Text of NC S 516 (2025)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S D SENATE BILL DRS15227-NB-4A Short Title: Women's Safety and Protection Act. (Public) Sponsors: Senators Sawyer and Overcash (Primary Sponsors). Referred to: *DRS15227-NB-4A* A BILL TO BE ENTITLED 1 AN ACT TO DEFINE VARIOUS TERMS IN THE GENERAL STATUTES OF NORTH 2 CAROLINA AND TO ENACT THE WOMEN'S SAFETY AND PROTECTION ACT. 3 The General Assembly of North Carolina enacts: 4 5 PART I. STANDARDIZATION OF CERTAIN DEFINED TERMS IN STATE LAW 6 SECTION 1. G.S. 12-3 reads as rewritten: 7 "§ 12-3. Rules for construction of statutes. 8 (a) In the construction of all statutes the following rules shall be observed, unless such 9 construction would be inconsistent with the manifest intent of the General Assembly, or 10 repugnant to the context of the same statute, that is to say: 11 … 12 (b) Except as otherwise specifically provided, the following definitions apply throughout 13 the General Statutes as follows: 14 (1) Biological sex or sex. – The biological indication of male and female in the 15 context of reproductive potential or capacity, such as sex chromosomes, 16 naturally occurring sex hormones, gonads, and nonambiguous internal and 17 external genitalia present at birth, without regard to an individual's 18 psychological, chosen, or subjective experience of gender. 19 (2) Boy. – A human male who is a minor. 20 (3) Father. – A parent who is of the male sex. 21 (4) Female. – An individual who has, had, will have, or would have, but for a 22 developmental or genetic anomaly or historical accident, the reproductive 23 system that, at some point, produces, transports, and utilities eggs for 24 fertilization. 25 (5) Gender. – The psychological, behavioral, social, and cultural aspects of being 26 male or female. 27 (6) Girl. – A human female who is a minor. 28 (7) Male. – An individual who has, had, will have, or would have, but for a 29 developmental or genetic anomaly or historical accident, the reproductive 30 system that, at some point, produces, transports, and utilities sperm for 31 fertilization. 32 (8) Man. – A human male that has reached the age of majority or a minor who 33 has been emancipated. 34 (9) Mother. – A parent who is of the female sex. 35 FILED SENATE Mar 25, 2025 S.B. 516 PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRS15227-NB-4A (10) Woman. – A human female that has reached the age of majority or a minor 1 who has been emancipated." 2 3 PART II. WOMEN'S SAFETY AND PROTECTION ACT 4 SECTION 2.(a) Chapter 143 of the General Statutes is amended by adding a new 5 Article to read: 6 "Article 81B. 7 "Women's Safety and Protection Act. 8 "§ 143-765. Short title; purpose. 9 (a) Short Title. – This Article shall be known as and may be cited as the "Women's Safety 10 and Protection Act." 11 (b) Purpose. – The purpose of this Article is as follows: 12 (1) To clarify and reconcile the meaning of the terms biological sex, gender, and 13 any other related terms in State law. 14 (2) To provide protections for women against sexual assault, harassment, and 15 violence in correctional facilities, juvenile detention facilities, domestic 16 violence centers, dormitories, and restrooms, or where women have been 17 traditionally afforded safety and protection from acts of abuse committed by 18 biological men. 19 "§ 143-766. Definitions. 20 The following definitions apply in this Article: 21 (1) Agency. – As defined in G.S. 143-336. 22 (2) Biological sex or sex. – As defined in G.S. 12-3. 23 (3) Covered facility. – A prison, local confinement facility, domestic violence 24 center, rape crisis center, juvenile detention facility, or public school, that 25 receives State funds. 26 (4) Domestic violence center. – A facility that conducts a domestic violence 27 program, as defined in G.S. 8-53.12. 28 (5) Gender. – As defined in G.S. 12-3. 29 (6) Juvenile detention facility. – Means the same as the term "detention facility" 30 as defined in G.S. 7B-1051. 31 (7) Local confinement facility. – As defined in G.S. 153A-217. 32 (8) Multiple occupancy restroom/changing facility. – A facility designed or 33 designated to be used by more than one person at a time where persons may 34 be in various states of undress in the presence of other persons. A multiple 35 occupancy bathroom or changing facility may include a school restroom, 36 locker room, changing room, or shower room. 37 (9) Prison. – A confinement facility under the supervision of the Division of 38 Prisons of the Department of Adult Correction. 39 (10) Public school. – All of the following: 40 a. Any school in a public school unit, as defined in G.S. 115C-5(7a). 41 b. A school providing elementary or secondary education operated by 42 either of the following: 43 1. The Department of Health and Human Services. 