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BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING AND PREVENTING FEMALE GENITAL MUTILATION; PROVIDING A DEFINITION FOR FEMALE GENITAL MUTILATION; CREATING PROGRAMS FOR COMMUNITY EDUCATION AND OUTREACH REGARDING FEMALE GENITAL MUTILATION; ENSURING ACCESS TO SPECIALIZED SERVICES FOR VICTIMS OF FEMALE GENITAL MUTILATION; PROVIDING RULEMAKING AUTHORITY; AND CRIMINALIZING THE COMMISSION OF FEMALE GENITAL MUTILATION WHEN NOT COMMITTED FOR A MEDICALLY NECESSARY REASON."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 4], the following definitions apply:
(1) "Child" or "children" means a person or people under 18 years of age.
(2) "Female genital mutilation" means any procedure involving partial or total removal of the female genitalia or other injury to the female genital organs or any harmful procedure to the female genitalia, including but not limited to clitoridectomy or the partial or total removal of the clitoris or the prepuce, excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora, infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris, and all other actions intended to alter the structure or function of the female genitalia for a nonmedical reason, but excluding surgery performed by a physician, physician assistant, or advanced practice registered nurse when necessary to preserve or protect the physical health of the patient or for sex reassignment as requested by the patient.
NEW SECTION. Section 2. Department to develop education and outreach programs -- rulemaking. (1) The department shall oversee a program of education, prevention, and outreach adapted from existing resources created and used by nonprofit organizations and resettlement agencies who partner with communities that commonly practice female genital mutilation. The program and partners shall inform those communities about the potential health risks and emotional trauma inflicted by the practice of female genital mutilation, the resources available to address female genital mutilation, and the state's criminal penalties for committing female genital mutilation as provided in [section 5].
(2) The department shall develop policies and procedures to promote partnerships between the department and other entities and groups that may include but are not limited to the office of public instruction, the office of the attorney general, health care providers, educators, child protection specialists, community leaders, resettlement agencies, and other nonprofit organizations dedicated to preventing female genital mutilation and protecting and assisting victims of female genital mutilation.
(3) The department shall make recommendations and develop procedures for training of the entities and groups listed in subsection (2) to recognize the signs that an individual may be at risk for or a victim of female genital mutilation.
(4) The department shall adopt rules to implement [sections 1 through 4].
NEW SECTION. Section 3. Department to provide services to victims or children at risk of female genital mutilation. (1) The department shall provide for specialized services targeted for the needs of children who have undergone or are at risk for female genital mutilation, which may include but are not limited to shelter or residential placement, mental and physical care services, and access to professionals including a social worker, medical provider, mental health professional, legal representative, and law enforcement representative.
(2) Any child who is a victim of or may be at risk of female genital mutilation must have access to the services provided under subsection (1), regardless of whether the services are solicited voluntarily, in connection with a prosecution under [section 5], or through a referral, which may be made by any person.
NEW SECTION. Section 4. Department authorized to contract with other entities. The department may contract with resettlement agencies, nonprofit organizations, or other entities with experience working with victims of female genital mutilation or those at risk of female genital mutilation in order to:
(1) provide the education and outreach activities described in [section 2]; and
(2) provide the protective services described in [section 3].
NEW SECTION. Section 5. Female genital mutilation. (1) For the purposes of this section, the term "female genital mutilation" has the meaning provided in [section 1].
(2) A person commits the offense of female genital mutilation when the person:
(a) performs female genital mutilation upon a child less than 18 years of age; or
(b) holds or takes a child outside of or transports a child into the state of Montana to commit female genital mutilation or permit another to commit female genital mutilation upon a child less than 18 years of age.
(3) A person commits the offense of facilitating female genital mutilation when the person:
(a) is a relative or legal guardian of a child less than 18 years of age upon whom female genital mutilation is performed; and
(b) arranges for the female genital mutilation to be performed.
(4) (a) A person convicted of the offense of female genital mutilation described in subsection (1) shall be punished by imprisonment in the state prison for a term of not less than 2 years or more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.
(b) A person convicted of the offense of facilitation of female genital mutilation described in subsection (2) shall be punished by a fine of not more than $25,000.
(5) It is not a defense to a charge of female genital mutilation or facilitation of female genital mutilation that:
(a) the child or the child's parent or guardian consented to the commission of female genital mutilation; or
(b) female genital mutilation is a matter of custom, ritual, or standard practice.
NEW SECTION. Section 6. Codification instruction. (1) [Sections 1 through 4] are intended to be codified as an integral part of Title 52, chapter 2, and the provisions of Title 52, chapter 2, apply to [sections 1 through 4].
(2) [Section 5] is intended to be codified as an integral part of Title 45, chapter 5, and the provisions of Title 45, chapter 5, apply to [section 5].
NEW SECTION. Section 7. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.
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