To establish the Rowe-Scott Act; to create the crime of female genital mutilation; to provide criminal penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
This act shall be known and may be cited as the Rowe-Scott Act.
(a) A person is guilty of female genital mutilation when any of the following occur: (1) The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, the labia minora, or the clitoris of a female minor. (2) The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of the labia majora, the labia minora, or the clitoris of the female minor. (3) The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, the labia minora, or the clitoris of the female minor. (b) It is not a defense to prosecution for a violation of this section that the conduct described in subsection (a) is required as a matter of custom, ritual, or religious practice, or that the female minor on whom the conduct is performed, or the parent or legal guardian of the female minor, consented to the procedure. (c) If the conduct described in subsection (a) is performed by a licensed physician during a surgical procedure, it is not a violation of this section if either of the following apply: (1) The surgical procedure is necessary to the physical health of the minor on whom it is performed. (2) The surgical procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth. (1) The surgical procedure, in the reasonable medical judgment of the licensed physician performing the procedure, is necessary for the health of the female on whom the surgical procedure is performed, and except in emergency situations when time does not permit, a second licensed physician concurs in that judgment, and the surgical procedure is performed by a licensed physician in a hospital, as that term is defined in Section 22-21-20, Code of Alabama 1975, or if the surgical procedure is connected with a labor or birth, is performed by a licensed physician who judges the surgical procedure to be medically necessary. (2) Nothing in this act shall be construed to establish a standard of care for hospitals or physicians or otherwise modify, amend, or supersede the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendments thereto, or any judicial interpretation thereof. (d) The crime of female genital mutilation is a Class D B felony.
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. House of Representatives Read for the first time and re- ferred to the House of Representa- tives committee on Judiciary ...... ....... 23-JAN-18Read for the second time and placed on the calendar 3 amendments ..... ....... 01-FEB-18 Read for the third time and passed as amended......................... ....... 15-MAR-18 Yeas 55, Nays 0, Abstains Jeff Woodard Clerk
|March 22, 2018||S||Further Consideration|
|March 22, 2018||S||Ward motion to Carry Over to the Call of the Chair adopted Voice Vote|
|March 22, 2018||S||Third Reading Carried Over to Call of the Chair|
|March 21, 2018||S||Read for the second time and placed on the calendar|
|March 20, 2018||S||Read for the first time and referred to the Senate committee on Judiciary|
|March 15, 2018||H||Engrossed|
|March 15, 2018||H||Motion to Read a Third Time and Pass adopted Roll Call 866|
|March 15, 2018||H||Motion to Adopt adopted Roll Call 865|
|March 15, 2018||H||Motion to Adopt adopted Roll Call 864|
|March 15, 2018||H||Motion to Adopt adopted Roll Call 863|
|March 15, 2018||H||JUDY 3rd Amendment Offered|
|March 15, 2018||H||JUDY 2nd Amendment Offered|
|March 15, 2018||H||JUDY 1st Amendment Offered|
|March 15, 2018||H||Third Reading Passed|
|February 1, 2018||H||Read for the second time and placed on the calendar 3 amendments|
|January 23, 2018||H||Read for the first time and referred to the House of Representatives committee on Judiciary|