Bill Analyses and Ratings
Bill Information: H0752 – Biological Sex Restroom Access Criminal Penalties
Bill Summary
House Bill 752 creates a new criminal offense in Idaho Code Section 18-4117 that prohibits individuals from knowingly and willfully entering restrooms or changing rooms designated for the opposite biological sex in government-owned buildings and places of public accommodation. A first violation constitutes a misdemeanor punishable by up to one year in county jail, while a second violation within five years becomes a felony punishable by up to five years in state prison.
The bill provides ten specific exceptions to the prohibition, including entering for custodial or maintenance services, rendering medical assistance, providing law enforcement supervision, responding to emergencies or natural disasters, using single-user facilities when no other option is available, using facilities during dire need when no other option exists, using temporarily re-designated facilities, providing coaching during athletic events, accompanying family members or legal guardians who need assistance, and accompanying minor children who need assistance. 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.
Overall Assessment
This bill receives a total score of 1 based on its alignment with platform principles regarding the American family and law enforcement. The legislation addresses concerns about privacy and safety in sex-designated facilities by establishing criminal penalties for violations, which aligns with traditional family values and public safety objectives. The bill creates new enforcement mechanisms through misdemeanor and felony penalties while providing specific exceptions for legitimate purposes.
The positive rating under the American Family metric reflects the bill’s intent to protect privacy in intimate spaces based on biological sex distinctions, which supporters view as safeguarding traditional norms and protecting women and children in vulnerable settings. The positive rating under Law and Order with Justice acknowledges the establishment of clear legal standards and enforcement mechanisms, though the creation of new criminal penalties represents an expansion of government regulation. Other metrics receive neutral ratings as the bill does not directly impact those policy areas.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (-1)
This bill expands government regulation by creating new criminal offenses and enforcement mechanisms in public facilities, increasing the scope of government intervention in daily activities. The legislation adds misdemeanor and felony penalties that will require additional law enforcement resources, prosecutorial efforts, and potential incarceration costs, expanding the criminal justice system's reach into facility usage.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
This bill does not address citizen participation in government processes, public transparency, or mechanisms for citizen engagement in decision-making. The legislation focuses on criminal penalties for facility usage rather than governance structures or public involvement.
ARTICLE III. EDUCATION (0)
This bill does not directly address educational policy, curriculum standards, school choice, or educational funding. While it applies to government buildings which may include educational facilities, the legislation's primary focus is on criminal penalties for facility usage rather than educational matters.
ARTICLE IV. AGRICULTURE (0)
This bill does not address agricultural policy, farming practices, or rural economic issues. The legislation focuses on facility usage in government buildings and public accommodations, which is unrelated to agricultural concerns.
ARTICLE V. WATER (0)
This bill does not address water rights, water quality, water infrastructure, or water management issues. The legislation concerns facility usage policies rather than water resources.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
This bill does not address natural resource management, environmental protection, or conservation policies. The legislation focuses on facility usage regulations rather than environmental matters.
ARTICLE VII. ENERGY (0)
This bill does not address energy production, energy policy, or energy infrastructure. The legislation concerns facility usage in public buildings rather than energy matters.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill does not address the Idaho National Laboratories, nuclear research, or related scientific activities. The legislation focuses on facility usage policies in government buildings and public accommodations generally.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
This bill does not directly impact private property ownership, property rights protections, or eminent domain issues. While it applies to places of public accommodation, the legislation focuses on facility usage regulations rather than property rights themselves.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This bill does not address state or federal land management, land transfers, or public lands policy. The legislation concerns facility usage in buildings rather than land management issues.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill does not address wildlife management, hunting regulations, or conservation of animal populations. The legislation focuses on facility usage in public buildings rather than wildlife matters.
ARTICLE XII. ECONOMY (0)
This bill does not directly address economic development, taxation, business regulation, or fiscal policy. While enforcement may have minor economic impacts, the legislation's primary focus is on facility usage rather than economic matters.
ARTICLE XIII. HEALTH AND WELFARE (0)
This bill does not address healthcare policy, public health programs, or welfare services. While proponents may argue privacy concerns relate to wellbeing, the legislation's mechanism is criminal enforcement rather than health policy.
ARTICLE XIV. AMERICAN FAMILY (1)
This bill supports traditional family values by establishing legal protections for sex-designated private spaces based on biological sex. The legislation addresses privacy and safety concerns in intimate facilities, which aligns with protecting women and children in vulnerable settings according to traditional norms.
ARTICLE XV. OLDER AMERICANS (0)
This bill does not specifically address issues affecting older Americans, senior services, or retirement security. The legislation applies generally to facility usage rather than targeting concerns specific to elderly populations.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
This bill establishes clear legal standards and enforcement mechanisms for facility usage, creating defined criminal penalties for violations. The legislation provides specific exceptions that balance enforcement with practical considerations, establishing a structured approach to public safety concerns in designated facilities.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill does not address national defense, border security, immigration enforcement, or military matters. The legislation focuses on facility usage in public buildings rather than national security issues.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
This bill does not address judicial selection, court structure, or the election of judges. The legislation concerns facility usage regulations rather than judicial system matters.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill does not directly address religious freedom, religious expression, or protections for religious institutions. While some may view the legislation through a religious values lens, it does not explicitly involve religious liberty protections or restrictions.