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Legislation
STATE OF SOUTH CAROLINA
LEGISLATION CONCERNING FGM

(STATUS: NOT PASSED)

House:Snow
Attorney:Draffin
Stenographer:Kubala
Date:January 3, 1994

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO MAKE IT A FELONY FOR A PERSON TO KNOWINGLY CIRCUMCISE, EXCISE, OR INFIBULATE CERTAIN PARTS OF THE ANATOMY OF A FEMALE WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN YEARS, TO MAKE IT A MISDEMEANOR FOR A PERSON TO KNOWINGLY DENY TO ANY PERSON MEDICAL CARE OF SERVICES OR OTHERWISE DISCRIMINATE AGAINST A PERSON IN THE PROVISION OF MEDICAL CARE OF SERVICES BECAUSE THAT PERSON HAS UNDERGONE OR REQUESTED FEMALE CIRCUMCISION, EXCISION, OR INFIBULATION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1: The 1976 Code is amended by adding:

"Section 16-3-750. (A) Except as provided in subsection (B), whoever knowingly circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a female who has not attained the age of eighteen years is guilty of a felony and, upon conviction, must be fined no more than five thousand dollars or imprisoned not more than five years or both. Each violation constitutes a separate offense.

(B) A surgical operation is not a violation of this section if the operation is:
 
 
(1) necessary to the health of the person on whom it is performed and is performed by a person licensed or permitted by law to perform the procedure; or
 
(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed or permitted by law to perform the procedure.

(C) In applying subsection (B)(1), 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.

(D) Whoever knowingly denies to a person medical care or services or otherwise discriminates against a person in the provision of medical care or services because that person has undergone female circumcision, excision, or infibulation or has request that female circumcision, excision, or infibulation be performed on any person, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. Each violation constitutes a separate offense."

SECTION 2. This act takes effect upon approval by the Governor.