SB 323

85(R) - 2017
Senate State Affairs
Senate State Affairs
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Positive
  • Positive
  • Neutral


Jane Nelson

Bill Caption

Relating to prohibiting female genital mutilation; imposing a penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current law, a person commits an offense if the person knowingly circumcises, excises, or infibulates any part of female genitalia on a person who is younger than 18 years of age. This bill would add to the offense if a parent or legal guardian consents to the above acts being performed on their child or someone knowingly transports or permits the transport from or within Texas someone for the purpose of performing acts mentioned in this section. 

This bill would also state that it is not a defense to prosecution that the offense pertained to a custom, ritual, religious practice, or that the victim, victim's parent or legal guardian consented to the procedure. An offense under this section is a state jail felony.

Vote Recommendation Notes

The practice known as female genital mutilation is a form of child abuse and while it is already illegal this bill strengthens the law by banning actions which effectively make a person an accessory to the practice. We support this legislation as a proper exercise of state authority to prevent child abuse.