North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S516 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 516
	3	+	S D
	4	+	SENATE BILL DRS15227-NB-4A
	5	+
5	6
6	7
7	8		Short Title: Women's Safety and Protection Act. (Public)
8	9		Sponsors: Senators Sawyer and Overcash (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S516 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15227 -NB-4A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO DEFINE VARIOUS TERMS IN THE GENERAL STATUTES OF NORTH 2
14	15		CAROLINA AND TO ENACT THE WOMEN 'S SAFETY AND PROTECTION ACT . 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		5
17	18		PART I. STANDARDIZATION OF CERTAIN DEFINED TERMS IN STATE LAW 6
18	19		SECTION 1. G.S. 12-3 reads as rewritten: 7
19	20		"§ 12-3. Rules for construction of statutes. 8
20	21		(a) In the construction of all statutes the following rules shall be observed, unless such 9
21	22		construction would be inconsistent with the manifest intent of the General Assembly, or 10
22	23		repugnant to the context of the same statute, that is to say: 11
23	24		… 12
24	25		(b) Except as otherwise specifically provided, the following definitions apply throughout 13
25	26		the General Statutes as follows: 14
26	27		(1) Biological sex or sex. – The biological indication of male and female in the 15
27	28		context of reproductive potential or capacity, such as sex chromosomes, 16
28	29		naturally occurring sex hormones, gonads, and nonambiguous internal and 17
29	30		external genitalia present at birth, without regard to an individual's 18
30	31		psychological, chosen, or subjective experience of gender. 19
31	32		(2) Boy. – A human male who is a minor. 20
32	33		(3) Father. – A parent who is of the male sex. 21
33	34		(4) Female. – An individual who has, had, will have, or would have, but for a 22
34	35		developmental or genetic anomaly or historical accident, the reproductive 23
35	36		system that, at some point, produces, transports, and utilities eggs for 24
36	37		fertilization. 25
37	38		(5) Gender. – The psychological, behavioral, social, and cultural aspects of being 26
38	39		male or female. 27
39	40		(6) Girl. – A human female who is a minor. 28
40	41		(7) Male. – An individual who has, had, will have, or would have, but for a 29
41	42		developmental or genetic anomaly or historical accident, the reproductive 30
42	43		system that, at some point, produces, transports, and utilities sperm for 31
43	44		fertilization. 32
44	45		(8) Man. – A human male that has reached the age of majority or a minor who 33
45	46		has been emancipated. 34
46		-	(9) Mother. – A parent who is of the female sex. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 516-First Edition
	47	+	(9) Mother. – A parent who is of the female sex. 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 516
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS15227-NB-4A
48	53		(10) Woman. – A human female that has reached the age of majority or a minor 1
49	54		who has been emancipated." 2
50	55		3
51	56		PART II. WOMEN'S SAFETY AND PROTECTION ACT 4
52	57		SECTION 2.(a) Chapter 143 of the General Statutes is amended by adding a new 5
53	58		Article to read: 6
54	59		"Article 81B. 7
55	60		"Women's Safety and Protection Act. 8
56	61		"§ 143-765. Short title; purpose. 9
57	62		(a) Short Title. – This Article shall be known as and may be cited as the "Women's Safety 10
58	63		and Protection Act." 11
59	64		(b) Purpose. – The purpose of this Article is as follows: 12
60	65		(1) To clarify and reconcile the meaning of the terms biological sex, gender, and 13
61	66		any other related terms in State law. 14
62	67		(2) To provide protections for women against sexual assault, harassment, and 15
63	68		violence in correctional facilities, juvenile detention facilities, domestic 16
64	69		violence centers, dormitories, and restrooms, or where women have been 17
65	70		traditionally afforded safety and protection from acts of abuse committed by 18
66	71		biological men. 19
67	72		"§ 143-766. Definitions. 20
68	73		The following definitions apply in this Article: 21
69	74		(1) Agency. – As defined in G.S. 143-336. 22
70	75		(2) Biological sex or sex. – As defined in G.S. 12-3. 23
71	76		(3) Covered facility. – A prison, local confinement facility, domestic violence 24
72	77		center, rape crisis center, juvenile detention facility, or public school, that 25
73	78		receives State funds. 26
74	79		(4) Domestic violence center. – A facility that conducts a domestic violence 27
75	80		program, as defined in G.S. 8-53.12. 28
76	81		(5) Gender. – As defined in G.S. 12-3. 29
77	82		(6) Juvenile detention facility. – Means the same as the term "detention facility" 30
78	83		as defined in G.S. 7B-1051. 31
79	84		(7) Local confinement facility. – As defined in G.S. 153A-217. 32
80	85		(8) Multiple occupancy restroom/changing facility. – A facility designed or 33
81	86		designated to be used by more than one person at a time where persons may 34
82	87		be in various states of undress in the presence of other persons. A multiple 35
83	88		occupancy bathroom or changing facility may include a school restroom, 36
84	89		locker room, changing room, or shower room. 37
85	90		(9) Prison. – A confinement facility under the supervision of the Division of 38
86	91		Prisons of the Department of Adult Correction. 39
87	92		(10) Public school. – All of the following: 40
88	93		a. Any school in a public school unit, as defined in G.S. 115C-5(7a). 41
89	94		b. A school providing elementary or secondary education operated by 42