44 2. The Division of Juvenile Justice of the Department of Public 45 Safety. 46 c. A community college located in North Carolina. 47 d. A constituent institution of The University of North Carolina. 48 (11) Rape crisis center. – As defined in G.S. 8-53.12. 49 (12) Single occupancy restroom/changing facility. – A facility designed or 50 designated to be used by only one person at a time where a person may be in 51 General Assembly Of North Carolina Session 2025 DRS15227-NB-4A Page 3 various states of undress, including a single stall restroom designated as 1 unisex or for use based on biological sex. 2 (13) Sleeping quarters. – A room with a bed in which more than one individual is 3 housed overnight in a covered facility. 4 (14) Woman. – As defined in G.S. 12-3. 5 "§ 143-767. Safety and privacy of covered facilities. 6 (a) Use by One Biological Sex. – Except as provided under subsection (b) of this section, 7 a single or multiple occupancy restroom, changing facility, or sleeping quarters within a covered 8 facility in this State shall only be used by one designated biological sex at one time. If more than 9 one designated biological sex is able to access or use a single or multiple occupancy restroom, 10 changing facility, or sleeping quarters, then the covered facility shall have administrative rules 11 or policies specifying that only one biological sex may use the area at any point in time. 12 (b) Use by Families. – A covered facility may designate a single or multiple occupancy 13 restroom, changing facility, or sleeping quarters for family use for members of the same family. 14 (c) Additional Rules in Public Schools. – During an authorized activity or event by a 15 public school where students share sleeping quarters, no student shall share sleeping quarters 16 with a member of the other biological sex, unless members of the same family, such as a parent, 17 legal guardian, sibling, or grandparent, and the public school has received permission from the 18 parent or legal guardian. 19 "§ 143-768. Applicability. 20 (a) Exceptions. – This Article does not apply to a person who enters a single or multiple 21 occupancy bathroom, changing facility, or sleeping quarters designated for a biological sex other 22 than their own biological sex in any of the following circumstances: 23 (1) To perform custodial, maintenance, or inspection services. 24 (2) To render medical assistance. 25 (3) To effectuate assistance by law enforcement. 26 (4) To provide services or render aid during a natural disaster, a declared state of 27 emergency, or when necessary to prevent a serious threat to public order or 28 safety. 29 (b) Limitation. – Nothing in this Article shall be construed to prohibit a domestic violence 30 center or rape crisis center from adopting administrative rules or policies necessary to 31 accommodate persons or minors in need of physical assistance when using a single or multiple 32 occupancy restroom, changing facility, or sleeping quarters. 33 "§ 143-769. Standard of review. 34 Intermediate Scrutiny. – Any provision of this Article that distinguishes between biological 35 sexes in the furtherance of the purposes of this Article is subject to intermediate scrutiny, which 36 forbids discrimination against similarly situated persons but allows for distinctions between 37 biological sexes when there exists an important governmental interest. 38 "§ 143-770. Remedies; cause of action; rebuttable presumption. 39 (a) Civil Action. – A person who, while accessing a single or multiple occupancy 40 restroom, changing facility, or sleeping quarters, encounters a person of the opposite biological 41 sex in a covered facility has a private cause of action under this Article against the covered facility 42 if the covered facility (i) provided permission to the person to use a single or multiple occupancy 43 restroom, changing facility, or sleeping quarters of the opposite biological sex; or (ii) failed to 44 take reasonable steps to prohibit the person of the opposite biological sex from using the single 45 or multiple occupancy restroom, changing facility, or sleeping quarters. 46 (b) Contracting Liability. – A contractor who is entered into a contractual relationship 47 with an agency of the State that provides services to women at a covered facility, except for a 48 prison, and operated at the direction of and receives funding from the State, unit of local 49 government, or political subdivision, shall have a cause of action against the agency that employs 50 the person who directed the contractor to violate any provision of this Article. 51 General Assembly Of North Carolina Session 2025 Page 4 DRS15227-NB-4A (c) Protection. – A person who is subjected to retaliation or other adverse action by 1 asserting rights that are affirmed by this Article shall have a cause of action under this Article. 