Women's Safety and Protection Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 791

Short Title: Women's Safety and Protection Act. (Public)
Sponsors: Representatives Balkcom, Stevens, Rhyne, and Eddins (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 8, 2025
*H791-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO DEFINE VAR IOUS TERMS IN THE GE NERAL STATUTES OF NO RTH 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
General Assembly Of North Carolina Session 2025
Page 2 House Bill 791-First Edition
(10) Woman. – A human femal e 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 facilit ies, 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 confi nement 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 f acility. – 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
House Bill 791-First Edition 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 a dministrative 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 assistan ce 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
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(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 att ains 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 becau se 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
House Bill 791-First Edition Page 5
The application form shall request all of the following information, and it shal l 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