00 HOUSE BILL NO. 245 01 "An Act relating to the practice of medicine; relating to direct-entry midwives; relating 02 to the practice of nursing; relating to female genital mutilation; relating to criminal law 03 and procedure; relating to sentencing; and relating to the duties of the Department of 04 Health and Social Services." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 08.64.331 is amended by adding a new subsection to read: 07 (g) The board shall permanently revoke a license under (a)(1) of this section if 08 the board finds that a licensee has been convicted of a violation of AS 11.41.275. The 09 board may not permanently revoke a license under this subsection if the conviction has 10 been reversed on appeal, the conviction is under appeal, or the right to appeal has not 11 been exhausted. 12  * Sec. 2. AS 08.65.120 is amended by adding a new subsection to read: 13 (f) The board shall permanently revoke a certificate or permit under (a)(1) of 14 this section if the board finds that the person holding the certificate or permit has been 01 convicted of a violation of AS 11.41.275. The board may not permanently revoke a 02 certificate or permit under this subsection if the conviction has been reversed on 03 appeal, the conviction is under appeal, or the right to appeal has not been exhausted. 04  * Sec. 3. AS 08.68.275 is amended by adding a new subsection to read: 05 (g) The board shall permanently revoke a license or permit to practice under 06 (a)(1) of this section if the board finds that the licensee or permit holder has been 07 convicted of a violation of AS 11.41.275. The board may not permanently revoke a 08 license or permit under this subsection if the conviction has been reversed on appeal, 09 the conviction is under appeal, or the right to appeal has not been exhausted. 10  * Sec. 4. AS 11.41 is amended by adding a new section to read: 11 Sec. 11.41.275. Female genital mutilation. (a) A person commits the crime of 12 female genital mutilation if the person 13 (1) knowingly commits female genital mutilation on a female under 18 14 years of age; 15 (2) knowingly removes, or causes or permits the removal of, a female 16 under 18 years of age from the state in order to commit female genital mutilation on 17 the female under 18 years of age; or 18 (3) is the parent or guardian, or is in a position of familial or custodial 19 authority, of a female under 18 years of age and knowingly consents to or permits the 20 female genital mutilation of the female under 18 years of age. 21 (b) It is an affirmative defense to a prosecution under (a) of this section that 22 the female genital mutilation was performed 23 (1) by a licensed health care provider who was acting within the scope 24 of the provider's practice; and 25 (2) on a female under 18 years of age 26 (A) who was in labor or who had just given birth and was 27 performed for medical purposes connected with that labor or birth; or 28 (B) to correct an anatomical abnormality or to remove diseased 29 tissue that was an immediate threat to the health of the female under 18 years 30 of age. 31 (c) In a prosecution under (a) of this section, 01 (1) it is not a defense that the female genital mutilation was carried out 02 in accordance with the person's religious beliefs, ritual, custom, or standard practice; 03 and 04 (2) existing provisions of law prohibiting the disclosure of confidential 05 marital communications do not apply, and both spouses are competent to testify for or 06 against each other as to all relevant matters. 07 (d) In this section, 08 (1) "female genital mutilation" means 09 (A) circumcising, excising, or infibulating, in whole or in part, 10 the labia majora, labia minora, or clitoris of a female; or 11 (B) surgically altering normal, healthy, and functioning genital 12 tissue of a female; 13 (2) "licensed health care provider" means a licensed physician, 14 osteopath, direct-entry midwife, advanced nurse practitioner, physician assistant, or 15 nurse. 16 (e) Female genital mutilation is an unclassified felony. 17  * Sec. 5. AS 11.81.250(a) is amended to read: 18 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 19 title, except murder in the first and second degree, attempted murder in the first 20 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 21 in the first degree, murder of an unborn child, female genital mutilation, sexual 22 assault in the first degree, sexual abuse of a minor in the first degree, misconduct 23 involving a controlled substance in the first degree, sex trafficking in the first degree 24 under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their 25 seriousness, according to the type of injury characteristically caused or risked by 26 commission of the offense and the culpability of the offender. Except for murder in the 27 first and second degree, attempted murder in the first degree, solicitation to commit 28 murder in the first degree, conspiracy to commit murder in the first degree, murder of 29 an unborn child, female genital mutilation, sexual assault in the first degree, sexual 30 abuse of a minor in the first degree, misconduct involving a controlled substance in the 31 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and 01 kidnapping, the offenses in this title are classified into the following