HOUSE BILL No. 4636

 

 

May 23, 2017, Introduced by Reps. Hoitenga, Hughes, Victory, Sheppard, Kesto, Hauck, Hornberger, Greimel, Chang, Farrington, Leutheuser, Lasinski, Faris, Griffin, Lucido, Rendon, Alexander, Whiteford, Kelly, Bizon, Kahle, VanderWall, Sabo, Sowerby, Moss, Hammoud, Brinks, Geiss, Ellison, Camilleri, Phelps, Jones, Chirkun, Durhal, Gay-Dagnogo, Clemente, Cochran, Peterson, Dianda, Love, Hoadley, Pagan, Garrett, Green, Yanez, Rabhi, Byrd, Schor, Neeley, Scott, Wittenberg, Zemke, Pagel, LaSata, Calley, Greig, Allor, Lower and Lilly and referred to the Committee on Law and Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 136.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 136. (1) A person shall not knowingly circumcise, excise,

 

or infibulate the whole or any part of the labia majora or labia

 

minora or clitoris of another person who is less than 18 years of

 

age.

 

     (2) A surgical operation is not a violation of this section if

 

the operation is either of the following:

 

     (a) Necessary to the health of the person on whom it is

 

performed and is performed by a person licensed to perform that

 

operation under the public health code, 1978 PA 368, MCL 333.1101

 

to 333.25211.

 

     (b) 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 to perform that operation under the

 

public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

 

     (3) A person shall not knowingly facilitate a violation of

 

subsection (1).

 

     (4) A person who violates this section is guilty of a felony

 

punishable by imprisonment for not more than 15 years or a fine of

 

not more than $25,000.00, or both.

 

     (5) It is not a defense to prosecution under this section that

 

the person on whom the operation is performed, or any other person,

 

believes that the operation is required as a matter of custom or

 

ritual, or that the person on whom the operation is performed, or

 

that person's parent or guardian, consented to the operation.

 

     (6) A violation of this section by a person licensed under the

 

public health code, 1978 PA 368, MCL 333.1101 to 333.25211, is

 

grounds for permanent revocation of that license.

 

     (7) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law

 

arising out of the same transaction as the violation of this

 

section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4639 (request no.

 

02922'17 *.