 1 following terms mean: 2 (1) "Biological sex", the biological and physical 3 indications of male or female in the context of reproductive 4 potential or capacity as determined by chromosomes, 5 naturally occurring sex hormones, and anatomy, and as 6 indicated on an individual's birth certificate without 7 regard to an individual's psychological, chosen, or 8 subjective experience of gender; 9 (2) "Business entity", any corporation, association, 10 firm, partnership, limited liability company, sole 11 proprietorship, or any other type of business entity in this 12 state that operates a premises, regardless of whether the 13 premises is open to the public; 14 (3) "Changing facility", a space designated for 15 multiple individuals to dress or undress within the same 16 space, including, but not limited to, a dressing room, 17 SB 1389 2 fitting room, locker room, changing room, or shower room. 18 The term "changing facility" does not include a unisex 19 changing facility; 20 (4) "Disabled", an individual with a mental, physical, 21 or developmental impairment that substantially limits one or 22 more major life activities or the ability to provide 23 adequately for one's care or protection where such 24 impairment is verified by medical findings; 25 (5) "First responder", any law enforcement officer, 26 firefighter, paramedic, emergency medical technician, 27 advanced emergency medical technician, or other persons 28 trained and authorized by law or rule to render emergency 29 medical assistance or treatment; 30 (6) "Gender", the psychological, behavioral, social, 31 and cultural aspects of being male or female; 32 (7) "Premises", real property that includes restrooms 33 or changing facilities and that is in the sole possession of 34 and under the direct control of the business entity; 35 (8) "Restroom", a space that includes a toilet or 36 urinal. The term "restroom" does not include a unisex 37 restroom; 38 (9) "Unisex changing facility", a room intended for a 39 single occupant or family in which one or more persons may 40 be in a state of undress, including, but not limited to, a 41 dressing room, fitting room, locker room, changing room, or 42 shower room that is enclosed by floor-to-ceiling walls and 43 accessed by a full door with a secure lock that prevents 44 another individual from entering while the changing facility 45 is in use; 46 (10) "Unisex restroom", a room that includes a toilet 47 or urinal and that is intended for a single occupant or 48 family, is enclosed by floor-to-ceiling walls, and is 49 SB 1389 3 accessed by a full door with a secure lock that prevents 50 another individual from entering while the room is in use. 51 2. Any individual may bring a cause of action against 52 a business entity that has a policy allowing for individuals 53 of one biological sex into changing facilities or restrooms 54 designated for use by the opposite biological sex and in 55 which the individual's privacy or expectation of privacy was 56 violated in a changing facility or restroom of the business 57 entity that matched the individual's biological sex by an 58 individual of the opposite biological sex. 59 3. The prevailing plaintiff of a cause of action 60 brought pursuant to this section shall be entitled to 61 recover: 62 (1) Nominal damages; 63 (2) Compensatory damages; 64 (3) Punitive damages in an amount not less than ten 65 thousand dollars; and 66 (4) Costs and reasonable attorney's fees. 67 4. It shall be an affirmative defense to an action 68 brought pursuant to this section if the individual that was 69 permitted entry into a changing facility or restroom that 70 did not match the individual's biological sex was: 71 (1) A disabled individual or a child under the age of 72 thirteen who was accompanied, escorted, supervised, or 73 assisted by an adult, who was of the same biological sex as 74 the biological sex for which the changing room or restroom 75 was designated; 76 (2) An employee or agent of the business entity that 77 entered, after a clear and understandable oral notice of 78 entry, the changing facility or restroom to: 79 (a) Clean the changing facility or restroom; or 80 SB 1389 4 (b) Secure or ensure the safety or well-being of 81 individuals within the changing facility or restroom; or 82 (3) A first responder in the lawful performance of his 83 or her duties. 84 ✓