S.B. No. 323
AN ACT
relating to the offense of female genital mutilation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 167.001, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A person commits an offense if the person:
(1) knowingly 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 or legal guardian of another person who
is younger than 18 years of age and knowingly consents to or 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 an
act described by Subdivision (1) performed on that person.
(d) It is not a defense to prosecution under this section
that:
(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.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 323 passed the Senate on
May 3, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 323 passed the House on
May 24, 2017, by the following vote: Yeas 146, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor