Text of AL HB 170 (2022)

1 HB170 2 216395-1 3 By Representatives Scott and Hall 4 RFD: Judiciary 5 First Read: 18-JAN-22 Page 0 1 216395-1:n:01/13/2022:CMH/bm LSA2022-173 2 3 4 5 6 7 8 SYNOPSIS: This bill would create the Dr. Groesbeck 9 Parham Act to create the crime of female genital 10 mutilation and provide criminal penalties for a 11 violation. 12 Amendment 621 of the Constitution of Alabama 13 of 1901, as amended by Amendment 890, now appearing 14 as Section 111.05 of the Official Recompilation of 15 the Constitution of Alabama of 1901, as amended, 16 prohibits a general law whose purpose or effect 17 would be to require a new or increased expenditure 18 of local funds from becoming effective with regard 19 to a local governmental entity without enactment by 20 a 2/3 vote unless: it comes within one of a number 21 of specified exceptions; it is approved by the 22 affected entity; or the Legislature appropriates 23 funds, or provides a local source of revenue, to 24 the entity for the purpose. 25 The purpose or effect of this bill would be 26 to require a new or increased expenditure of local 27 funds within the meaning of the amendment. However, Page 1 1 the bill does not require approval of a local 2 governmental entity or enactment by a 2/3 vote to 3 become effective because it comes within one of the 4 specified exceptions contained in the amendment. 5 6 A BILL 7 TO BE ENTITLED 8 AN ACT 9 10 Relating to crimes and offenses; to establish the 11 crime of female genital mutilation; to provide criminal 12 penalties; and in connection therewith would have as its 13 purpose or effect the requirement of a new or increased 14 expenditure of local funds within the meaning of Amendment 621 15 of the Constitution of Alabama of 1901, as amended by 16 Amendment 890, now appearing as Section 111.05 of the Official 17 Recompilation of the Constitution of Alabama of 1901, as 18 amended. 19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 20 Section 1. (a) This act shall be known and may be 21 cited as The Dr. Groesbeck Parham Act. 22 (b) A person commits the crime of female genital 23 mutilation if he or she does any of the following: 24 (1) Commits female genital mutilation on a person 25 under the age of 19 years. 26 (2) Is parent or legal guardian, or has immediate 27 custody or control of, a person under the age of 19 years and Page 2 1 knowingly allows, authorizes, or directs another to commit 2 female genital mutilation on the person. 3 (3) Knowingly removes or causes or permits the 4 removal of a person under the age of 19 years from this state 5 for the purpose of committing or allowing, authorizing, or 6 directing another to commit female genital mutilation on the 7 person. 8 (c) A person who violates this section is guilty of 9 a Class B felony. 10 (d) A person under the age of 19 years is incapable 11 of consenting to female genital mutilation. 12 (e) It is not a defense to a violation of this 13 section that the prohibited conduct is required as a matter of 14 religion, custom, ritual, or standard practice, or that the 15 person on whom the conduct is performed, or the parent or 16 legal guardian of the person, consented to the act. 17 (f) This section does not apply to either of the 18 following: 19 (1) Procedures necessary to the health of the person 20 on whom it is performed when the procedure is performed by a 21 physician licensed to practice in this state at a licensed 22 medical facility. 23 (2) Procedures performed on a person who is in labor 24 or who has just given birth, and performed for medical 25 purposes connected with that labor or birth, by a physician 26 licensed to practice in this state or a certified registered Page 3 1 nurse practitioner, certified nurse midwife, or licensed 2 midwife. 3 (g) Nothing in this section shall be construed to 4 establish a standard of care for hospitals or physicians or 5 otherwise modify, amend, or supersede any provision of the 6 Alabama Medical Liability Act of 1987 or the Alabama Medical 7 Liability Act of 1996, or any amendment or judicial 8 interpretation of either act. 9 (h) As used in this section, "female genital 10 mutilation" means to remove, cut, circumcise, excise, or 11 infibulate, in whole or in part, the labia majora, labia 12 minora, or clitoris of a person under the age of 19 years. The 13 term also includes any other harmful procedure to the female 14 genitalia for non-medical purposes, including incising, 15 piercing, scraping, nicking, cauterizing, burning, and 16 scarring. 17 Section 2. Although this bill would have as its 18 purpose or effect the requirement of a new or increased 19 expenditure of local funds, the bill is excluded from further 20 requirements and application under Amendment 621 of the 21 Constitution of Alabama of 1901, as amended by Amendment 890, 22 now appearing as Section 111.05 of the Official Recompilation 23 of the Constitution of Alabama of 1901, as amended, because 24 the bill defines a new crime or amends the definition of an 25 existing crime. Page 4 1 Section 3. This act shall become effective 2 immediately following its passage and approval by the 3 Governor, or its otherwise becoming law. Page 5