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Engrossed Version Senate Bill 73 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 73

(By Senators Wooton, Walker, White, Chafin, Boley, Minear, Buckalew, Jackson, Hunter, Sprouse, Ross, Bowman, Anderson, Ball, Kimble, Plymale, Dittmar and Schoonover)

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[Originating in the Committee on the Judiciary;

reported March 3, 1997.]

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A BILL to amend article eight-d, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-a, relating to criminal child abuse; prohibiting the practice of female genital mutilation; and penalties.

Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section three-a, to read as follows:
ARTICLE 8D. CHILD ABUSE.

§61-8D-3a. Female genital mutilation; penalties; definitions.

(a) Except as otherwise provided in subsection (b) of this section, a person commits child abuse if such person circumcises, excises or infibulates, in whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen or if a parent, guardian or custodian of a female under the age of eighteen allows the circumcision, excision or infibulation, in whole or in part, of such child's labia majora, labia minora or clitora. Any person who commits a violation of this section shall be guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more than ten years and fined not less than one thousand dollars nor more than five thousand dollars.
(b) A surgical procedure is not a violation of this section if the procedure:
(1) Is necessary to preserve the health of the child on whom it is performed and is performed by a licensed medical professional authorized to practice medicine in this state; or
(2) The procedure is performed on a child who is in labor or has just given birth and is performed for legitimate medical purposes connected with that labor or birth by a licensed medical professional authorized to practice medicine in this state.
(c) Belief that the conduct described in subsection (a) of this section is required as a matter of custom, ritual, standard practice or consent to the procedure by the child on whom it is performed or by the child's parent, guardian or custodian shall not be a defense.
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