Text of NJ S 3076 (2022)

SENATE, No. 3076 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED SEPTEMBER 29, 2022 Sponsored by: Senator EDWARD DURR District 3 (Cumberland, Gloucester and Salem) SYNOPSIS Establishes "Child Protection and Anti-Mutilation Act." CURRENT VERSION OF TEXT As introduced. An Act concerning the protection of children and supplementing Title 45 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act shall be known and may be cited as the "Child Protection and Anti-Mutilation Act." 2. a. As used in this section: "Minor" means any unemancipated person under the age of 18. "Sex" means the biological state of being male or female, based on the individual's sex organs, chromosomes, and endogenous hormone profiles. b. Notwithstanding the provision of any law to the contrary, and except as provided in subsection c. of this section, no person shall engage in with respect to, perform upon, or cause any of the following practices to be performed upon, a minor: (1) prescribing or administering puberty blocking medication to stop or delay normal puberty; (2) prescribing or administering supraphysiologic doses of testosterone or other androgens to females; (3) prescribing or administering supraphysiologic doses of estrogen to males; (4) performing surgeries that result in sterilization, including, but not limited to, castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy; (5) performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including, but not limited to, metoidioplasty, phalloplasty, and vaginoplasty; or (6) removing any healthy or non-diseased body part or tissue, except in the case of a male circumcision. c. The provisions of subsection b. of this section shall not apply to procedures undertaken to treat a minor with a medically verifiable disorder of sex development, including: (1) an individual with external biological sex characteristics that are irresolvably ambiguous, including an individual with 46 XX chromosomes with virilization, an individual with 46 XY chromosomes with under virilization, or an individual having both ovarian and testicular tissue; or (2) an individual diagnosed by a physician with a disorder of sexual development, in which the physician has determined, through genetic or biochemical testing, that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female. d. A person who violates the provisions of this section shall be guilty of a crime of the third degree. 3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Commissioner of Health shall each adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this act. 4. This act shall take effect immediately. STATEMENT This bill establishes the "Child Protection and Anti-Mutilation Act." The bill prohibits any person from, with regard to an unemancipated person under 18 years of age, engaging in, performing, or causing to be performed the following practices: 1) prescribing or administering puberty blocking medication to stop or delay normal puberty; 2) prescribing or administering supraphysiologic doses of testosterone or other androgens to females; 3) prescribing or administering supraphysiologic doses of estrogen to males; 4) performing surgeries that result in sterilization, including, but not limited to, castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy; 5) performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual's sex, including, but not limited to, metoidioplasty, phalloplasty, and vaginoplasty; or 6) removing any healthy or non-diseased body part or tissue, except in the case of a male circumcision. The restrictions established under the bill will not apply to procedures undertaken to treat a minor with a medically verifiable disorder of sex development, including: an individual with external biological sex characteristics that are irresolvably ambiguous or an individual diagnosed by a physician with a disorder of sexual development, in which the physician has determined, through genetic or biochemical testing, that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female. A person who violates the provisions of the bill will be guilty of a crime of the third degree, which is punishable by imprisonment for three to five years, a fine of up to $15,000, or both.