SENATE BILL No. 337

 

 

April 27, 2017, Introduced by Senators O'BRIEN, JONES and SCHUITMAKER and referred to the Committee on Judiciary.

 

 

     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) Except as otherwise provided in this section, a

 

person shall not knowingly circumcise, excise, or infibulate all or

 

any part of the labia majora or labia minora or clitoris of another

 

person who is less than 18 years of age. A person who violates this

 

section is guilty of a felony punishable by imprisonment for not

 

more than 15 years.

 

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

 

either of the following conditions applies:

 

     (a) The surgical operation is necessary to the health of the

 


person on whom it is performed, and it is performed by a licensed

 

medical practitioner.

 

     (b) The surgical operation is 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 licensed medical

 

practitioner, midwife, or person in training to become a licensed

 

medical practitioner or licensed midwife.

 

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

 

the person on whom the operation is performed or is to be

 

performed, or any other person, believes that the surgical

 

operation is required as a matter of custom or ritual.

 

     (4) As used in this section:

 

     (a) "Licensed medical practitioner" means a medical physician

 

or osteopathic physician who is licensed under article 15 of the

 

public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (b) "Licensed midwife" means a midwife licensed under article

 

15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838.

 

     (c) "Person in training" means an individual acting under the

 

delegatory authority and supervision of a physician under section

 

16215(2) of the public health code, 1978 PA 368, MCL 333.16215.

 

Person in training includes, but is not limited to, an individual

 

described in section 16215(3) of the public health code, 1978 PA

 

368, MCL 333.16215, but does not include an individual whose

 

license has been suspended under article 15.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.