North Carolina HB 791: Women's Safety and Protection Act.
Status: Passed 1st Reading (as of 2025-04-08)
State: North Carolina · Session: 2025 · Bill: HB 791
Subjects: COURTS; DEFINITIONS; DMV; DRIVERS LICENSES; LGBTQ & GENDER ISSUES; ID SYSTEMS; LICENSES & PERMITS; MOTOR VEHICLES; PUBLIC; PUBLIC OFFICIALS; PUBLIC RECORDS; STATE EMPLOYEES; STATE REGISTRAR; VITAL RECORDS; WOMEN; RECORDS; CIVIL ACTIONS
Sponsors: Balkcom, Rhyne, Stevens, Almond, Arp, Biggs, Blust, Branson, Cairns, Eddins, Hastings, Johnson, Kidwell, Loftis, McNeely, Moss, N. Jackson, Pickett, Riddell, Scott, Ward, Zenger
Bill Text
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 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 General Assembly Of North Carolina Session 2025 Page 2 House Bill 791-First Edition (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 4
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