Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-2210. For
purposes of this article:
(1)
'Facilitate' means to raise, solicit, collect, or provide
material support or resources with intent that such will be
used, in whole or in part, to plan, prepare, carry out, or aid
in any act of female genital mutilation or hindering the
prosecution of an act of female genital mutilation, or the
concealment of an act of female genital mutilation.
(2)
'Female genital mutilation' or 'mutilation' means:
(a)
the partial or total removal of the clitoris, prepuce, or
labia minora, with or without excision of the labia majora;
or
(b)
the narrowing of the vaginal opening through the creation
of a covering seal formed by cutting and repositioning the inner
or outer labia, with or without the removal of the clitoris.
(3)
'Health care professional' means an individual who is
licensed, certified, or otherwise authorized by the laws of this
State to provide health care to members of the public.
(4)
'Hindering the prosecution of female genital mutilation'
means actions to include, but not be limited to the:
(a)
harboring or concealing a person who is known or believed
by the facilitator to be planning to commit an act of female
genital mutilation;
(b)
warning a person who is known or believed by the
facilitator to be planning to commit an act of female genital
mutilation of impending discovery or apprehension; or
(c)
suppressing any physical evidence that might aid in the
discovery or apprehension of a person who is known or believed
by the facilitator to be planning to commit an act of female
genital mutilation.
(5)
'Material support or resources' means currency or other
financial securities, financial services, instruments of value,
lodging, training, false documentation or identification,
medical equipment, computer equipment, software, facilities,
personnel, transportation, or other physical assets.
(6)
'Mutilate' means to commit female genital mutilation or
mutilation.
(7)
'Unable to consent' means unable to appreciate the nature
and implications of the patient's condition and proposed health
care, to make a reasoned decision concerning the proposed health
care, or to communicate that decision in an unambiguous manner.
A patient's inability to consent must be certified by two
licensed physicians, each of whom has examined the patient.
However, in an emergency the patient's inability to consent may
be certified by a health care professional responsible for the
care of the patient if the health care professional states in
writing in the patient's record that the delay occasioned by
obtaining certification from two licensed physicians would be
detrimental to the patient's health. A certifying physician or
other health care professional shall give an opinion regarding
the cause and nature of the inability to consent, its extent,
and its probable duration. If a patient unable to consent is
being admitted to hospice care pursuant to a physician
certification of a terminal illness required by Medicare, that
certification meets the certification requirements of this item.
Section 16-3-2220. (A)
It is unlawful for a person to:
(1)
knowingly mutilate or attempt to mutilate a female who is
under eighteen years of age or who is unable to consent;
(2)
knowingly facilitate the mutilation of a female who is
under eighteen years of age of who is unable to consent; or
(3)
knowingly transport or facilitate the transportation of a
female who is under eighteen years of age or who is unable to
consent from this State for the purpose of mutilation.
(B) Any person who
violates the provisions of this article is guilty of a felony
and, upon conviction, must be fined not more than twenty
thousand dollars or imprisoned not more than twenty years, or
both.
(C) Section 63-5-330
does not apply to this chapter.
Section 16-3-2230.
(A) It is not a defense
to prosecution for a violation of this article that a female
genital mutilation procedure is:
(1)
required as a matter of belief, custom, or ritual;
(2)
consented to by the minor or female who is unable to
consent on whom the procedure is performed; or
(3)
consented to by the parent or legal guardian of the minor
or female who is unable to consent on whom the procedure is
performed.
(B) A procedure
involving female genital mutilation is not a violation of this
article if it is:
(1)
necessary to the physical health of the minor or female
who is unable to consent on whom it is performed; or
(2)
performed on a minor or female who is unable to consent
who is in labor or who has just given birth for medical purposes
connected with that labor or birth.
(C) A physician,
physician-in-training, nurse, certified nurse-midwife, or any
other medical professional who performs, participates in, or
facilitates a female genital mutilation procedure which does not
fall under one of the exceptions listed in subsection (B), in
addition to the criminal penalties provided in this article,
shall have his professional license or certification permanently
revoked.
Section 16-3-2240.
(A) An indictment for a
violation or an attempted violation of this article may be found
and filed within ten years after the offense is committed or by
the alleged victim's twenty-second birthday, whichever is
later.
(B) The provisions of
this article do not prohibit a person from being charged with,
convicted of, or punished for any other violation of law arising
out of the same transaction or occurrence as the violation of
this article."
SECTION 2. Section 63-7-20(6)(a)(v) and (vi) of the 1976 Code, as last amended by Act 146 of 2018, is further amended to read:
"(v) encourages,
condones, or approves the commission of delinquent acts by the
child including, but not limited to, sexual trafficking or
exploitation, and the commission of the acts are shown to be the
result of the encouragement, condonation, or approval;
or
(vi) commits or
allows to be committed against the child female genital
mutilation as defined in Section 16-3-2210 or engages in acts or
omissions that present a substantial risk that the crime of
female genital mutilation would be committed against the child;
or
(vii) has
committed abuse or neglect as described in subitems (i) through
(v)(vi) such that a child who
subsequently becomes part of the person's household is at
substantial risk of one of those forms of abuse or neglect;
or"
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act
takes effect upon approval by the Governor.
/
Renumber sections to conform.
Amend title to conform.