IN SENATE -- Introduced by Sens. VOLKER, MONTGOMERY, OPPENHEIMER
-- read twice and ordered printed, and when printed to be committed
to the Committee on Codes -- recommitted to the Committee on Codes in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said committee.
IN ASSEMBLY -- Introduced by M. of A. CLARK, GOTTFRIED, E.
C. SULLIVAN, PRETLOW, MAYERSOHN, -- Multi-Sponsored by -- M. of A. BARBARO,
BRENNAN, CONNELLY, FELDMAN, GALEF, GREEN, GREENE, GUNTHER, HARENBERG,
HILL, JOHN, MATUSOW, RIVERA, SEABROOK, SEMINERIO, TOWNS, WEINSTEIN,
WEISENBERG -- read once and referred to the Committee on Codes -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee.
AN ACT to amend the penal law, in relation to enacting the
New York state prohibition of female genital mutilation act.
The People of the State of New York, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known and may be cited as the
"New York state prohibition of female genital mutilation act."
2. The penal law is amended by adding a new section 130.75 to
read as follows:
130.75 Female Genital Mutilation
1. A person is guilty of female genital mutilation when:
- (a) a person knowingly circumcises, excises, or infibulates the
whole or nay part of the labia majora or labia minora or clitoris
of another person who has not reached eighteen years of age; or
- (b) a parent, guardian or other person legally responsible, charged
with the care or custody of a child less than eighteen years old,
allows the circumcision, excision or infibulation of whole or part
of such child’s labia majora or labia minora or clitoris.
Female genital mutilation is a class E felony.
2. A surgical operation is not a violation of this section
if such operation is:
- (a) necessary to the health of the person on whom it is performed,
and is performed by a person licensed in the place of its performance
as medical practitioner; or
- (b) performed on a person in labor who has just given birth and
is performed for medical purposes connected with that labor or birth
by a person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or
- (c) For the purposes of paragraph (a) of subdivision two of this
section, no account shall be taken of the effect on the person on
whom the operation is to be performed of any belief on the part
of that or any other person that the operation is required as a
matter of custom or ritual.
The department of social services and the department of health
upon completion of a study of the health risks, emotional trauma and dangers
associated with female genital mutilation shall establish and implement
appropriate education, preventive and outreach activities in communities
that traditionally practice female circumcision, excision, or infibulation,
for the purpose of informing such communities of the health risks and
emotional trauma inflicted by such practices, and for the purpose of informing
such communities and the medical community as to the existence and ramifications
of the provisions of section 130.75 of the penal law as added by section
two of this act.
4. This act shall take effect on the first day of November
next succeeding the date on which it shall have become a law; provided,
however, that section three of this act shall take effect on the one
hundred eightieth day after it shall have become a law; and provided
further that any rule or regulation necessary for the timely implementation
of this act on its effective date shall be promulgated on or before