103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5830
 
Introduced 4/30/2024, by Rep. David Friess
 
SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 70/1.45 new
5 ILCS 70/1.46 new
5 ILCS 70/1.47 new
5 ILCS 70/1.48 new
    Creates the Classification by Biological Sex Act. Sets forth findings. Provides that any public school or school district and any State or local agency, department, or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose of gathering public health, crime, economic, or other data shall classify each individual who is part of the collected data set as either male or female at birth. Amends the Statute on Statutes. Sets forth the meaning of the following terms as used in any statute or any rule or regulation: sex; female and male; woman and girl; man and boy; and mother and father.


LRB103 40416 BDA 72730 b

 
 
A BILL FOR
 
HB5830LRB103 40416 BDA 72730 b

1    AN ACT concerning sex-based classification.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 
5Classification by Biological Sex Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) When it comes to biological sex, "equal" not does 
8    not mean "same" or "identical".
9        (2) Policies and laws that distinguish between the 
10    sexes are subject to intermediate constitutional scrutiny, 
11    which forbids unfair discrimination against similarly 
12    situated males and females, but allows the law to 
13    distinguish between the sexes if doing so is substantially 
14    related to important governmental objectives.
 
15    Section 10. Data classification. Any public school or 
16school district and any State or local agency, department, or 
17office that collects vital statistics for the purpose of 
18complying with antidiscrimination laws or for the purpose of 
19gathering public health, crime, economic, or other data shall 
20classify each individual who is part of the collected data set 
21as either male or female at birth.
 
 
 
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1    Section 15. The Statute on Statutes is amended by adding 
2Sections 1.45, 1.46, 1.47, and 1.48 as follows:
 
3    (5 ILCS 70/1.45 new)
4    Sec. 1.45. Biological sex. Notwithstanding any other 
5provision of law, in determining the meaning of any statute or 
6any rule or regulation, a person's sex is either male or 
7female, as classified at birth.
 
8    (5 ILCS 70/1.46 new)
9    Sec. 1.46. Female or male. Notwithstanding any other 
10provision of law, in determining the meaning of any statute or 
11any rule or regulation, a female is an individual whose 
12biological reproductive system is developed to produce ova, 
13and a male is an individual whose biological reproductive 
14system is developed to fertilize the ova of a female.
 
15    (5 ILCS 70/1.47 new)
16    Sec. 1.47. Woman and girl; man and boy. Notwithstanding 
17any other provision of law, in determining the meaning of any 
18statute or any rule or regulation, the terms "woman" and 
19"girl" refer to a human female, and the terms "man" and "boy" 
20refer to a human male.
 
21    (5 ILCS 70/1.48 new)
22    Sec. 1.48. Mother or father. Notwithstanding any other 
 
 
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1provision of law, in determining the meaning of any statute or 
2any rule or regulation, a mother is a parent of the female sex, 
3and a father is a parent of the male sex.