H 4710 Session 110 (1993-1994)
H 4710 General Bill, By J.J. Snow, Allison, A.W. Byrd, Cobb-Hunter, Gamble,
J.L. Harris, Meacham, Moody-Lawrence, Neilson, I.K. Rudnick, Spearman, Stuart,
P.H. Thomas, C.Y. Waites, C.C. Wells, L.S. Whipper and Young-Brickell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
16-3-750 so as to make it a felony for a person to knowingly circumcise,
excise, or infibulate certain parts of the anatomy of a female who has not
attained the age of eighteen years, to make it a misdemeanor for a person to
knowingly deny to any person medical care or services or otherwise
discriminate against a person in the provision of medical care or services
because that person has undergone or requested female circumcision, excision,
or infibulation, and to provide penalties for violations.
02/09/94 House Introduced and read first time HJ-31
02/09/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-31
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 16-3-750 SO AS TO MAKE IT A FELONY
FOR A PERSON TO KNOWINGLY CIRCUMCISE, EXCISE, OR
INFIBULATE CERTAIN PARTS OF THE ANATOMY OF A
FEMALE WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN
YEARS, TO MAKE IT A MISDEMEANOR FOR A PERSON TO
KNOWINGLY DENY TO ANY PERSON MEDICAL CARE OR
SERVICES OR OTHERWISE DISCRIMINATE AGAINST A
PERSON IN THE PROVISION OF MEDICAL CARE OR SERVICES
BECAUSE THAT PERSON HAS UNDERGONE OR REQUESTED
FEMALE CIRCUMCISION, EXCISION, OR INFIBULATION, AND
TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-750. (A) Except as provided in subsection
(B), whoever knowingly circumcises, excises, or infibulates the whole
or any part of the labia majora or labia minora or clitoris of a female
who has not attained the age of eighteen years is guilty of a felony and,
upon conviction, must be fined not more than five thousand dollars or
imprisoned not more than five years or both. Each violation constitutes
a separate offense.
(B) A surgical operation is not a violation of this section if the
operation is:
(1) necessary to the health of the person on whom it is performed
and is performed by a person licensed or permitted by law to perform the
procedure; or
(2) performed on a person in labor or who has just given birth and
is performed for medical purposes connected with that labor or birth by
a person licensed or permitted by law to perform the procedure.
(C) In applying subsection (B)(1), no account shall be taken of the
effect on the person on whom the operation is to be performed of any
belief on the part of that or any other person that the operation is
required as a matter of custom or ritual.
(D) Whoever knowingly denies to a person medical care or services
or otherwise discriminates against a person in the provision of medical
care or services because that person has undergone female circumcision,
excision, or infibulation or has requested that female circumcision,
excision, or infibulation be performed on any person,
is guilty of a misdemeanor and, upon conviction, must be fined not more
than one thousand dollars or imprisoned for not more than one year, or
both. Each violation constitutes a separate offense."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |