Text of ID H 71 (2023)

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature First Regular Session - 2023 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 71 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT 1 RELATING TO THE CHILD PROTECTION ACT; AMENDING SECTION 18-1506B, IDAHO CODE, 2 TO PROVIDE FOR THE CRIME OF GENITAL MUTILATION IN CERTAIN INSTANCES, TO 3 REMOVE A PROVISION REGARDING A PENALTY, TO REMOVE A PROVISION REGARDING 4 THE REMOVAL OF A CHILD FROM THIS STATE, TO REVISE AN EXEMPTION, TO PRO- 5 VIDE CERTAIN EXEMPTIONS, TO REVISE A PENALTY, TO DEFINE A TERM, TO PRO- 6 VIDE SEVERABILITY, AND TO PROVIDE LEGISLATIVE INTENT; AMENDING SECTION 7 19-5307, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND PROVIDING 8 AN EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-1506B, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-1506B. FEMALE GENITAL MUTILATION OF A CHILD -- EXCLUSIONS -- PENAL- 13 TIES -- DEFINITION. (1) Except as provided in subsection (4)(3) of this 14 section, whoever knowingly authorizes or commits any procedure that circum- 15 cises, excises, or infibulates the whole or any part of the labia majora, 16 labia minora, or clitoris of a child shall be guilty of a felony. 17 (2) Except as provided in subsection (4) of this section, whoever know- 18 ingly gives permission for, or permits on a child, any act prohibited by sub- 19 section (1) of this section shall be guilty of a felony. 20 (3) Except as provided in subsection (4) of this section, whoever know- 21 ingly removes or causes, permits, or facilitates the removal of a child from 22 this state for the purpose of facilitating any act prohibited by subsection 23 (1) of this section shall be guilty of a felony. 24 (2) Except as provided in subsection (4) of this section, any medical 25 practitioner who knowingly engages in any of the following practices upon 26 a child for the purpose of attempting to alter the appearance of or affirm 27 the child's perception of the child's sex if that perception is inconsistent 28 with the child's biological sex shall be guilty of a felony: 29 (a) Performing surgeries that sterilize or mutilate, or artificially 30 construct tissue with the appearance of genitalia that differs from the 31 child's biological sex, including castration, vasectomy, hysterec- 32 tomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phal- 33 loplasty, clitoroplasty, vaginoplasty, vulvoplasty, ovariectomy, or 34 reconstruction of the fixed part of the urethra with or without metoid- 35 ioplasty, phalloplasty, scrotoplasty, or the implantation of erection 36 or testicular prostheses; 37 (b) Performing a mastectomy; 38 (c) Administering or supplying the following medications that induce 39 profound morphologic changes in the genitals of a child or induce tran- 40 sient or permanent infertility: 41 (i) Puberty-blocking medication to stop or delay normal puberty; 42 2 (ii) Supraphysiological doses of testosterone to a female; or 1 (iii) Supraphysiological doses of estrogen to a male; or 2 (d) Removing any otherwise healthy or nondiseased body part or tissue. 3 (4) (3) A surgical operation or medical intervention shall not be a vio- 4 lation of this section if the operation or intervention is: 5 (a) Necessary to the health of the person on whom it is performed and is 6 performed by a person licensed in the place of its performance as a med- 7 ical practitioner, except that a medical intervention that results in 8 the impairment and mutilation of the reproductive organs and parts of a 9 child is never necessary to the health of the child on whom it is per- 10 formed if it is for the sole purpose of attempting to alter the appear- 11 ance of or affirm the child's perception of the child's sex if that per- 12 ception is inconsistent with the child's biological sex; or 13 (b) Performed on a person in labor or who has just given birth and is 14 performed for medical purposes connected with that labor or birth by a 15 person licensed in the place it is performed as a medical practitioner, 16 midwife, or person in training to become such a practitioner or midwife. 17 (4) The provisions of subsection (2) of this section shall not apply to 18 a person acting in accordance with the good faith medical decision of a par- 19 ent or guardian of a child born with a medically verifiable genetic disorder 20 of sex development, including: 21 (a) A child with external biological sex characteristics that are am- 22 biguous and irresolvable, such as a child born having 46, XX chromosomes 23 with virilization, 46, XY chromosomes with undervirilization, or with 24 both ovarian and testicular tissue; 25 (b) When a physician has otherwise diagnosed a disorder of sexual de- 26 velopment in which the physician has determined through genetic testing 27 that the child does not have the normal sex chromosome structure, sex 28 steroid hormone production, or sex steroid hormone action for a male or 29 female; or 30 (c) The treatment of any infection, injury, disease, or disorder that 31 has been caused or exacerbated by the performance of gender transition 32 procedures, whether or not the procedures were performed in accordance 33 with state and federal law. 34 (5) In applying subsection (4)(3)(a) of this section, no account shall 35 be taken of the effect on the person on whom the operation is to be performed 36 or any belief on the part of that person, or any other person, that the opera- 37 tion is required as a matter of custom or ritual. 38 (6) Any person convicted of a violation of this section shall be guilty 39 of a felony and shall be imprisoned in the state prison for a term of not more 40 than life ten (10) years. 41 (7) For the purposes of this section, "child" means any person under 42 eighteen (18) years of age. 43 (8) For the purposes of this section, "sex" means the immutable biolog- 44 ical and physiological characteristics, specifically the chromosomes and 45 internal and external reproductive anatomy, genetically determined at con- 46 ception and generally recognizable at birth, that define an individual as 47 male or female. 48 (9) The provisions of this act are hereby declared to be severable, 49 and if any provision of this act or the application of such provision to any 50 3 person or circumstance is declared invalid for any reason, such declaration 1 shall not affect the validity of the remaining portions of this section. 2 (10) The legislature finds and declares that: 3 (a) Biological sex is an objectively defined category that has obvious, 4 immutable, and distinguishable characteristics. 5 (b) Gender dysphoria among children rarely persists into adulthood, 6 with peer-reviewed research revealing that as many as ninety-eight per- 7 cent (98%) of gender dysphoric boys and as many as eighty-eight percent 8 (88%) of gender dysphoric girls ultimately identify with their biologi- 9 cal sex after passing through puberty. 10 (c) Some healthcare providers now routinely administer puberty block- 11 ers to prepubescent and pubescent children notwithstanding scientific 12 evidence that children who remain on puberty blockers may never recover 13 lost development and despite known sterility and additional concerns 14 about reduced IQ and future osteoporosis. 15 (d) Some healthcare providers now routinely administer cross-sex hor- 16 mones to pubescent children notwithstanding scientific evidence that 17 such therapies cause irreversible sterility and likely increase risks 18 of other medical conditions, including cancer, cardiovascular disease, 19 blood clots, osteoporosis, and obesity. 20 (e) Some healthcare providers now refer pubescent adolescents for sex 21 reassignment surgeries that permanently mutilate healthy reproductive 22 organs and other body parts. 23 (f) The world professional association for transgender health, a pro- 24 fessional organization that publishes the standards of care for treat- 25 ing gender dysphoria, has altogether removed its age recommendations 26 for adolescent sex reassignment surgeries, including but not limited to 27 surgical castration, mastectomies, hysterectomies, and genital recon- 28 struction, despite the known harms and experimental nature of perform- 29 ing such surgeries on gender dysphoric children. 30 (g) Recent science suggests that medical interventions like surgeries 31 and cross-sex hormones do not significantly improve long-term health 32 outcomes for patients struggling with gender dysphoria and that suicide 33 rates, psychiatric morbidities, and mortality rates remain markedly 34 elevated above the background population after inpatient gender reas- 35 signment procedures have been performed. 36 (h) No long-term randomized studies evaluate the efficacy or safety of 37 the use of puberty blockers for the purpose of treating gender dyspho- 38 ria, and no randomized clinical trials have been conducted on the effi- 39 cacy or safety of the use of cross-sex hormones in adults or children for 40 the purpose of treating gender dysphoria. 41 (i) These experimental, irreversible, and medically unnecessary phar- 42 maceutical and surgical interventions violate the Hippocratic oath, 43 taken by physicians for millennia, to "do no harm." 44 (j) Therefore, the state of Idaho has a compelling government interest 45 in protecting the health and safety of its minor children from such med- 46 ical interventions for the purpose of attempting to affirm or change a 47 child's gender expression. 