Bill Text: IA SF212 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act creating the criminal offense of female genital mutilation and providing penalties. (See SF 346.)

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced) 2019-02-21 - Reported out of committee as SF 346. S.J. 383. [SF212 Detail]

Download: Iowa-2019-SF212-Introduced.html
Senate File 212 - Introduced SENATE FILE 212 BY SINCLAIR , SWEENEY , GARRETT , WHITING , COURNOYER , KOELKER , CHAPMAN , ROZENBOOM , SCHNEIDER , FEENSTRA , NUNN , KRAAYENBRINK , GREENE , JOHNSON , and LOFGREN A BILL FOR An Act creating the criminal offense of female genital 1 mutilation and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1171XS (7) 88 pf/rh
S.F. 212 Section 1. NEW SECTION . 708.16 Female genital mutilation. 1 1. Except as otherwise provided in subsection 2, a person 2 who knowingly circumcises, excises, or infibulates, in whole or 3 in part, the labia majora, labia minora, or clitoris of a minor 4 commits a class “D” felony. 5 2. A surgical procedure is not a violation of subsection 6 1 if the procedure is performed by a medical professional who 7 holds a current license in this state necessary to perform the 8 surgical procedure under any of the following circumstances: 9 a. When necessary to protect the health of the minor on whom 10 the procedure is performed. 11 b. When performed on a minor who is in labor or who has just 12 given birth and is performed for medical purposes connected 13 with that labor or birth. 14 3. In determining whether a surgical procedure performed 15 pursuant to subsection 2, paragraph “a” , is a violation of 16 subsection 1, consideration shall not be given to any belief 17 the minor or any other person holds that the surgical procedure 18 is required based on custom or ritual. 19 4. A person who knowingly transports a minor outside of this 20 state for the purpose of performing a procedure that would be 21 a violation of subsection 1 if the procedure occurred in this 22 state, commits a class “D” felony. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill creates the criminal offense of female genital 27 mutilation and provides penalties. 28 The bill provides that a person who knowingly circumcises, 29 excises, or infibulates, in whole or in part, the labia majora, 30 labia minora, or clitoris of a minor commits a class “D” 31 felony. 32 A surgical procedure is not a violation of the bill if 33 performed by a medical professional currently and appropriately 34 licensed in the state when necessary to protect the health 35 -1- LSB 1171XS (7) 88 pf/rh 1/ 2
S.F. 212 of the minor on whom the surgical procedure is performed or 1 when performed on a minor in labor or who has just given birth 2 for medical purposes connected with that labor or birth. 3 However, in determining whether a surgical procedure performed 4 was necessary to protect the health of the minor on whom the 5 surgical procedure was performed, consideration shall not be 6 given to any belief the minor or any other person holds that 7 the surgical procedure is required based on custom or ritual. 8 A person who knowingly transports a minor outside of this 9 state for the purpose of performing a surgical procedure that 10 would be a violation of the bill if the conduct occurred in 11 this state, commits a class “D” felony. 12 A class “D” felony is punishable by confinement for no more 13 than five years and a fine of at least $750 but not more than 14 $7,500. 15 -2- LSB 1171XS (7) 88 pf/rh 2/ 2
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