Texas 2023 - 88th Regular

Texas Senate Bill SB249 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1595 EAS-D
2	2	By: Hall, Campbell, Perry S.B. No. 249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offense of genital mutilation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 167, Health and Safety
10	10	Code, is amended to read as follows:
11	11	CHAPTER 167. [FEMALE] GENITAL MUTILATION
12	12	SECTION 2. The heading to Section 167.001, Health and
13	13	Safety Code, is amended to read as follows:
14	14	Sec. 167.001. [FEMALE] GENITAL MUTILATION PROHIBITED.
15	15	SECTION 3. Section 167.001, Health and Safety Code, is
16	16	amended by amending Subsections (a), (c), and (d) and adding
17	17	Subsections (a-1), (e), and (f) to read as follows:
18	18	(a) A person commits an offense if the person:
19	19	(1) knowingly performs a procedure described by
20	20	Subsection (a-1) on [circumcises, excises, or infibulates any part
21	21	of the labia majora or labia minora or clitoris of] another person
22	22	who is younger than 18 years of age;
23	23	(2) is a parent, caretaker, or legal guardian of
24	24	another person who is younger than 18 years of age and knowingly
25	25	consents to or facilitates a procedure described by Subsection
26	26	(a-1) [permits an act described by Subdivision (1)] to be performed
27	27	on that person; or
28	28	(3) knowingly transports or facilitates the
29	29	transportation of another person who is younger than 18 years of age
30	30	within this state or from this state for the purpose of having a
31	31	procedure described by Subsection (a-1) [an act described by
32	32	Subdivision (1)] performed on that person.
33	33	(a-1) This section applies only to a procedure that involves
34	34	the partial or total removal of, or other injury to, the genitals of
35	35	a person, including the following genital surgeries:
36	36	(1) clitorectomy, clitoroplasty, clitoral reduction,
37	37	and clitoral recession, including corporal-sparing procedures;
38	38	(2) vaginoplasty, introitoplasty, vaginal
39	39	exteriorization, and partial or total urogenital sinus
40	40	mobilization;
41	41	(3) labiaplasty and labial reduction;
42	42	(4) hypospadias surgery, relocation of the urethral
43	43	meatus, and chordee release;
44	44	(5) phalloplasty; and
45	45	(6) gonadectomy, including of testes, ovaries,
46	46	ovotestes, or streak gonads.
47	47	(c) It is a defense to prosecution under Subsection (a)
48	48	that:
49	49	(1) the person performing the procedure [act] is a
50	50	physician or other licensed health care professional and the
51	51	procedure [act] is within the scope of the person's license; and
52	52	(2) the procedure is:
53	53	(A) necessary for the person's physical health;
54	54	(B) male circumcision; or
55	55	(C) performed on an intersex person [act is
56	56	performed for medical purposes].
57	57	(d) It is not a defense to prosecution under Subsection (a)
58	58	[this section] that the procedure is required as a matter of
59	59	religion, custom, tradition, ritual, or standard practice[:
60	60	[(1) the person on whom the circumcision, excision, or
61	61	infibulation was performed or was to be performed, or another
62	62	person authorized to consent to medical treatment of that person,
63	63	including that person's parent or legal guardian, consented to the
64	64	circumcision, excision, or infibulation;
65	65	[(2) the circumcision, excision, or infibulation is
66	66	required by a custom or practice of a particular group; or
67	67	[(3) the circumcision, excision, or infibulation was
68	68	performed or was to be performed as part of or in connection with a
69	69	religious or other ritual].
70	70	(e) In this section, "intersex person" means a person who:
71	71	(1) has inborn chromosomal, gonadal, genital, or
72	72	endocrine characteristics, or a combination of those
73	73	characteristics, that are not suited to the typical definition of
74	74	male or female or are atypical for the determined sex of the person;
75	75	or
76	76	(2) is considered by a medical professional to have
77	77	inborn chromosomal, gonadal, genital, or endocrine characteristics
78	78	that are ambiguous or atypical for the determined sex of the person.
79	79	(f) Title 4, Penal Code, applies to an offense under this
80	80	section.
81	81	SECTION 4. The changes in law made by this Act apply only to
82	82	an offense committed on or after the effective date of this Act. An
83	83	offense committed before the effective date of this Act is governed
84	84	by the law in effect on the date the offense was committed, and the
85	85	former law is continued in effect for that purpose. For purposes
86	86	of this section, an offense was committed before the effective date
87	87	of this Act if any element of the offense occurred before that date.
88	88	SECTION 5. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.