categories: 02 (1) class A felonies, which characteristically involve conduct resulting 03 in serious physical injury or a substantial risk of serious physical injury to a person; 04 (2) class B felonies, which characteristically involve conduct resulting 05 in less severe violence against a person than class A felonies, aggravated offenses 06 against property interests, or aggravated offenses against public administration or 07 order; 08 (3) class C felonies, which characteristically involve conduct serious 09 enough to deserve felony classification but not serious enough to be classified as A or 10 B felonies; 11 (4) class A misdemeanors, which characteristically involve less severe 12 violence against a person, less serious offenses against property interests, less serious 13 offenses against public administration or order, or less serious offenses against public 14 health and decency than felonies; 15 (5) class B misdemeanors, which characteristically involve a minor 16 risk of physical injury to a person, minor offenses against property interests, minor 17 offenses against public administration or order, or minor offenses against public health 18 and decency; 19 (6) violations, which characteristically involve conduct inappropriate 20 to an orderly society but which do not denote criminality in their commission. 21  * Sec. 6. AS 11.81.250(b) is amended to read: 22 (b) The classification of each felony defined in this title, except murder in the 23 first and second degree, attempted murder in the first degree, solicitation to commit 24 murder in the first degree, conspiracy to commit murder in the first degree, murder of 25 an unborn child, female genital mutilation, sexual assault in the first degree, sexual 26 abuse of a minor in the first degree, misconduct involving a controlled substance in the 27 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and 28 kidnapping, is designated in the section defining it. A felony under the law of this state 29 defined outside this title for which no penalty is specifically provided is a class C 30 felony. 31  * Sec. 7. AS 12.55.035(b) is amended to read: 01 (b) Upon conviction of an offense, a defendant who is not an organization may 02 be sentenced to pay, unless otherwise specified in the provision of law defining the 03 offense, a fine of not more than 04 (1) $500,000 for murder in the first or second degree, attempted 05 murder in the first degree, murder of an unborn child, female genital mutilation, 06 sexual assault in the first degree, sexual abuse of a minor in the first degree, 07 kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or 08 misconduct involving a controlled substance in the first degree; 09 (2) $250,000 for a class A felony; 10 (3) $100,000 for a class B felony; 11 (4) $50,000 for a class C felony; 12 (5) $25,000 for a class A misdemeanor; 13 (6) $2,000 for a class B misdemeanor; 14 (7) $500 for a violation. 15  * Sec. 8. AS 12.55.125(b) is amended to read: 16 (b) A defendant convicted of attempted murder in the first degree, solicitation 17 to commit murder in the first degree, conspiracy to commit murder in the first degree, 18 female genital mutilation, kidnapping, or misconduct involving a controlled 19 substance in the first degree shall be sentenced to a definite term of imprisonment of at 20 least five years but not more than 99 years. A defendant convicted of murder in the 21 second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be 22 sentenced to a definite term of imprisonment of at least 15 years but not more than 99 23 years. A defendant convicted of murder in the second degree shall be sentenced to a 24 definite term of imprisonment of at least 20 years but not more than 99 years when the 25 defendant is convicted of the murder of a child under 16 years of age and the court 26 finds by clear and convincing evidence that the defendant (1) was a natural parent, a 27 stepparent, an adoptive parent, a legal guardian, or a person occupying a position of 28 authority in relation to the child; or (2) caused the death of the child by committing a 29 crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 30 guardian" and "position of authority" have the meanings given in AS 11.41.470. 31  * Sec. 9. AS 44.29.020 is amended by adding a new subsection to read: 01 (d) The Department of Health and Social Services shall establish and 02 implement appropriate educational, preventive, and outreach activities related to 03 female genital mutilation as defined in AS 11.41.275(d), focusing on immigrant 04 populations that traditionally practice female genital mutilation. The purposes of those 05 activities are to inform 06 (1) members of those populations of the health risks and emotional 07 trauma inflicted by female genital mutilation; and 08 (2) members of those populations and health care providers of the 09 prohibition and ramifications of AS 11.41.275. 10  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. (a) AS 11.41.275, enacted by sec. 4 of this Act, applies to offenses 13 committed on or after the effective date of sec. 4 of this Act. 14 (b) AS 12.55.125(b), as amended by sec. 8 of this Act, applies to sentences imposed 15 on or after the effective date of sec. 8 of this Act for conduct occurring on or after the 16 effective date of sec. 8 of this Act.