90	95		either of the following: 43
91	96		1. The Department of Health and Human Services. 44
92	97		2. The Division of Juvenile Justice of the Department of Public 45
93	98		Safety. 46
94	99		c. A community college located in North Carolina. 47
95	100		d. A constituent institution of The University of North Carolina. 48
96	101		(11) Rape crisis center. – As defined in G.S. 8-53.12. 49
97	102		(12) Single occupancy restroom/changing facility. – A facility designed or 50
98	103		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
99		-	~~Senate Bill 516-First Edition~~ Page 3
	104	+	DRS15227-NB-4A Page 3
100	105		various states of undress, including a single stall restroom designated as 1
101	106		unisex or for use based on biological sex. 2
102	107		(13) Sleeping quarters. – A room with a bed in which more than one individual is 3
103	108		housed overnight in a covered facility. 4
104	109		(14) Woman. – As defined in G.S. 12-3. 5
105	110		"§ 143-767. Safety and privacy of covered facilities. 6
106	111		(a) Use by One Biological Sex. – Except as provided under subsection (b) of this section, 7
107	112		a single or multiple occupancy restroom, changing facility, or sleeping quarters within a covered 8
108	113		facility in this State shall only be used by one designated biological sex at one time. If more than 9
109	114		one designated biological sex is able to access or use a single or multiple occupancy restroom, 10
110	115		changing facility, or sleeping quarters, then the covered facility shall have administrative rules 11
111	116		or policies specifying that only one biological sex may use the area at any point in time. 12
112	117		(b) Use by Families. – A covered facility may designate a single or multiple occupancy 13
113	118		restroom, changing facility, or sleeping quarters for family use for members of the same family. 14
114	119		(c) Additional Rules in Public Schools. – During an authorized activity or event by a 15
115	120		public school where students share sleeping quarters, no student shall share sleeping quarters 16
116	121		with a member of the other biological sex, unless members of the same family, such as a parent, 17
117	122		legal guardian, sibling, or grandparent, and the public school has received permission from the 18
118	123		parent or legal guardian. 19
119	124		"§ 143-768. Applicability. 20
120	125		(a) Exceptions. – This Article does not apply to a person who enters a single or multiple 21
121	126		occupancy bathroom, changing facility, or sleeping quarters designated for a biological sex other 22
122	127		than their own biological sex in any of the following circumstances: 23
123	128		(1) To perform custodial, maintenance, or inspection services. 24
124	129		(2) To render medical assistance. 25
125	130		(3) To effectuate assistance by law enforcement. 26
126	131		(4) To provide services or render aid during a natural disaster, a declared state of 27
127	132		emergency, or when necessary to prevent a serious threat to public order or 28
128	133		safety. 29
129	134		(b) Limitation. – Nothing in this Article shall be construed to prohibit a domestic violence 30
130	135		center or rape crisis center from adopting administrative rules or policies necessary to 31
131	136		accommodate persons or minors in need of physical assistance when using a single or multiple 32
132	137		occupancy restroom, changing facility, or sleeping quarters. 33
133	138		"§ 143-769. Standard of review. 34
134	139		Intermediate Scrutiny. – Any provision of this Article that distinguishes between biological 35
135	140		sexes in the furtherance of the purposes of this Article is subject to intermediate scrutiny, which 36
136	141		forbids discrimination against similarly situated persons but allows for distinctions between 37
137	142		biological sexes when there exists an important governmental interest. 38
138	143		"§ 143-770. Remedies; cause of action; rebuttable presumption. 39
139	144		(a) Civil Action. – A person who, while accessing a single or multiple occupancy 40
140	145		restroom, changing facility, or sleeping quarters, encounters a person of the opposite biological 41
141	146		sex in a covered facility has a private cause of action under this Article against the covered facility 42
142	147		if the covered facility (i) provided permission to the person to use a single or multiple occupancy 43
143	148		restroom, changing facility, or sleeping quarters of the opposite biological sex; or (ii) failed to 44
144	149		take reasonable steps to prohibit the person of the opposite biological sex from using the single 45
145	150		or multiple occupancy restroom, changing facility, or sleeping quarters. 46
146	151		(b) Contracting Liability. – A contractor who is entered into a contractual relationship 47
147	152		with an agency of the State that provides services to women at a covered facility, except for a 48
148	153		prison, and operated at the direction of and receives funding from the State, unit of local 49
149	154		government, or political subdivision, shall have a cause of action against the agency that employs 50
150	155		the person who directed the contractor to violate any provision of this Article. 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~Senate Bill 516-First Edition~~
	156	+	Page 4 DRS15227-NB-4A
152	157		(c) Protection. – A person who is subjected to retaliation or other adverse action by 1
153	158		asserting rights that are affirmed by this Article shall have a cause of action under this Article. 2
