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90_HB3829
20 ILCS 2310/55.89 new
720 ILCS 5/11-23 new
Amends the Civil Administrative Code and the Criminal
Code. Requires that the Department of Public Health, in
cooperation with the Department of Human Services, establish
and implement appropriate education, preventive, and outreach
activities in communities that traditionally practice female
genital mutilation. Makes female genital mutilation a Class
4 felony. Makes Department of Public Health provisions
operative 180 days after they become law. Makes Criminal
Code provisions operative 45 days after they become law.
Effective immediately.
LRB9009632DJcd
LRB9009632DJcd
1 AN ACT concerning female genital mutilation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by adding Section 55.89 as follows:
6 (20 ILCS 2310/55.89 new)
7 Sec. 55.89. Female genital mutilation.
8 (a) Upon completion of a study of the health risks,
9 emotional trauma, and dangers associated with female genital
10 mutilation, the Department of Public Health, in cooperation
11 with the Department of Human Services, shall establish and
12 implement appropriate education, preventive, and outreach
13 activities in communities that traditionally practice female
14 circumcision, excision, or infibulation. These activities
15 shall be for the purpose of informing those communities of
16 the health risks and emotional trauma inflicted by those
17 practices and for the purpose of informing those communities
18 and the medical community as to the existence and
19 ramifications of the provisions of Section 11-23 of the
20 Criminal Code of 1961.
21 (b) This Section becomes operative 180 days after it
22 becomes law.
23 Section 10. The Criminal Code of 1961 is amended by
24 adding Section 11-23 as follows:
25 (720 ILCS 5/11-23 new)
26 Sec. 11-23. Female genital mutilation.
27 (a) A person commits the offense of female genital
28 mutilation when:
29 (1) he or she knowingly circumcises, excises, or
-2- LRB9009632DJcd
1 infibulates the whole or any part of the labia majora or
2 labia minora or clitoris of another person who has not
3 reached 18 years of age; or
4 (2) being a parent, guardian, or other person
5 legally responsible and charged with the care or custody
6 of a child less than 18 years of age, he or she knowingly
7 consents to the circumcision, excision, or infibulation
8 of the whole or any part of the child's labia majora or
9 labia minora or clitoris.
10 (b) A circumcision, excision, or infibulation described
11 in subsection (a) is not a violation of this Section if the
12 act is:
13 (1) necessary to the health of the person on whom
14 it is performed and is performed by a physician licensed
15 to practice medicine in all of its branches; or
16 (2) performed on a person in labor or who has just
17 given birth and is performed for medical purposes
18 connected with that labor or birth by a physician
19 licensed to practice medicine in all of its branches or a
20 person in training to become a physician licensed to
21 practice medicine in all of its branches.
22 For purposes of paragraph (1) of this subsection, no
23 account shall be taken of the effect on the person on whom
24 the procedure is to be performed of any belief on the part of
25 that or any other person that the procedure is required as a
26 matter of custom or ritual.
27 (c) Sentence. Female genital mutilation is a Class 4
28 felony.
29 (d) This Section becomes operative 45 days after it
30 becomes law.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.