State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]


      720 ILCS 5/12-32          from Ch. 38, par. 12-32
      720 ILCS 5/12-33          from Ch. 38, par. 12-33
      720 ILCS 5/12-34 new
          Amends the Criminal Code of 1961.  Creates the offense of
      female genital mutilation.  Violation is a  Class  X  felony.
      Exempts  certain  surgical procedures performed by physicians
      that are necessary to the health of the person or for medical
      purposes in connection with labor or  childbirth.    Provides
      that  exemptions  from  violations  of the offenses of ritual
      mutilation and ritualized abuse of a child  for  circumcision
      apply only to male circumcision.
HB0106 Enrolled                                LRB9000925RCsb
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 12-32 and 12-33 and adding Section 12-34.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Sections 12-32 and 12-33 and adding Section 12-34 as
 7    follows:
 8        (720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
 9        Sec. 12-32.  Ritual Mutilation.
10        (a)  A person commits the offense of  ritual  mutilation,
11    when  he  or  she  mutilates,  dismembers or tortures another
12    person as part of a ceremony, rite,  initiation,  observance,
13    performance  or  practice,  and the victim did not consent or
14    under such circumstances that the defendant  knew  or  should
15    have  known  that  the  victim was unable to render effective
16    consent.
17        (b)  Sentence. Ritual mutilation is a Class 2 felony.
18        (c)  The offense ritual mutilation does not  include  the
19    practice   of   male   circumcision   or  a  ceremony,  rite,
20    initiation, observance, or performance related thereto.
21    (Source: P.A. 86-864; 86-1028.)
22        (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
23        Sec. 12-33.  Ritualized abuse of a child.
24        (a)  A person is guilty of ritualized abuse  of  a  child
25    when  he or she commits any of the following acts with, upon,
26    or in the presence of a child as part of a ceremony, rite  or
27    any similar observance:
28             (1)  actually or in simulation, tortures, mutilates,
29        or sacrifices any warm-blooded animal or human being;
30             (2)  forces    ingestion,    injection    or   other
HB0106 Enrolled             -2-                LRB9000925RCsb
 1        application  of  any  narcotic,  drug,  hallucinogen   or
 2        anaesthetic  for  the  purpose  of  dulling  sensitivity,
 3        cognition, recollection of, or resistance to any criminal
 4        activity;
 5             (3)  forces  ingestion,  or external application, of
 6        human or animal urine, feces, flesh, blood,  bones,  body
 7        secretions, nonprescribed drugs or chemical compounds;
 8             (4)  involves  the  child in a mock, unauthorized or
 9        unlawful  marriage  ceremony  with  another   person   or
10        representation  of any force or deity, followed by sexual
11        contact with the child;
12             (5)  places a living child into  a  coffin  or  open
13        grave containing a human corpse or remains;
14             (6)  threatens death or serious harm to a child, his
15        or  her parents, family, pets, or friends that instills a
16        well-founded fear in the child that the  threat  will  be
17        carried out; or
18             (7)  unlawfully  dissects, mutilates, or incinerates
19        a human corpse.
20        (b)  The  provisions  of  this  Section  shall   not   be
21    construed to apply to:
22             (1)  lawful  agricultural,  animal  husbandry,  food
23        preparation,  or  wild game hunting and fishing practices
24        and  specifically  the  branding  or  identification   of
25        livestock;
26             (2)  the    lawful    medical   practice   of   male
27        circumcision   or   any   ceremony   related   to    male
28        circumcision;
29             (3)  any  state  or federally approved, licensed, or
30        funded research project; or
31             (4)  the ingestion of animal flesh or blood  in  the
32        performance of a religious service or ceremony.
33        (c)  Ritualized  abuse of a child is a Class 1 felony for
34    a first offense.   A  second  or  subsequent  conviction  for
HB0106 Enrolled             -3-                LRB9000925RCsb
 1    ritualized abuse of a child is a Class X felony for which the
 2    offender   may  be  sentenced  to  a  term  of  natural  life
 3    imprisonment.
 4        (d)  For the purposes of this Section, "child" means  any
 5    person under 18 years of age.
 6    (Source: P.A. 87-1167.)
 7        (720 ILCS 5/12-34 new)
 8        Sec. 12-34.  Female genital mutilation.
 9        (a)  Except  as  otherwise  permitted  in subsection (b),
10    whoever knowingly circumcises, excises,  or  infibulates,  in
11    whole or in part, the labia majora, labia minora, or clitoris
12    of  another commits the offense of female genital mutilation.
13    Consent to the procedure by a minor on whom it  is  performed
14    or  by  the  minor's parent or guardian is not a defense to a
15    violation of this Section.
16        (b)  A  surgical  procedure  is  not   a   violation   of
17    subsection (a) if the procedure:
18             (1)  is  necessary  to  the  health of the person on
19        whom it is performed and  is  performed  by  a  physician
20        licensed to practice medicine in all of its branches; or
21             (2)  is performed on a person who is in labor or who
22        has  just  given  birth  and  is  performed  for  medical
23        purposes   connected  with  that  labor  or  birth  by  a
24        physician licensed to practice medicine  in  all  of  its
25        branches.
26        (c)  Sentence.   Female  genital  mutilation is a Class X
27    felony.

[ Top ]