48 SECTION 2. That Section 19-5307, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 4 19-5307. FINES IN CASES OF CRIMES OF VIOLENCE. (1) Irrespective of any 1 penalties set forth under state law, and in addition thereto, the court, at 2 the time of sentencing or such later date as deemed necessary by the court, 3 may impose a fine not to exceed five thousand dollars ($5,000) against any 4 defendant found guilty of any felony listed in subsections (2) and (3) of 5 this section. 6 The fine shall operate as a civil judgment against the defendant and 7 shall be entered on behalf of the victim named in the indictment or infor- 8 mation, or the family of the victim in cases of homicide or crimes against 9 children, and shall not be subject to any distribution otherwise required 10 in section 19-4705, Idaho Code. The clerk of the district court may collect 11 the fine in the same manner as other fines imposed in criminal cases are 12 collected and shall remit any money collected in payment of the fine to the 13 victim named in the indictment or information or to the family of the victim 14 in a case of homicide or crimes against minor children, provided that none 15 of the provisions of this section shall be construed as modifying the provi- 16 sions of chapter 6, title 11, Idaho Code, chapter 10, title 55, Idaho Code, or 17 section 72-802, Idaho Code. A fine created under this section shall be a sep- 18 arate written order in addition to any other sentence the court may impose. 19 The fine contemplated in this section shall be ordered solely as a puni- 20 tive measure against the defendant and shall not be based upon any require- 21 ment of showing of need by the victim. The fine shall not be used as a substi- 22 tute for an order of restitution as contemplated in section 19-5304, Idaho 23 Code, nor shall such an order of restitution or order of compensation en- 24 tered in accordance with section 72-1018, Idaho Code, be offset by the entry 25 of such fine. 26 A defendant may appeal a fine created under this section in the same man- 27 ner as any other aspect of a sentence imposed by the court. The imposition of 28 a fine created under this section shall not preclude the victim from seeking 29 any other legal remedy; provided that in any civil action brought by or on be- 30 half of the victim, the defendant shall be entitled to offset the amount of 31 any fine imposed pursuant to this section against any award of punitive dam- 32 ages. 33 (2) The felonies for which a fine created under this section may be im- 34 posed are those described in: 35 Section 18-805, Idaho Code (Aggravated arson); 36 Section 18-905, Idaho Code (Aggravated assault); 37 Section 18-907, Idaho Code (Aggravated battery); 38 Section 18-909, Idaho Code (Assault with intent to commit a serious 39 felony); 40 Section 18-911, Idaho Code (Battery with intent to commit a serious 41 felony); 42 Section 18-913, Idaho Code (Felonious administration of drugs); 43 Section 18-918, Idaho Code (Felony domestic violence); 44 Section 18-923, Idaho Code (Attempted strangulation); 45 Section 18-1501, Idaho Code (Felony injury to children); 46 Section 18-1506, Idaho Code (Sexual abuse of a child under the age of 47 sixteen); 48 Section 18-1506A, Idaho Code (Ritualized abuse of a child); 49 5 Section 18-1506B, Idaho Code (Female genital Genital mutilation of a 1 child); 2 Section 18-1507, Idaho Code (Sexual exploitation of a child); 3 Section 18-1508, Idaho Code (Lewd conduct with a child under the age of 4 sixteen); 5 Section 18-1508A, Idaho Code (Sexual battery of a minor child sixteen or 6 seventeen years of age); 7 Section 18-4001, Idaho Code (Murder); 8 Section 18-4006, Idaho Code (Felony manslaughter); 9 Section 18-4014, Idaho Code (Administering poison with intent to kill); 10 Section 18-4015, Idaho Code (Assault with intent to murder); 11 Section 18-4502, Idaho Code (First degree kidnapping); 12 Section 18-5001, Idaho Code (Mayhem); 13 Section 18-5501, Idaho Code (Poisoning food, medicine or wells); 14 Section 18-6101, Idaho Code (Rape); 15 Section 18-6501, Idaho Code (Robbery). 16 (3) Notwithstanding the provisions of section 18-306(4) and (5), Idaho 17 Code, the fine created under this section may also be imposed up to five thou- 18 sand dollars ($5,000) for attempts of the felonies described in: 19 Section 18-4001, Idaho Code (Murder); 20 Section 18-6101, Idaho Code (Rape). 21 SECTION 3. This act shall be in full force and effect on and after Jan- 22 uary 1, 2024. 23

