HB 1198

                                                            Introduced Version
           HOUSE BILL No. 1198
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-43-2.5.
Synopsis: 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 certain defenses.
Effective: July 1, 2026.
                              Borders
   January 5, 2026, read first time and referred to Committee on Courts and Criminal Code.
2026  IN 1198—LS 6601/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1198
    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, 2026]: 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 35-31.5-2-191.3 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2026]: Sec. 191.3. "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, 2026]:
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:
 2026  IN 1198—LS 6601/DI 149
                                   2
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).
 2026  IN 1198—LS 6601/DI 149