House Bill 1520: Trans People Banned from Indiana Public Restrooms
Indiana HB 1520: I’ll save you some time reading this. It essentially says that people assigned male at birth have to use the men’s public restroom and people assigned female at birth have to use the women’s public restroom or be charged with a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. This would essentially keep all transgender people from public places and prevent transgender people from traveling anywhere in the state of Indiana. This would apply not only to residents of Indiana but also people traveling to Indiana, effectively making it impossible for companies to send their trans employees to the state.
Introduced House Bill (H)
Authored by Rep. Bruce Borders.DIGEST
Use of public restrooms. Makes it a Class B misdemeanor if: (1) a male knowingly or intentionally enters a restroom that is designated to be used only by females; or (2) a female knowingly or intentionally enters a restroom that is designated to be used only by males. Provides for certain defenses.Actions for House Bill 1520
H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative BordersLink to PDF File of Introduced Bill: HB1520.01.INTR
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly.
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-130.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 130.3. “Female”, for purposes of
4 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-1.
5 SECTION 2. IC 35-31.5-2-191.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2023]: Sec. 191.5. “Male”, for purposes of
8 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-2.
9 SECTION 3. IC 35-43-2.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]:
12 Chapter 2.5. Single Sex Public Restroom Trespass
13 Sec. 1. As used in this chapter, “female” means an individual
14 who:
15 (1) was born female at birth; or
16 (2) has at least one (1) X chromosome and no Y chromosome.
17 Sec. 2. As used in this chapter, “male” means an individual who:
2023IN 1520—LS 6969/DI 149
1 (1) was born male at birth; or
2 (2) has at least one (1) X chromosome and at least one (1) Y
3 chromosome.
4 Sec. 3. A:
5 (1) male who knowingly or intentionally enters a restroom
6 that is designated to be used only by females; or
7 (2) female who knowingly or intentionally enters a restroom
8 that is designated to be used only by males;
9 commits restroom trespass, a Class B misdemeanor.
10 Sec. 4. (a) It is a defense to a prosecution under this chapter if
11 a person enters a restroom designated only for the opposite gender:
12 (1) for custodial purposes; or
13 (2) to render assistance.
14 (b) It is a defense to a prosecution under this chapter if a person
15 who is less than twelve (12) years of age accompanies the person’s:
16 (1) parent;
17 (2) guardian;
18 (3) custodian;
19 (4) teacher; or
20 (5) babysitter;
21 into a restroom designated for the gender of the person listed in
22 subdivisions (1) through (5).
