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A BILL TO BE ENTITLED
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AN ACT
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Relating to prohibiting female genital mutilation; imposing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 167.001, Texas Health and Safety Code, |
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is amended to read as follows: |
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SECTION 167.001. FEMALE GENITAL MUTILATION PROHIBITED. |
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(a) A person commits an offense if the person knowingly |
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circumcises, excises, or infibulates any part of the labia majora |
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or labia minora or clitoris or another person who is younger than 18 |
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years of age or knowingly transports or permits the transport from |
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or within Texas a person for the purpose of performing such acts. |
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(b) An offense under this section is a state jail felony. |
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(c) It is a defense to the prosecution under Subsection (a) |
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that: |
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(1) the person performing the act is a physician or |
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other licensed health care professional and the act is within the |
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scope of the person's license; and |
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(2) the act is performed for medical purposes. |
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(d) It is not a defense to prosecution that the conduct |
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described under subsection (a) that: |
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(1) it is required as a matter of custom, ritual, or |
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religious practice; or |
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(2) that the victim, or such victim's parent, legal |
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guardian, caretaker, or person who is in a position of familial or |
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custodial authority consented to the procedure. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |