Text of OK SB 418 (2025)
Department of Corrections; requiring certain designation for certain persons. Effective date.
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As introduced
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Req. No. 140
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 418
By: Daniels
AS INTRODUCED
An Act relating to the Department of Corrections;
defining terms; requiring certain designation;
prohibiting certain use by certain persons; providing
certain exceptions; construing provisions; requiring
promulgation of rules; providing for certain relief;
providing for certain action within certain period;
authorizing recovery of certain fees and costs;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 509.7 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Changing room” means a room or area in which a person may
be in a state of undress while in the presence of others, including
a locker room or shower room;
2. “Covered entity” means an institution or facility operated
by the Department of Corrections or contracted with the Department
of Corrections as provided in Section 502 of Title 57 of the
Oklahoma Statutes;
Req. No. 140
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3. “Female” means a person who has, had, will have, or would
have, but for a developmental or genetic anomaly or historical
accident, the reproductive system that at some point produces,
transports, and utilizes eggs for fertilization;
4. “Male” means a person who has, had, will have, or would
have, but for a developmental or genetic anomaly or historical
accident, the reproductive system that at some point produces,
transports, and utilizes sperm for fertilization;
5. “Multi-occupancy” means a space that is designed to be
utilized by multiple persons simultaneously;
6. “Restroom” means a room that includes one or more toilets or
urinals;
7. “Sex” means a person’s biological sex, either male or
female; and
8. “Sleeping quarters” means a room that contains a bed and in
which more than one individual is housed overnight.
B. 1. A covered entity shall designate each multi-occupancy
restroom, changing room, and sleeping quarters for the exclusive use
of either females or males.
2. Every restroom, changing room, or sleeping quarters within a
covered entity that is designated for use by females or males shall
only be used by members of the designated sex. No individual shall
enter a restroom, changing room, or sleeping quarters that is
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designated for members of the opposite sex except for an employee of
the covered entity.
3. A covered entity shall take reasonable steps to provide
individuals with privacy from members of the opposite sex in
restrooms, changing rooms, and sleeping quarters.
4. This section shall not apply to an individual who enters a
restroom, changing room, or sleeping quarters designated for members
of the opposite sex in any of the following circumstances:
a.
performance of custodial services or maintenance,
b.
rendering of medical or law enforcement assistance, or
c.
provision of services or aid during a natural disaster
or declared emergency, or when necessary to prevent a
serious threat to order and safety.
5. Nothing in this section shall be construed to prohibit a
covered entity from:
a.
adopting policies necessary to accommodate persons
protected under the Americans with Disabilities Act of
1990 or elderly persons in need of aid or assistance,
b.
establishing single-occupancy restrooms, changing
rooms, or sleeping quarters, or
c.
redesignating a multi-occupancy restroom, changing
room, or sleeping quarters designated for exclusive
use by members of one sex to that of members of the
opposite sex.
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6. The Department of Corrections shall promulgate rules to
administer the provisions of this section.
C. 1. Any individual who accesses a restroom or changing room
for use by members of his or her sex and encounters a person of the
opposite sex in such restroom or changing room has a private cause
of action for declaratory and injunctive relief against the covered
entity that:
a.
provided permission to the person of the opposite sex
to use such restroom or changing room, or
b.
failed to take reasonable steps to prohibit access of
the restroom or changing room to the person of the
opposite sex.
2. Any individual who is required by the covered entity to
share sleeping quarters with a person of the opposite sex has a
private cause of action for declaratory and injunctive relief
against the covered entity.
3. Any civil action brought against a covered entity pursuant
to this section shall be initiated within two (2) years after the
violation occurred. Any individual aggrieved pursuant to this
section who prevails in court may recover reasonable attorney fees
and court costs from the covered entity.
SECTION 2. This act shall become effective November 1, 2025.
60-1-140
CN
1/7/2025 9:18:50 AM
As enrolled or final
5,614 characters
An Act
ENROLLED SENATE
BILL NO. 418
By: Daniels, Jett, McIntosh,
Bullard, Deevers, and
Hamilton of the Senate
and
Hasenbeck, Maynard,
Woolley, and Adams of the
House
An Act relating to the Department of Corrections;
defining terms; requiring certain designation;
prohibiting certain use by certain persons; providing
certain exceptions; construing provisions; requiring
promulgation of rules; providing for certain relief;
providing for certain action within certain period;
authorizing recovery of certain fees and costs;
providing for codification; and providing an
effective date.
SUBJECT: Department of Corrections
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 509.7 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Changing room” means a room or area in which a person may
be in a state of undress while in the presence of others, including
a locker room or shower room;
ENR. S. B. NO. 418
Page 2
2. “Covered entity” means an institution or facility operated
by the Department of Corrections or contracted with the Department
of Corrections as provided in Section 502 of Title 57 of the
Oklahoma Statutes;
3. “Multi-occupancy” means a space that is designed to be
utilized by multiple persons simultaneously;
4. “Restroom” means a room that includes one or more toilets or
urinals; and
5. “Sleeping quarters” means a room that contains a bed and in
which more than one individual is housed overnight.
B. 1. A covered entity shall designate each multi-occupancy
restroom, changing room, and sleeping quarters for the exclusive use
of either females or males.
2. Every restroom, changing room, or sleeping quarters within a
covered entity that is designated for use by females or males shall
only be used by members of the designated sex. No individual shall
enter a restroom, changing room, or sleeping quarters that is
designated for members of the opposite sex.
3. A covered entity shall take reasonable steps to provide
individuals with privacy from members of the opposite sex in
restrooms, changing rooms, and sleeping quarters.
4. This section shall not apply to an individual who enters a
restroom, changing room, or sleeping quarters designated for members
of the opposite sex in any of the following circumstances:
a.
performance of custodial services or maintenance,
b.
rendering of medical or law enforcement assistance, or
c.
provision of services or aid during a natural disaster
or declared emergency, or when necessary to prevent a
serious threat to order and safety.
5. Nothing in this section shall be construed to prohibit a
covered entity from:
ENR. S. B. NO. 418
Page 3
a.
adopting policies necessary to accommodate persons
protected under the Americans with Disabilities Act of
1990 or elderly persons in need of aid or assistance,
b.
establishing single-occupancy restrooms, changing
rooms, or sleeping quarters, or
c.
redesignating a multi-occupancy restroom, changing
room, or sleeping quarters designated for exclusive
use by members of one sex to that of members of the
opposite sex.
6. The Department of Corrections shall promulgate rules to
administer the provisions of this section.
C. 1. Any individual who accesses a restroom or changing room
for use by members of his or her sex and encounters a person of the
opposite sex in such restroom or changing room has a private cause
of action for declaratory and injunctive relief against the covered
entity that:
a.
provided permission to the person of the opposite sex
to use such restroom or changing room, or
b.
failed to take reasonable steps to prohibit access of
the restroom or changing room to the person of the
opposite sex.
2. Any individual who is required by the covered entity to
share sleeping quarters with a person of the opposite sex has a
private cause of action for declaratory and injunctive relief
against the covered entity.
3. Any civil action brought against a covered entity pursuant
to this section shall be initiated within two (2) years after the
violation occurred. Any individual aggrieved pursuant to this
section who prevails in court may recover reasonable attorney fees
and court costs from the covered entity.
SECTION 2. This act shall become effective November 1, 2025.
ENR. S. B. NO. 418
Page 4
Passed the Senate the 10th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 7th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________