The Idaho Legislature on Friday passed House Bill 752, which would make it a crime to knowingly and willfully enter a restroom or changing room designated for the opposite sex in government buildings and places of public accommodation, including private businesses.
The measure now heads to Republican Gov. Brad Little.
The Senate approved the bill 28-7 after it passed the House on March 16 by a 54-15 vote.
The legislation expands state restrictions by extending criminal penalties statewide.
A first offense would be a misdemeanor punishable by up to one year in prison.
A second offense within five years would be a felony punishable by up to five years in prison.
The bill includes exceptions for medical or law enforcement assistance and for use of a single-user facility when it is the only option reasonably available.
Additional exceptions listed in the bill include custodial work, emergencies, athletic coaching, family or guardian assistance, and cases of "dire need of urinating or defecating."
The measure would take effect July 1 if signed by the governor.
State Rep. Cornel Rasor, R-Sagle, who introduced the bill, said it would protect "privacy, safety, and dignity, especially for women and girls," plus prevent discomfort, voyeurism escalation, and assaults "while preserving single-user options and narrow exceptions so no one is denied access for emergency aid."
Opponents said state laws already address indecent exposure and predatory conduct.
Rep. Clay Handy, R-Burley, said the proposal "makes no sense at all" after lawmakers heard little testimony describing the types of crimes cited by supporters.
Law enforcement groups also opposed the bill.
The Idaho Fraternal Order of Police said in written testimony that the measure "presents significant practical enforcement challenges for law enforcement officers in the field," according to the Idaho Capital Sun.
The Associated Press reported that the group and the Idaho Chiefs of Police Association argued the bill could require officers to assess a person's sex or determine whether an exception applies.
Idaho is one of more than 20 states with laws restricting bathroom access based on biological sex.
The governor has not publicly commented on the measure.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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