North Carolina 2025-2026 Regular Session

North Carolina House Bill H791 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 791
	3	+	H D
	4	+	HOUSE BILL DRH40376-NB-4
	5	+
5	6
6	7
7	8		Short Title: Women's Safety and Protection Act. (Public)
8		-	Sponsors: Representatives Balkcom, Stevens, Rhyne, and Eddins (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 8, 2025
12		-	H791 -v-1
	9	+	Sponsors: Representative Balkcom.
	10	+	Referred to:
	11	+
	12	+	DRH40376 -NB-4
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO DEFINE VARIOUS TERMS IN THE GENERAL STATUTES OF NORTH 2
15	15		CAROLINA AND TO ENACT THE WOMEN 'S SAFETY AND PROTECTION ACT. 3
16	16		The General Assembly of North Carolina enacts: 4
17	17		5
18	18		PART I. STANDARDIZATION OF CERTAIN DEFINED TERMS IN STATE LAW 6
19	19		SECTION 1. G.S. 12-3 reads as rewritten: 7
20	20		"§ 12-3. Rules for construction of statutes. 8
21	21		(a) In the construction of all statutes the following rules shall be observed, unless such 9
22	22		construction would be inconsistent with the manifest intent of the General Assembly, or 10
23	23		repugnant to the context of the same statute, that is to say: 11
24	24		… 12
25	25		(b) Except as otherwise specifically provided, the following definitions apply throughout 13
26	26		the General Statutes as follows: 14
27	27		(1) Biological sex or sex. – The biological indication of male and female in the 15
28	28		context of reproductive potential or capacity, such as sex chromosomes, 16
29	29		naturally occurring sex hormones, gonads, and nonambiguous internal and 17
30	30		external genitalia present at birth, without regard to an individual's 18
31	31		psychological, chosen, or subjective experience of gender. 19
32	32		(2) Boy. – A human male who is a minor. 20
33	33		(3) Father. – A parent who is of the male sex. 21
34	34		(4) Female. – An individual who has, had, will have, or would have, but for a 22
35	35		developmental or genetic anomaly or historical accident, the reproductive 23
36	36		system that, at some point, produces, transports, and utilities eggs for 24
37	37		fertilization. 25
38	38		(5) Gender. – The psychological, behavioral, social, and cultural aspects of being 26
39	39		male or female. 27
40	40		(6) Girl. – A human female who is a minor. 28
41	41		(7) Male. – An individual who has, had, will have, or would have, but for a 29
42	42		developmental or genetic anomaly or historical accident, the reproductive 30
43	43		system that, at some point, produces, transports, and utilities sperm for 31
44	44		fertilization. 32
45	45		(8) Man. – A human male that has reached the age of majority or a minor who 33
46	46		has been emancipated. 34
47		-	(9) Mother. – A parent who is of the female sex. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 791-First Edition
	47	+	(9) Mother. – A parent who is of the female sex. 35
	48	+	H.B. 791
	49	+	Apr 3, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH40376-NB-4
49	52		(10) Woman. – A human female that has reached the age of majority or a minor 1
50	53		who has been emancipated." 2
51	54		3
52	55		PART II. WOMEN'S SAFETY AND PROTECTION ACT 4
53	56		SECTION 2.(a) Chapter 143 of the General Statutes is amended by adding a new 5
54	57		Article to read: 6
55	58		"Article 81B. 7
56	59		"Women's Safety and Protection Act. 8
57	60		"§ 143-765. Short title; purpose. 9
58	61		(a) Short Title. – This Article shall be known as and may be cited as the "Women's Safety 10
59	62		and Protection Act." 11
60	63		(b) Purpose. – The purpose of this Article is as follows: 12
61	64		(1) To clarify and reconcile the meaning of the terms biological sex, gender, and 13
62	65		any other related terms in State law. 14
63	66		(2) To provide protections for women against sexual assault, harassment, and 15
64	67		violence in correctional facilities, juvenile detention facilities, domestic 16
65	68		violence centers, dormitories, and restrooms, or where women have been 17
66	69		traditionally afforded safety and protection from acts of abuse committed by 18
67	70		biological men. 19
68	71		"§ 143-766. Definitions. 20
69	72		The following definitions apply in this Article: 21
70	73		(1) Agency. – As defined in G.S. 143-336. 22
71	74		(2) Biological sex or sex. – As defined in G.S. 12-3. 23
72	75		(3) Covered facility. – A prison, local confinement facility, domestic violence 24
73	76		center, rape crisis center, juvenile detention facility, or public school, that 25
74	77		receives State funds. 26
75	78		(4) Domestic violence center. – A facility that conducts a domestic violence 27
76	79		program, as defined in G.S. 8-53.12. 28
77	80		(5) Gender. – As defined in G.S. 12-3. 29
78	81		(6) Juvenile detention facility. – Means the same as the term "detention facility" 30
79	82		as defined in G.S. 7B-1051. 31
80	83		(7) Local confinement facility. – As defined in G.S. 153A-217. 32
81	84		(8) Multiple occupancy restroom/changing facility. – A facility designed or 33
82	85		designated to be used by more than one person at a time where persons may 34
83	86		be in various states of undress in the presence of other persons. A multiple 35
84	87		occupancy bathroom or changing facility may include a school restroom, 36
85	88		locker room, changing room, or shower room. 37
86	89		(9) Prison. – A confinement facility under the supervision of the Division of 38
87	90		Prisons of the Department of Adult Correction. 39
88	91		(10) Public school. – All of the following: 40
89	92		a. Any school in a public school unit, as defined in G.S. 115C-5(7a). 41
