Bill Analyses and Ratings
Bill Information: H0606 – Biological Sex Restroom Access Criminal Penalties
Bill Summary
House Bill 606 creates a new criminal offense in Idaho Code Section 18-4117 that prohibits any person from knowingly and willfully entering a restroom or changing room designated for the opposite biological sex in government-owned buildings or places of public accommodation. A first violation constitutes a misdemeanor, while a second violation within five years becomes a felony punishable by up to five years in state prison.
The bill defines “changing room” as any facility where a person may be in a state of undress in the presence of others, including locker rooms and shower rooms. It provides eight categories of exceptions: custodial and maintenance work, medical assistance, law enforcement duties, emergency services, single-user facilities when no alternative exists, temporarily re-designated facilities, athletic coaching, and family members or designated caregivers assisting someone in need. The law applies to all public accommodations as defined in Idaho’s Human Rights Act and includes an emergency clause making it effective July 1, 2026.
Overall Assessment
This bill creates criminal penalties for individuals who enter restrooms or changing rooms designated for the opposite biological sex in government buildings and public accommodations. The legislation establishes escalating consequences from misdemeanor to felony for repeat offenses, directly affecting transgender individuals and others whose gender identity differs from their biological sex. The law provides exceptions for emergency personnel, caregivers, and maintenance workers but otherwise criminalizes restroom access based on biological sex designation.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill creates a new criminal statute regulating restroom access in government-owned buildings and public accommodations. It does not address fiscal policy, taxation, government spending, balanced budgets, or the size and scope of government programs.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This legislation establishes criminal penalties for restroom access violations. It does not address citizen participation in government, election processes, primary systems, voting rights, or political engagement mechanisms.
ARTICLE III. EDUCATION (0)
While the law would apply to restrooms in public schools as government-owned buildings, the bill itself does not address education policy, curriculum standards, parental rights in education, school choice, or educational funding.
ARTICLE IV. AGRICULTURE (0)
The bill regulates restroom access in public facilities. It contains no provisions related to agriculture, farming, ranching, agricultural water rights, or rural economic development.
ARTICLE V. WATER (0)
This legislation creates criminal penalties for restroom access violations. It does not address water rights, water management, inter-basin transfers, prior appropriation doctrine, or water infrastructure.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill establishes criminal penalties for entering restrooms designated for the opposite biological sex. It does not address environmental stewardship, natural resource management, federal environmental regulations, or land conservation.
ARTICLE VII. ENERGY (0)
This legislation regulates access to public restrooms and changing facilities. It contains no provisions related to energy independence, energy production, electrical rates, hydroelectric power, or energy infrastructure.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill creates criminal penalties for restroom access violations in public accommodations. It does not address Idaho National Laboratory operations, nuclear research, energy technology development, or DOE programs.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill regulates conduct in government-owned buildings and places of public accommodation as defined in Idaho's Human Rights Act. It does not address private property rights, eminent domain, just compensation, or regulatory takings.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This legislation establishes criminal penalties for restroom access based on biological sex. It does not address federal land management, state administration of public lands, or reducing federal land ownership.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill regulates access to restrooms and changing rooms in public facilities. It contains no provisions related to fish and game management, hunting, fishing, wildlife resources, or predator control.
ARTICLE XII. ECONOMY (0)
While the law applies to places of public accommodation, it does not directly address commerce, business regulation, economic development, labor policy, taxation, or transportation infrastructure that would constitute economic policy.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill creates criminal penalties for restroom access violations. Though it includes an exception for rendering medical assistance, it does not address healthcare delivery systems, health insurance, medical decision-making, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (1)
The bill enforces separation of restrooms and changing facilities based on "opposite biological sex," directly implementing the principle that "biological gender to be an essential characteristic of a child's identity and purpose." The legislation codifies biological sex as the determining factor for facility access, aligning with traditional family values regarding gender identity.
ARTICLE XV. OLDER AMERICANS (0)
This legislation regulates restroom access based on biological sex. It does not address policies affecting older Americans, including healthcare for seniors, employment opportunities, Social Security, Medicare, or services for aging populations.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill creates a new criminal offense with clear penalties: "shall be guilty of a misdemeanor" for first violations and "shall be guilty of a felony" for second offenses within five years, with imprisonment up to five years. This establishes enforceable criminal law with escalating consequences for repeat violations, supporting law enforcement and criminal justice objectives.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill addresses restroom access in public accommodations and government buildings. It does not address military strength, veterans' affairs, missile defense, military installations, National Guard operations, border security, or terrorism prevention.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
This legislation creates criminal penalties for restroom access violations. It does not address judicial selection processes, partisan election of judges, constitutional interpretation methods, or court procedures.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill regulates restroom access based on biological sex. While some individuals may hold religious views on gender identity, the bill itself does not address religious freedom, free exercise of religion, conscience protections, or government interference in religious practices.