2 (d) Relief. – A person who brings a cause of action under this Article may obtain 3 appropriate relief as awarded by a court of competent jurisdiction, including injunctive relief, 4 protective order, writ of mandamus or prohibition, declaratory relief, actual damages, reasonable 5 attorneys' fees, and costs. A court may also award punitive damages if it is found that the 6 defendant committed egregiously wrongful acts or to deter the defendant and others from 7 committing similar wrongful acts. 8 (e) Statute of Limitation. – A person shall have three years from the date that the harm 9 occurred to bring a cause of action brought under this Article. If the person is a minor, the person 10 shall have three years from the date the minor attains the age of majority to bring a cause of 11 action." 12 SECTION 2.(b) This section becomes effective October 1, 2025, and applies to acts 13 or omissions occurring on or after that date. 14 15 PART III. BIRTH CERTIFICATE MODIFICATIONS 16 SECTION 3.(a) G.S. 130A-118(b) reads as rewritten: 17 "(b) A The State Registrar shall make a new certificate of birth shall be made by the State 18 Registrar when:whenever any of the following conditions are met: 19 (1) Proof is submitted to the State Registrar that the previously unwed parents of 20 a person have intermarried subsequent to the birth of the person;person. 21 (2) Notification is received by the State Registrar from the clerk of a court of 22 competent jurisdiction of a judgment, order or decree disclosing different or 23 additional information relating to the parentage of a person;person. 24 (3) Satisfactory proof is submitted to the State Registrar that there has been 25 entered in a court of competent jurisdiction a judgment, order order, or decree 26 disclosing different or additional information relating to the parentage of a 27 person; orperson. 28 (4) A written request from an individual is received by the State Registrar to 29 change the sex on that individual's birth record because of sex reassignment 30 surgery, if the request is accompanied by a notarized statement from the 31 physician who performed the sex reassignment surgery or from a physician 32 licensed to practice medicine who has examined the individual and can certify 33 that the person has undergone sex reassignment surgery." 34 SECTION 3.(b) This section is effective when it becomes law and applies to any 35 request for a new certificate of birth received on or after that date. 36 37 PART IV. DRIVERS LICENSE MODIFICATIONS 38 SECTION 4.(a) G.S. 20-7 reads as rewritten: 39 "§ 20-7. Issuance and renewal of drivers licenses. 40 … 41 (b1) Application. – To obtain an identification card, learners permit, or drivers license 42 from the Division, a person shall complete an application form provided by the Division, present 43 at least two forms of identification approved by the Commissioner, be a resident of this State, 44 and, except for an identification card, demonstrate his or her physical and mental ability to drive 45 safely a motor vehicle included in the class of license for which the person has applied. At least 46 one of the forms of identification shall indicate the applicant's residence address. The Division 47 may copy the identification presented or hold it for a brief period of time to verify its authenticity. 48 To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to 49 drive safely the type of motor vehicle for which the endorsement is required. 50 General Assembly Of North Carolina Session 2025 DRS15227-NB-4A Page 5 The application form shall request all of the following information, and it shall contain the 1 disclosures concerning the request for an applicant's social security number required by section 2 7 of the federal Privacy Act of 1974, Pub. L. No. 93-579: 3 … 4 (3) A physical description of the applicant, including the applicant's sex, sex as 5 reflected on the applicant's certificate of birth, height, eye color, and hair 6 color. 7 … 8 (n) Format. – A drivers license issued by the Division must be tamperproof and must 9 contain all of the following information: 10 … 11 (5) A physical description of the license holder, including sex, sex as reflected on 12 the person's certificate of birth, height, eye color, and hair color. 13 …." 14 SECTION 4.(b) This section is effective when it becomes law and applies to any 15 drivers license issued on or after that date. 16 17 PART V. EFFECTIVE DATE 18 SECTION 5. If any provision of this act or its application is held invalid, the 19 invalidity does not affect other provisions or applications of this act that can be given effect 20 without the invalid provisions or application and, to this end, the provisions of this act are 21 severable. 22 SECTION 6. Except as otherwise provided, this act becomes effective October 1, 23 2025. 24