90	93		b. A school providing elementary or secondary education operated by 42
91	94		either of the following: 43
92	95		1. The Department of Health and Human Services. 44
93	96		2. The Division of Juvenile Justice of the Department of Public 45
94	97		Safety. 46
95	98		c. A community college located in North Carolina. 47
96	99		d. A constituent institution of The University of North Carolina. 48
97	100		(11) Rape crisis center. – As defined in G.S. 8-53.12. 49
98	101		(12) Single occupancy restroom/changing facility. – A facility designed or 50
99	102		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
100		-	~~House Bill 791-First Edition~~ Page 3
	103	+	DRH40376-NB-4 Page 3
101	104		various states of undress, including a single stall restroom designated as 1
102	105		unisex or for use based on biological sex. 2
103	106		(13) Sleeping quarters. – A room with a bed in which more than one individual is 3
104	107		housed overnight in a covered facility. 4
105	108		(14) Woman. – As defined in G.S. 12-3. 5
106	109		"§ 143-767. Safety and privacy of covered facilities. 6
107	110		(a) Use by One Biological Sex. – Except as provided under subsection (b) of this section, 7
108	111		a single or multiple occupancy restroom, changing facility, or sleeping quarters within a covered 8
109	112		facility in this State shall only be used by one designated biological sex at one time. If more than 9
110	113		one designated biological sex is able to access or use a single or multiple occupancy restroom, 10
111	114		changing facility, or sleeping quarters, then the covered facility shall have administrative rules 11
112	115		or policies specifying that only one biological sex may use the area at any point in time. 12
113	116		(b) Use by Families. – A covered facility may designate a single or multiple occupancy 13
114	117		restroom, changing facility, or sleeping quarters for family use for members of the same family. 14
115	118		(c) Additional Rules in Public Schools. – During an authorized activity or event by a 15
116	119		public school where students share sleeping quarters, no student shall share sleeping quarters 16
117	120		with a member of the other biological sex, unless members of the same family, such as a parent, 17
118	121		legal guardian, sibling, or grandparent, and the public school has received permission from the 18
119	122		parent or legal guardian. 19
120	123		"§ 143-768. Applicability. 20
121	124		(a) Exceptions. – This Article does not apply to a person who enters a single or multiple 21
122	125		occupancy bathroom, changing facility, or sleeping quarters designated for a biological sex other 22
123	126		than their own biological sex in any of the following circumstances: 23
124	127		(1) To perform custodial, maintenance, or inspection services. 24
125	128		(2) To render medical assistance. 25
126	129		(3) To effectuate assistance by law enforcement. 26
127	130		(4) To provide services or render aid during a natural disaster, a declared state of 27
128	131		emergency, or when necessary to prevent a serious threat to public order or 28
129	132		safety. 29
130	133		(b) Limitation. – Nothing in this Article shall be construed to prohibit a domestic violence 30
131	134		center or rape crisis center from adopting administrative rules or policies necessary to 31
132	135		accommodate persons or minors in need of physical assistance when using a single or multiple 32
133	136		occupancy restroom, changing facility, or sleeping quarters. 33
134	137		"§ 143-769. Standard of review. 34
135	138		Intermediate Scrutiny. – Any provision of this Article that distinguishes between biological 35
136	139		sexes in the furtherance of the purposes of this Article is subject to intermediate scrutiny, which 36
137	140		forbids discrimination against similarly situated persons but allows for distinctions between 37
138	141		biological sexes when there exists an important governmental interest. 38
139	142		"§ 143-770. Remedies; cause of action; rebuttable presumption. 39
140	143		(a) Civil Action. – A person who, while accessing a single or multiple occupancy 40
141	144		restroom, changing facility, or sleeping quarters, encounters a person of the opposite biological 41
142	145		sex in a covered facility has a private cause of action under this Article against the covered facility 42
143	146		if the covered facility (i) provided permission to the person to use a single or multiple occupancy 43
144	147		restroom, changing facility, or sleeping quarters of the opposite biological sex; or (ii) failed to 44
145	148		take reasonable steps to prohibit the person of the opposite biological sex from using the single 45
146	149		or multiple occupancy restroom, changing facility, or sleeping quarters. 46
147	150		(b) Contracting Liability. – A contractor who is entered into a contractual relationship 47
148	151		with an agency of the State that provides services to women at a covered facility, except for a 48
149	152		prison, and operated at the direction of and receives funding from the State, unit of local 49
150	153		government, or political subdivision, shall have a cause of action against the agency that employs 50
151	154		the person who directed the contractor to violate any provision of this Article. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~House Bill 791-First Edition~~
	155	+	Page 4 DRH40376-NB-4
153	156		(c) Protection. – A person who is subjected to retaliation or other adverse action by 1
154	157		asserting rights that are affirmed by this Article shall have a cause of action under this Article. 2
