Text of ID H 465 (2020)

LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature Second Regular Session - 2020 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 465 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT 1 RELATING TO CRIMES AND PUNISHMENTS; AMENDING SECTION 18-1506B, IDAHO CODE, 2 TO REVISE PROVISIONS REGARDING GENITAL MUTILATION OF A CHILD, TO PRO- 3 VIDE THAT ENGAGING IN PRACTICES TO CHANGE OR AFFIRM A CHILD'S PERCEPTION 4 OF THE CHILD'S SEX IS A FELONY, AND TO PROVIDE CERTAIN EXCEPTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 18-1506B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 18-1506B. FEMALE GENITAL MUTILATION -- EXCLUSIONS -- PENALTIES -- 9 DEFINITION. (1) Except as provided in subsection (23) of this section, who- 10 ever knowingly circumcises, excises, or infibulates the whole or any part of 11 the labia majora, labia minora, or clitoris of a child shall be guilty of a 12 felony. 13 (2) Except as provided in subsection (4) of this section, whoever know- 14 ingly engages in any of the following practices upon a child, which circum- 15 cise, excise, infibulate, or mutilate the reproductive organs and parts of a 16 child, for the purpose of attempting to change or affirm the child's percep- 17 tion of the child's sex if that perception is inconsistent with the child's 18 sex, shall be guilty of a felony: 19 (a) Performing surgeries that sterilize or mutilate, including cas- 20 tration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, 21 orchiectomy, penectomy, phalloplasty, clitoroplasty, vaginoplasty, 22 vulvoplasty, ovariectomy, or reconstruction of the fixed part of the 23 urethra with or without metoidioplasty, phalloplasty, scrotoplasty, or 24 implantation of erection and/or testicular prostheses; 25 (b) Performing a mastectomy; 26 (c) Administering or supplying the following medications that induce 27 profound morphologic changes in the genitals of a child or induce tran- 28 sient or permanent infertility: 29 (i) Puberty-blocking medication to stop or delay normal puberty; 30 (ii) Supraphysiological doses of testosterone to a female; or 31 (iii) Supraphysiological doses of estrogen to a male; or 32 (d) Removing any otherwise healthy or non-diseased body part or tissue. 33 (3) A surgical operation shall not be a violation of this section if the 34 operation is: 35 (a) Necessary to the health of the person on whom it is performed and is 36 performed by a person licensed in the place of its performance as a med- 37 ical practitioner, except that a medical intervention that results in 38 the impairment and mutilation of the reproductive organs and parts of a 39 child is never necessary to the health of the child on whom it is per- 40 formed if it is for the sole purpose of attempting to change or affirm 41 2 the child's perception of the child's sex if that perception is incon- 1 sistent with the child's sex; or 2 (b) Performed on a person in labor or who has just given birth and is 3 performed for medical purposes connected with that labor or birth by a 4 person licensed in the place it is performed as a medical practitioner, 5 midwife, or person in training to become such a practitioner or midwife. 6 (4) The provisions of subsection (2) of this section shall not apply to 7 a person acting in accordance with the good faith medical decision of a par- 8 ent or guardian of a child born with a medically verifiable genetic disorder 9 of sex development, including: 10 (a) A child with external biological sex characteristics that are am- 11 biguous and irresolvable, such as a child born having 46, XX chromosomes 12 with virilization, 46, XY chromosomes with undervirilization, or hav- 13 ing both ovarian and testicular tissue; or 14 (b) When a physician has otherwise diagnosed a disorder of sexual de- 15 velopment, in which the physician has determined through genetic test- 16 ing that the child does not have the normal sex chromosome structure for 17 a male or a female. 18 (5) In applying subsection (1) or (2)(a) of this section, no account 19 shall be taken of the effect on the person on whom the operation is to be per- 20 formed or any belief on the part of that person, or any other person, that the 21 operation is required as a matter of custom or ritual. 22 (46) Any person convicted of a violation of this section shall be guilty 23 of a felony and shall be imprisoned in the state prison for a term of not more 24 than life. 25 (57) For the purposes of this section, "child" means any person under 26 eighteen (18) years of age. 27