HF 534 (LSB 1171HV (2) 88)

HOUSE FILE 534

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 115)

A BILL FOR

An Act creating the criminal offense of female genital mutilation and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.16  Female genital mutilation.
   1.  Except as otherwise provided in subsection 2, a person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a minor commits an aggravated misdemeanor.
   2.  A surgical procedure is not a violation of subsection 1 if the procedure is performed by a medical professional who holds a current license in this state necessary to perform the surgical procedure under any of the following circumstances:
   a.  When necessary to protect the health of the minor on whom the procedure is performed.
   b.  When 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.
   3.  In determining whether a surgical procedure performed pursuant to subsection 2, paragraph “a”, is a violation of subsection 1, consideration shall not be given to any belief the minor or any other person holds that the surgical procedure is required based on custom or ritual.
   4.  A person who knowingly transports a minor outside of this state for the purpose of performing a procedure that would be a violation of subsection 1 if the procedure occurred in this state, commits an aggravated misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the criminal offense of female genital mutilation and provides penalties.
   The bill provides that a person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a minor commits an aggravated misdemeanor.
   A surgical procedure is not a violation of the bill if performed by a medical professional currently and appropriately licensed in the state when necessary to protect the health of the minor on whom the surgical procedure is performed or when performed on a minor in labor or who has just given birth for medical purposes connected with that labor or birth. However, in determining whether a surgical procedure performed was necessary to protect the health of the minor on whom the surgical procedure was performed, consideration shall not be given to any belief the minor or any other person holds that the surgical procedure is required based on custom or ritual.
   A person who knowingly transports a minor outside of this state for the purpose of performing a surgical procedure that would be a violation of the bill if the conduct occurred in this state, commits an aggravated misdemeanor.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.