155	158		(d) Relief. – A person who brings a cause of action under this Article may obtain 3
156	159		appropriate relief as awarded by a court of competent jurisdiction, including injunctive relief, 4
157	160		protective order, writ of mandamus or prohibition, declaratory relief, actual damages, reasonable 5
158	161		attorneys' fees, and costs. A court may also award punitive damages if it is found that the 6
159	162		defendant committed egregiously wrongful acts or to deter the defendant and others from 7
160	163		committing similar wrongful acts. 8
161	164		(e) Statute of Limitation. – A person shall have three years from the date that the harm 9
162	165		occurred to bring a cause of action brought under this Article. If the person is a minor, the person 10
163	166		shall have three years from the date the minor attains the age of majority to bring a cause of 11
164	167		action." 12
165	168		SECTION 2.(b) This section becomes effective October 1, 2025, and applies to acts 13
166	169		or omissions occurring on or after that date. 14
167	170		15
168	171		PART III. BIRTH CERTIFICATE MODIFICATIONS 16
169	172		SECTION 3.(a) G.S. 130A-118(b) reads as rewritten: 17
170	173		"(b) A The State Registrar shall make a new certificate of birth shall be made by the State 18
171	174		Registrar when:whenever any of the following conditions are met: 19
172	175		(1) Proof is submitted to the State Registrar that the previously unwed parents of 20
173	176		a person have intermarried subsequent to the birth of the person;person. 21
174	177		(2) Notification is received by the State Registrar from the clerk of a court of 22
175	178		competent jurisdiction of a judgment, order or decree disclosing different or 23
176	179		additional information relating to the parentage of a person;person. 24
177	180		(3) Satisfactory proof is submitted to the State Registrar that there has been 25
178	181		entered in a court of competent jurisdiction a judgment, order order, or decree 26
179	182		disclosing different or additional information relating to the parentage of a 27
180	183		person; orperson. 28
181	184		(4) A written request from an individual is received by the State Registrar to 29
182	185		change the sex on that individual's birth record because of sex reassignment 30
183	186		surgery, if the request is accompanied by a notarized statement from the 31
184	187		physician who performed the sex reassignment surgery or from a physician 32
185	188		licensed to practice medicine who has examined the individual and can certify 33
186	189		that the person has undergone sex reassignment surgery." 34
187	190		SECTION 3.(b) This section is effective when it becomes law and applies to any 35
188	191		request for a new certificate of birth received on or after that date. 36
189	192		37
190	193		PART IV. DRIVERS LICENSE MODIFICATIONS 38
191	194		SECTION 4.(a) G.S. 20-7 reads as rewritten: 39
192	195		"§ 20-7. Issuance and renewal of drivers licenses. 40
193	196		… 41
194	197		(b1) Application. – To obtain an identification card, learners permit, or drivers license 42
195	198		from the Division, a person shall complete an application form provided by the Division, present 43
196	199		at least two forms of identification approved by the Commissioner, be a resident of this State, 44
197	200		and, except for an identification card, demonstrate his or her physical and mental ability to drive 45
198	201		safely a motor vehicle included in the class of license for which the person has applied. At least 46
199	202		one of the forms of identification shall indicate the applicant's residence address. The Division 47
200	203		may copy the identification presented or hold it for a brief period of time to verify its authenticity. 48
201	204		To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to 49
202	205		drive safely the type of motor vehicle for which the endorsement is required. 50 General Assembly Of North Carolina Session 2025
203		-	~~House Bill 791-First Edition~~ Page 5
	206	+	DRH40376-NB-4 Page 5
204	207		The application form shall request all of the following information, and it shall contain the 1
205	208		disclosures concerning the request for an applicant's social security number required by section 2
206	209		7 of the federal Privacy Act of 1974, Pub. L. No. 93-579: 3
207	210		… 4
208	211		(3) A physical description of the applicant, including the applicant's sex, sex as 5
209	212		reflected on the applicant's certificate of birth, height, eye color, and hair 6
210	213		color. 7
211	214		… 8
212	215		(n) Format. – A drivers license issued by the Division must be tamperproof and must 9
213	216		contain all of the following information: 10
214	217		… 11
215	218		(5) A physical description of the license holder, including sex, sex as reflected on 12
216	219		the person's certificate of birth, height, eye color, and hair color. 13
217	220		…." 14
218	221		SECTION 4.(b) This section is effective when it becomes law and applies to any 15
219	222		drivers license issued on or after that date. 16
220	223		17
221	224		PART V. EFFECTIVE DATE 18
222	225		SECTION 5. If any provision of this act or its application is held invalid, the 19
223	226		invalidity does not affect other provisions or applications of this act that can be given effect 20
224	227		without the invalid provisions or application and, to this end, the provisions of this act are 21
225	228		severable. 22
226	229		SECTION 6. Except as otherwise provided, this act becomes effective October 1, 23
227	230		2025. 24