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature First Regular Session - 2023 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 71, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT 1 RELATING TO THE VULNERABLE CHILD PROTECTION ACT; AMENDING CHAPTER 15, TITLE 2 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-1506C, IDAHO CODE, 3 TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROHIBIT CERTAIN PRACTICES 4 UPON A CHILD, TO PROVIDE CERTAIN EXEMPTIONS, TO PROVIDE A PENALTY, AND 5 TO PROVIDE SEVERABILITY; AMENDING SECTION 19-5307, IDAHO CODE, TO PRO- 6 VIDE A CODE REFERENCE; AND PROVIDING AN EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 15, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 18-1506C, Idaho Code, and to read as follows: 11 18-1506C. VULNERABLE CHILD PROTECTION. (1) This section shall be 12 known and may be cited as the "Vulnerable Child Protection Act." 13 (2) As used in this section: 14 (a) "Child" means any person under eighteen (18) years of age; and 15 (b) "Sex" means the immutable biological and physiological charac- 16 teristics, specifically the chromosomes and internal and external 17 reproductive anatomy, genetically determined at conception and gener- 18 ally recognizable at birth, that define an individual as male or female. 19 (3) A medical provider shall not engage in any of the following prac- 20 tices upon a child for the purpose of attempting to alter the appearance of or 21 affirm the child's perception of the child's sex if that perception is incon- 22 sistent with the child's biological sex: 23 (a) Performing surgeries that sterilize or mutilate, or artificially 24 construct tissue with the appearance of genitalia that differs from the 25 child's biological sex, including castration, vasectomy, hysterec- 26 tomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phal- 27 loplasty, clitoroplasty, vaginoplasty, vulvoplasty, ovariectomy, or 28 reconstruction of the fixed part of the urethra with or without metoid- 29 ioplasty, phalloplasty, scrotoplasty, or the implantation of erection 30 or testicular prostheses; 31 (b) Performing a mastectomy; 32 (c) Administering or supplying the following medications that induce 33 profound morphologic changes in the genitals of a child or induce tran- 34 sient or permanent infertility: 35 (i) Puberty-blocking medication to stop or delay normal puberty; 36 (ii) Supraphysiological doses of testosterone to a female; or 37 (iii) Supraphysiological doses of estrogen to a male; or 38 (d) Removing any otherwise healthy or nondiseased body part or tissue. 39 (4) A surgical operation or medical intervention shall not be a viola- 40 tion of this section if the operation or intervention is: 41 2 (a) Necessary to the health of the person on whom it is performed and is 1 performed by a person licensed in the place of its performance as a med- 2 ical practitioner, except that a surgical operation or medical inter- 3 vention is never necessary to the health of the child on whom it is per- 4 formed if it is for the purpose of attempting to alter the appearance of 5 or affirm the child's perception of the child's sex if that perception 6 is inconsistent with the child's biological sex; 7 (b) For the treatment of any infection, injury, disease, or disorder 8 that has been caused or exacerbated by the performance of gender transi- 9 tion procedures, whether or not the procedures were performed in accor- 10 dance with state and federal law; or 11 (c) Performed in accordance with the good faith medical decision of a 12 parent or guardian of a child born with a medically verifiable genetic 13 disorder of sex development, including: 14 (i) A child with external biological sex characteristics that 15 are ambiguous and irresolvable, such as a child born having 46, XX 16 chromosomes with virilization, 46, XY chromosomes with undervir- 17 ilization, or with both ovarian and testicular tissue; or 18 (ii) When a physician has otherwise diagnosed a disorder of sex- 19 ual development in which the physician has determined through ge- 20 netic testing that the child does not have the normal sex chro- 21 mosome structure, sex steroid hormone production, or sex steroid 22 hormone action for a male or female. 23 (5) Any medical professional convicted of a violation of this section 24 shall be guilty of a felony and shall be imprisoned in the state prison for a 25 term of not more than ten (10) years. 26 (6) The provisions of this act are hereby declared to be severable, 27 and if any provision of this act or the application of such provision to any 28 person or circumstance is declared invalid for any reason, such declaration 29 shall not affect the validity of the remaining portions of this section. 30 SECTION 2. That Section 19-5307, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 19-5307. FINES IN CASES OF CRIMES OF VIOLENCE. (1) Irrespective of any 33 penalties set forth under state law, and in addition thereto, the court, at 34 the time of sentencing or such later date as deemed necessary by the court, 35 may impose a fine not to exceed five thousand dollars ($5,000) against any 36 defendant found guilty of any felony listed in subsections (2) and (3) of 37 this section. 38 The fine shall operate as a civil judgment against the defendant and 39 shall be entered on behalf of the victim named in the indictment or infor- 40 mation, or the family of the victim in cases of homicide or crimes against 41 children, and shall not be subject to any distribution otherwise required 42 in section 19-4705, Idaho Code. The clerk of the district court may collect 43 the fine in the same manner as other fines imposed in criminal cases are 44 collected and shall remit any money collected in payment of the fine to the 45 victim named in the indictment or information or to the family of the victim 46 in a case of homicide or crimes against minor children, provided that none 47 of the provisions of this section shall be construed as modifying the provi- 48 sions of chapter 6, title 11, Idaho Code, chapter 10, title 55, Idaho Code, or 49 3 section 72-802, Idaho Code. A fine created under this section shall be a sep- 1 arate written order in addition to any other sentence the court may impose. 2 The fine contemplated in this section shall be ordered solely as a puni- 3 tive measure against the defendant and shall not be based upon any require- 4 ment of showing of need by the victim. The fine shall not be used as a substi- 5 tute for an order of restitution as contemplated in section 19-5304, Idaho 6 Code, nor shall such an order of restitution or order of compensation en- 7 tered in accordance with section 72-1018, Idaho Code, be offset by the entry 8 of such fine. 9 A defendant may appeal a fine created under this section in the same man- 10 ner as any other aspect of a sentence imposed by the court. The imposition of 11 a fine created under this section shall not preclude the victim from seeking 12 any other legal remedy; provided that in any civil action brought by or on be- 13 half of the victim, the defendant shall be entitled to offset the amount of 14 any fine imposed pursuant to this section against any award of punitive dam- 15 ages. 16 (2) The felonies for which a fine created under this section may be im- 17 posed are those described in: 18 Section 18-805, Idaho Code (Aggravated arson); 19 Section 18-905, Idaho Code (Aggravated assault); 20 Section 18-907, Idaho Code (Aggravated battery); 21 Section 18-909, Idaho Code (Assault with intent to commit a serious 22 felony); 23 Section 18-911, Idaho Code (Battery with intent to commit a serious 24 felony); 25 Section 18-913, Idaho Code (Felonious administration of drugs); 26 Section 18-918, Idaho Code (Felony domestic violence); 27 Section 18-923, Idaho Code (Attempted strangulation); 28 Section 18-1501, Idaho Code (Felony injury to children); 29 Section 18-1506, Idaho Code (Sexual abuse of a child under the age of 30 sixteen); 31 Section 18-1506A, Idaho Code (Ritualized abuse of a child); 32 Section 18-1506B, Idaho Code (Female genital mutilation of a child); 33 Section 18-1506C, Idaho Code (Vulnerable child protection); 34 Section 18-1507, Idaho Code (Sexual exploitation of a child); 35 Section 18-1508, Idaho Code (Lewd conduct with a child under the age of 36 sixteen); 37 Section 18-1508A, Idaho Code (Sexual battery of a minor child sixteen or 38 seventeen years of age); 39 Section 18-4001, Idaho Code (Murder); 40 Section 18-4006, Idaho Code (Felony manslaughter); 41 Section 18-4014, Idaho Code (Administering poison with intent to kill); 42 Section 18-4015, Idaho Code (Assault with intent to murder); 43 Section 18-4502, Idaho Code (First degree kidnapping); 44 Section 18-5001, Idaho Code (Mayhem); 45 Section 18-5501, Idaho Code (Poisoning food, medicine or wells); 46 Section 18-6101, Idaho Code (Rape); 47 Section 18-6501, Idaho Code (Robbery). 48 4 (3) Notwithstanding the provisions of section 18-306(4) and (5), Idaho 1 Code, the fine created under this section may also be imposed up to five thou- 2 sand dollars ($5,000) for attempts of the felonies described in: 3 Section 18-4001, Idaho Code (Murder); 4 Section 18-6101, Idaho Code (Rape). 5 SECTION 3. This act shall be in full force and effect on and after Jan- 6 uary 1, 2024. 7