STATE OF NEW YORK
S. 510 A. A.690-A
1995-1996 Regular Sessions
Senate - Assembly
January 12, 1993

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 midwife.

 

(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.

3. 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 such date.