Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 430 First Substitute (2019GS)

Sponsor

Rep. Ivory, K.

Final action

Governor Signed 3/27/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines female genital mutilation;
• makes performing or facilitating female genital mutilation a second degree felony;
• provides that a medical professional who performs female genital mutilation shall lose the ability to practice permanently;
• declares that female genital mutilation is a form of child abuse for reporting requirements;
• allows a person subject to female genital mutilation to bring a civil action; and
• requires the Department of Health to create an education program to alert the community to the health risks and emotional trauma of female genital mutilation.

Every vote on this bill

Bill text

PROHIBITION OF GENITAL MUTILATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
Luz Escamilla
Cosponsors:
Patrice M. Arent
Angela Romero
LONG TITLE
General Description:
This bill prohibits female genital mutilation and provides a penalty.
Highlighted Provisions:
This bill:
▸ defines female genital mutilation;
▸ makes performing or facilitating female genital mutilation a second degree felony;
▸ provides that a medical professional who performs female genital mutilation shall
lose the ability to practice permanently;
▸ declares that female genital mutilation is a form of child abuse for reporting
requirements;
▸ allows a person subject to female genital mutilation to bring a civil action; and
▸ requires the Department of Health to create an education program to alert the
community to the health risks and emotional trauma of female genital mutilation.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-5-701
, Utah Code Annotated 1953
76-5-702
, Utah Code Annotated 1953
76-5-703
, Utah Code Annotated 1953
76-5-704
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-701
 is enacted to read:
 76-5-701.
Female genital mutilation definition.
(1) As used in this part, female genital mutilation means any procedure that involves
partial or total removal of the external female genitalia, or any harmful procedure to the female
genitalia, including:
(a) clitoridectomy;
(b) the partial or total removal of the clitoris or the prepuce;
(c) excision or the partial or total removal of the clitoris and the labia minora, with or
without excision of the labia majora;
(d) infibulation or the narrowing of the vaginal orifice with the creation of a covering
seal by cutting and appositioning the labia minora or the labia majora, with or without excision
of the clitoris;
(e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
(f) any other actions intended to alter the structure or function of the female genitalia
for non-medical reasons.
(2) Female genital mutilation is considered a form of child abuse for mandatory
reporting under Section 
62A-4a-403
.
Section 2. Section 
76-5-702
 is enacted to read:
 76-5-702.
Prohibition on female genital mutilation -- Exceptions.
(1) It is a second degree felony for any person to:
(a) perform a procedure described in Section 
76-5-701
 on a female under 18 years of
age;
(b) give permission for or permit a procedure described in Section 
76-5-701
 to be
performed on a female under 18 years of age; or
(c) remove or cause, permit, or facilitate the removal of a female under 18 years of age
from this state for the purpose of facilitating the performance of a procedure described in
Section 
76-5-701
 on the female.
(2) It is not a defense to female genital mutilation that the conduct described in Section
76-5-701
 is required as a matter of religion, custom, ritual, or standard practice, or that the
individual on whom it is performed or the individual's parent or guardian consented to the
procedure.
(3) A surgical procedure is not a violation of Section 
76-5-701
 if the procedure is
performed by a physician licensed as a medical professional in the place it is performed and is:
(a) medically advisable;
(b) necessary to preserve or protect the physical health of the person on whom it is
performed; or
(c) requested for sex reassignment surgery by the person on whom it is performed.
(4) A medical professional licensed in accordance with Title 58, Chapter 31b, Nurse
Practice Act, Chapter 67, Utah Medical Practice Act, Chapter 68, Utah Osteopathic Medical
Practice Act, or Chapter 70a, Physician Assistant Act, who is convicted of a violation of this
section shall have their license permanently revoked by the appropriate licensing board.
Section 3. Section 
76-5-703
 is enacted to read:
 76-5-703.
Community Education Program.
(1) The director of the Department of Health shall develop a community education
program regarding female genital mutilation.
(2) The program shall include:
(a) education, prevention, and outreach materials regarding the health risks and
emotional trauma inflicted by the practice of female genital mutilation;
(b) ways to develop and disseminate information regarding recognizing the risk factors
associated with female genital mutilation; and
(c) training materials for law enforcement, teachers, and others who are mandated
reporters under Section 
62A-4a-403
, encompassing:
(i) risk factors associated with female genital mutilation;
(ii) signs that an individual may be a victim of female genital mutilation;
(iii) best practices for responses to victims of female genital mutilation; and
(iv) the criminal penalties associated with the facilitation or commission of female
genital mutilation.
Section 4. Section 
76-5-704
 is enacted to read:
 76-5-704.
Civil cause of action.
(1) A victim of female genital mutilation may bring a civil action in any court of
competent jurisdiction for female genital mutilation any time within 10 years of:
(a) the procedure being performed; or
(b) the victim's 18th birthday.
(2) The court may award actual, compensatory, and punitive damages, and any other
appropriate relief.
(3) A prevailing plaintiff shall be awarded attorney fees and costs.
(4) Treble damages may be awarded if the plaintiff proves the defendant's acts were
willful and malicious.
(5) If a health care provider is charged and prosecuted for a violation of Section
76-5-702
, Section 
78B-3-416
 may not apply to an action against the health care provider under
this section.