Bill Text: TX SB249 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the offense of genital mutilation.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2023-03-16 - Co-author authorized [SB249 Detail]

Download: Texas-2023-SB249-Introduced.html
  88R1595 EAS-D
 
  By: Hall, Campbell, Perry S.B. No. 249
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of genital mutilation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 167, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 167. [FEMALE] GENITAL MUTILATION
         SECTION 2.  The heading to Section 167.001, Health and
  Safety Code, is amended to read as follows:
         Sec. 167.001.  [FEMALE] GENITAL MUTILATION PROHIBITED.
         SECTION 3.  Section 167.001, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsections (a-1), (e), and (f) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  knowingly performs a procedure described by
  Subsection (a-1) on [circumcises, excises, or infibulates any part
  of the labia majora or labia minora or clitoris of] another person
  who is younger than 18 years of age;
               (2)  is a parent, caretaker, or legal guardian of
  another person who is younger than 18 years of age and knowingly
  consents to or facilitates a procedure described by Subsection
  (a-1) [permits an act described by Subdivision (1)] to be performed
  on that person; or
               (3)  knowingly transports or facilitates the
  transportation of another person who is younger than 18 years of age
  within this state or from this state for the purpose of having a
  procedure described by Subsection (a-1) [an act described by
  Subdivision (1)] performed on that person.
         (a-1)  This section applies only to a procedure that involves
  the partial or total removal of, or other injury to, the genitals of
  a person, including the following genital surgeries:
               (1)  clitorectomy, clitoroplasty, clitoral reduction,
  and clitoral recession, including corporal-sparing procedures;
               (2)  vaginoplasty, introitoplasty, vaginal
  exteriorization, and partial or total urogenital sinus
  mobilization;
               (3)  labiaplasty and labial reduction;
               (4)  hypospadias surgery, relocation of the urethral
  meatus, and chordee release;
               (5)  phalloplasty; and
               (6)  gonadectomy, including of testes, ovaries,
  ovotestes, or streak gonads.
         (c)  It is a defense to prosecution under Subsection (a)
  that:
               (1)  the person performing the procedure [act] is a
  physician or other licensed health care professional and the
  procedure [act] is within the scope of the person's license; and
               (2)  the procedure is: 
                     (A)  necessary for the person's physical health;
                     (B)  male circumcision; or
                     (C)  performed on an intersex person [act is
  performed for medical purposes].
         (d)  It is not a defense to prosecution under Subsection (a)
  [this section] that the procedure is required as a matter of
  religion, custom, tradition, ritual, or standard practice[:
               [(1)  the person on whom the circumcision, excision, or
  infibulation was performed or was to be performed, or another
  person authorized to consent to medical treatment of that person,
  including that person's parent or legal guardian, consented to the
  circumcision, excision, or infibulation;
               [(2)  the circumcision, excision, or infibulation is
  required by a custom or practice of a particular group; or
               [(3)  the circumcision, excision, or infibulation was
  performed or was to be performed as part of or in connection with a
  religious or other ritual].
         (e)  In this section, "intersex person" means a person who:
               (1)  has inborn chromosomal, gonadal, genital, or
  endocrine characteristics, or a combination of those
  characteristics, that are not suited to the typical definition of
  male or female or are atypical for the determined sex of the person;
  or
               (2)  is considered by a medical professional to have
  inborn chromosomal, gonadal, genital, or endocrine characteristics
  that are ambiguous or atypical for the determined sex of the person.
         (f)  Title 4, Penal Code, applies to an offense under this
  section.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes
  of this section, an offense was committed before the effective date
  of this Act if any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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