Editor’s note: this sample legislation is based on Kentucky Senate Bill 72.
AN ACT relating to female genital mutilation and declaring an emergency.
READ AS FOLLOWS:
(1) As used in this section, “female genital mutilation” means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including but not limited to:
(a) A clitoridectomy;
(b) The partial or total removal of the clitoris or the prepuce;
(c) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning of the labia minora or the labia majora, with or without the excision of the clitoris;
(e) Pricking, piercing, incising, scraping, or cauterizing the genital area; or
(f) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.
(2) A person is guilty of female genital mutilation when:
(a) The person knowingly performs female genital mutilation on another person under eighteen (18) years of age;
(b) The person is a parent, guardian, or has immediate custody or control of a person under eighteen (18) years of age and knowingly consents to or permits female genital mutilation of such person; or
(c) The person knowingly removes or causes or permits the removal of a person
under eighteen (18) years of age from Kentucky for the purposes of performance of female genital mutilation of the person.
(3) It is not a defense to female genital mutilation that the conduct under subsection
(2) of this section is:
(a) Required as a matter of religion, custom, ritual, or standard practice; or
(b) Consented to by the individual on whom it is performed or the individual’s parent or guardian.
(4) A surgical procedure is not a violation of subsection (1) of this section if the procedure is:
(a) Necessary to the health of the person on whom it is performed and is
performed by a person licensed in the place of its performance as a health care provider; or
(b) 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 in the place of its performance as a health care provider.
(5) Female genital mutilation is a Class B felony.
(1) As used in this section, “female genital mutilation” has the same meaning as in Section 1 of this Act.
(2) The Department for Public Health in the Cabinet for Health and Family Services shall:
(a) Develop and produce educational materials regarding female genital mutilation, the health risks and emotional trauma inflicted by the practice of female genital mutilation, and the criminal penalties for female genital mutilation; and
(b) Disseminate the educational material produced under paragraph (a) of this subsection to health care providers, teachers, law enforcement personnel, immigration and refugee resettlement agencies, and any other professionals or community entities who may reasonably be expected to come into contact with individuals who may be at risk of suffering female genital mutilation.
(3) The department may consult or contract with nonprofit organizations to develop and produce the educational materials required by subsection (2) of this section.
(1) The State law enforcement agency shall require that a law enforcement basic training course include eight (8) hours of training relevant to sexual assault and education on female genital mutilation as defined in Section 1 of this Act, 12 including the risk factors associated with female genital mutilation, the 13 criminal penalties for committing female genital mutilation, and the 14 psychological and health effects on a victim of female genital mutilation.
(2) (a) The agency shall develop and approve mandatory in-service training courses to be presented to all certified peace officers. The agency may promulgate administrative regulations in accordance with existing state law setting forth the deadlines by which all certified peace officers shall attend the mandatory in-service training courses.
MORE FROM SECTION 3?
If the power has not been transferred by statute to some other board, commission, or agency of this state, the board may deny an application or reregistration for a license; place a licensee on probation for a period not to exceed five (5) years; suspend a license for a period not to exceed five (5) years; limit or restrict a license for an indefinite period; or revoke any license heretofore or hereafter issued by the board, upon proof that the licensee has been convicted of female genital mutilation under Section 1 of this Act, which shall result in a mandatory revocation of a license.
(1) A civil action for recovery of damages for injury or illness suffered as a result of female genital mutilation as defined in Section 1 of this Act shall be brought within ten (10) years:
(a) Of the procedure being performed; or
(b) After the victim attains the age of eighteen (18) years.
(2) The court may award actual, compensatory, and punitive damages, and any other appropriate relief.
(3) Treble damages may be awarded if the plaintiff proves the defendant’s acts were willful and malicious.
(1) Include within the definition of “abused or neglected child” to mean a child whose health or welfare is harmed or threatened with harm when his or her parent, guardian, person in a position of authority or special trust, as defined in state statute or other person exercising custodial control or supervision of the child commits or allows female genital mutilation as defined in Section 1 of this Act to be committed.
(1) Any person who knows or has reasonable cause to believe that a child is a victim of female genital mutilation as defined in Section 1 of this Act shall immediately cause an oral or written report to be made by telephone or otherwise to:
(a) A local law enforcement agency or the State Police;
(b) The cabinet or its designated representative; or
(c) The State’s attorney or the county attorney.
This subsection shall apply regardless of whether the person believed to have
caused the female genital mutilation of the child is a parent, guardian, or person
exercising custodial control or supervision.
By November 1 of each year, beginning in 2021, the Department of Health and Family Services shall submit to the Legislative Research Commission a comprehensive report that does not identify individuals, detailing the number of reports the cabinet has received regarding female genital mutilation as defined in Section 1 of this Act, the number of reports in which the cabinet has investigated and determined that a child is the victim of female genital mutilation, and the number of cases in which services were provided.
Whereas female genital mutilation is a public health and human rights concern of great magnitude, an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.