Relating to crimes and offenses; to establish the crime of female genital mutilation; to provide criminal and civil penalties; and in connection therewith would 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.
(a) As used in this section, female genital mutilation means to partially or totally remove, cut, circumcise, excise, or infibulate the genital organs of a female who is under the age of 19 years or who is otherwise unable to consent. The term includes a clitoridectomy and any of the following procedures performed on the genital organs of a female under the age of 19 years or who is otherwise unable to consent: Scraping, nicking, cauterizing, burning, scarring, piercing, incising, pricking, or otherwise mutilating. (b) An individual who does any of the following is guilty of a Class B felony: (1) Commits female genital mutilation. (2) Is a parent, legal guardian, or has immediate custody or control of a female who is under the age of 19 years or who is otherwise unable to consent and knowingly allows, authorizes, or directs another to commit female genital mutilation on the female. (3) Knowingly removes or causes or permits the removal of a female who is under the age of 19 years or who is otherwise unable to consent from this state for the purpose of committing or allowing, authorizing, or directing another to commit female genital mutilation on the female. (c) Notwithstanding any other provision of law to the contrary, a female who is under the age of 19 years is incapable of consenting to female genital mutilation. (d) It is not a defense under this section that female genital mutilation is required as a matter of religion, custom, ritual, or standard practice, or that the female on whom female genital mutilation is performed, or the parent or legal guardian of the female, consented to the procedure. (e) This section does not apply to a medical procedure performed by or under the direction of a licensed physician, certified registered nurse practitioner, certified nurse midwife, or licensed midwife only if informed consent was obtained from the patient, or their legal representative if the patient is legally incompetent or unable to provide consent, prior to the procedure being performed, and if the medical procedure is either of the following: (1) Necessary to the physical health of the female on whom the procedure is performed. (1) Determined to be medically necessary by a licensed physician. (2) Performed on a female who is in labor or who has just given birth for medical purposes connected with that labor or birth. (f) In addition to any criminal penalty provided by law, an individual holding a professional license or certification, including a licensed physician, certified registered nurse practitioner, certified nurse midwife, or licensed midwife, except as otherwise authorized under this act, who performs, participates in, or facilitates female genital mutilation shall have his or her professional license or certification permanently revoked.
Nothing in this act shall modify, amend, repeal, or supersede any provision of Section 6-5-333, Code of Alabama 1975, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, Code of Alabama 1975, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, Code of Alabama 1975, or any amendment to any of these laws or judicial interpretation of these laws.
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 ...... ....... 04-FEB-20Read for the second time and placed on the calendar 2 amendments ..... ....... 06-FEB-20 Read for the third time and passed as amended......................... ....... 13-FEB-20 Yeas 103, Nays 0, Abstains Jeff Woodard Clerk
|February 13, 2020||S||Read for the first time and referred to the Senate committee on Judiciary|
|February 13, 2020||H||Engrossed|
|February 13, 2020||H||Motion to Read a Third Time and Pass adopted Roll Call 26|
|February 13, 2020||H||Motion to Adopt adopted Roll Call 25|
|February 13, 2020||H||JUDY 2nd Amendment Offered|
|February 13, 2020||H||Motion to Adopt adopted Roll Call 24|
|February 13, 2020||H||JUDY 1st Amendment Offered|
|February 13, 2020||H||Third Reading Passed|
|February 6, 2020||H||Read for the second time and placed on the calendar 2 amendments|
|February 4, 2020||H||Read for the first time and referred to the House of Representatives committee on Judiciary|