| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the offense of female genital mutilation. |
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| 6 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 9 | | SECTION 1. Section 167.001, Health and Safety Code, is |
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| 8 | 10 | | amended by amending Subsection (a) and adding Subsection (d) to |
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| 9 | 11 | | read as follows: |
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| 10 | 12 | | (a) A person commits an offense if the person: |
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| 11 | 13 | | (1) knowingly circumcises, excises, or infibulates |
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| 12 | 14 | | any part of the labia majora or labia minora or clitoris of another |
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| 13 | 15 | | person who is younger than 18 years of age; |
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| 14 | 16 | | (2) is a parent or legal guardian of another person who |
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| 15 | 17 | | is younger than 18 years of age and knowingly consents to or permits |
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| 16 | 18 | | an act described by Subdivision (1) to be performed on that person; |
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| 17 | 19 | | or |
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| 18 | 20 | | (3) knowingly transports or facilitates the |
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| 19 | 21 | | transportation of another person who is younger than 18 years of age |
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| 20 | 22 | | within this state or from this state for the purpose of having an |
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| 21 | 23 | | act described by Subdivision (1) performed on that person. |
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| 22 | 24 | | (d) It is not a defense to prosecution under this section |
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| 23 | 25 | | that: |
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| 24 | 26 | | (1) the person on whom the circumcision, excision, or |
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| 25 | 27 | | infibulation was performed or was to be performed, or another |
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| 26 | 28 | | person authorized to consent to medical treatment of that person, |
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| 27 | 29 | | including that person's parent or legal guardian, consented to the |
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| 28 | 30 | | circumcision, excision, or infibulation; |
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| 29 | 31 | | (2) the circumcision, excision, or infibulation is |
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| 30 | 32 | | required by a custom or practice of a particular group; or |
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| 31 | 33 | | (3) the circumcision, excision, or infibulation was |
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| 32 | 34 | | performed or was to be performed as part of or in connection with a |
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| 33 | 35 | | religious or other ritual. |
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| 34 | 36 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 36 | 38 | | An offense committed before the effective date of this Act is |
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| 37 | 39 | | governed by the law in effect on the date the offense was committed, |
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| 38 | 40 | | and the former law is continued in effect for that purpose. For |
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| 39 | 41 | | purposes of this section, an offense was committed before the |
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| 40 | 42 | | effective date of this Act if any element of the offense occurred |
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| 41 | 43 | | before that date. |
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| 42 | 44 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 43 | | - | ______________________________ ______________________________ |
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| 44 | | - | President of the Senate Speaker of the House |
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| 45 | | - | I hereby certify that S.B. No. 323 passed the Senate on |
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| 46 | | - | May 3, 2017, by the following vote: Yeas 31, Nays 0. |
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| 47 | | - | ______________________________ |
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| 48 | | - | Secretary of the Senate |
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| 49 | | - | I hereby certify that S.B. No. 323 passed the House on |
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| 50 | | - | May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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| 51 | | - | present not voting. |
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| 52 | | - | ______________________________ |
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| 53 | | - | Chief Clerk of the House |
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| 54 | | - | Approved: |
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| 55 | | - | ______________________________ |
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| 56 | | - | Date |
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| 57 | | - | ______________________________ |
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| 58 | | - | Governor |
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