154	159		(d) Relief. – A person who brings a cause of action under this Article may obtain 3
155	160		appropriate relief as awarded by a court of competent jurisdiction, including injunctive relief, 4
156	161		protective order, writ of mandamus or prohibition, declaratory relief, actual damages, reasonable 5
157	162		attorneys' fees, and costs. A court may also award punitive damages if it is found that the 6
158	163		defendant committed egregiously wrongful acts or to deter the defendant and others from 7
159	164		committing similar wrongful acts. 8
160	165		(e) Statute of Limitation. – A person shall have three years from the date that the harm 9
161	166		occurred to bring a cause of action brought under this Article. If the person is a minor, the person 10
162	167		shall have three years from the date the minor attains the age of majority to bring a cause of 11
163	168		action." 12
164	169		SECTION 2.(b) This section becomes effective October 1, 2025, and applies to acts 13
165	170		or omissions occurring on or after that date. 14
166	171		15
167	172		PART III. BIRTH CERTIFICATE MODIFICATIONS 16
168	173		SECTION 3.(a) G.S. 130A-118(b) reads as rewritten: 17
169	174		"(b) A The State Registrar shall make a new certificate of birth shall be made by the State 18
170	175		Registrar when:whenever any of the following conditions are met: 19
171	176		(1) Proof is submitted to the State Registrar that the previously unwed parents of 20
172	177		a person have intermarried subsequent to the birth of the person;person. 21
173	178		(2) Notification is received by the State Registrar from the clerk of a court of 22
174	179		competent jurisdiction of a judgment, order or decree disclosing different or 23
175	180		additional information relating to the parentage of a person;person. 24
176	181		(3) Satisfactory proof is submitted to the State Registrar that there has been 25
177	182		entered in a court of competent jurisdiction a judgment, order order, or decree 26
178	183		disclosing different or additional information relating to the parentage of a 27
179	184		person; orperson. 28
180	185		(4) A written request from an individual is received by the State Registrar to 29
181	186		change the sex on that individual's birth record because of sex reassignment 30
182	187		surgery, if the request is accompanied by a notarized statement from the 31
183	188		physician who performed the sex reassignment surgery or from a physician 32
184	189		licensed to practice medicine who has examined the individual and can certify 33
185	190		that the person has undergone sex reassignment surgery." 34
186	191		SECTION 3.(b) This section is effective when it becomes law and applies to any 35
187	192		request for a new certificate of birth received on or after that date. 36
188	193		37
189	194		PART IV. DRIVERS LICENSE MODIFICATIONS 38
190	195		SECTION 4.(a) G.S. 20-7 reads as rewritten: 39
191	196		"§ 20-7. Issuance and renewal of drivers licenses. 40
192	197		… 41
193	198		(b1) Application. – To obtain an identification card, learners permit, or drivers license 42
194	199		from the Division, a person shall complete an application form provided by the Division, present 43
195	200		at least two forms of identification approved by the Commissioner, be a resident of this State, 44
196	201		and, except for an identification card, demonstrate his or her physical and mental ability to drive 45
197	202		safely a motor vehicle included in the class of license for which the person has applied. At least 46
198	203		one of the forms of identification shall indicate the applicant's residence address. The Division 47
199	204		may copy the identification presented or hold it for a brief period of time to verify its authenticity. 48
200	205		To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to 49
201	206		drive safely the type of motor vehicle for which the endorsement is required. 50 General Assembly Of North Carolina Session 2025
202		-	~~Senate Bill 516-First Edition~~ Page 5
	207	+	DRS15227-NB-4A Page 5
203	208		The application form shall request all of the following information, and it shall contain the 1
204	209		disclosures concerning the request for an applicant's social security number required by section 2
205	210		7 of the federal Privacy Act of 1974, Pub. L. No. 93-579: 3
206	211		… 4
207	212		(3) A physical description of the applicant, including the applicant's sex, sex as 5
208	213		reflected on the applicant's certificate of birth, height, eye color, and hair 6
209	214		color. 7
210	215		… 8
211	216		(n) Format. – A drivers license issued by the Division must be tamperproof and must 9
212	217		contain all of the following information: 10
213	218		… 11
214	219		(5) A physical description of the license holder, including sex, sex as reflected on 12
215	220		the person's certificate of birth, height, eye color, and hair color. 13
216	221		…." 14
217	222		SECTION 4.(b) This section is effective when it becomes law and applies to any 15
218	223		drivers license issued on or after that date. 16
219	224		17
220	225		PART V. EFFECTIVE DATE 18
221	226		SECTION 5. If any provision of this act or its application is held invalid, the 19
222	227		invalidity does not affect other provisions or applications of this act that can be given effect 20
223	228		without the invalid provisions or application and, to this end, the provisions of this act are 21
224	229		severable. 22
225	230		SECTION 6. Except as otherwise provided, this act becomes effective October 1, 23
226	231		2025. 24