05 LC 29
1542
House
Bill 10
By:
Representatives Oliver of the
83rd,
Benfield of the
85th,
McClinton of the
84th,
Drenner of the
86th,
and Henson of the
87th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to assault and battery, so as to provide for the crime of
female genital mutilation; to provide for penalties; to provide for exceptions;
to provide that certain statutory privileges shall not be available; to provide
for applicability; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to assault and battery, is amended by adding a new Code Section 16-5-27 to read
as follows:
"16-5-27.
(a)
Any person:
(1)
Who knowingly circumcises, excises, or infibulates, in whole or in part, the
labia majora, labia minora, or clitoris of a female under 18 years of
age;
(2)
Who is a parent, guardian, or has immediate custody or control of a female under
18 years of age and knowingly consents or permits to the circumcision, excision,
or infibulation, in whole or in part, of the labia majora, labia minora, or
clitoris of such female; or
(3)
Who knowingly removes or causes or permits the removal of a female under 18
years of age from this state for the purpose of circumcising, excising, or
infibulating, in whole or in part, the labia majora, labia minora, or clitoris
of such female
shall
be guilty of female genital mutilation.
(b)
A person convicted of female genital mutilation shall be punished by
imprisonment for not less than five nor more than 20 years.
(c)
This Code section shall not apply to procedures performed by or under the
direction of a physician, a registered professional nurse, a certified nurse
midwife,or a licensed practical nurse licensed pursuant to Chapter 34 or 26,
respectively, of Title 43 when necessary to preserve the physical health of the
female or during or after labor or childbirth for medical reasons connected with
the labor or childbirth.
(d)
Consent of the female under 18 years of age or the parent, guardian, or
custodian of the female under 18 years of age shall not be a defense to the
offense of female genital mutilation. Religion, ritual, custom, or standard
practice shall not be a defense to the offense of female genital
mutilation.
(e)
The statutory privileges provided by Chapter 9 of Title 24 shall not apply to
proceedings in which one of the parties to the privilege is charged with a crime
against a female under 18 years of age, but such person shall be compellable to
give evidence only on the specific act for which the defendant is
charged."
SECTION
2.
This
Act shall become effective on July 1, 2005, and shall apply to all offenses
committed on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.