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HB 245: "An Act relating to the practice of medicine; relating to direct-entry midwives; relating to the practice of nursing; relating to female genital mutilation; relating to criminal law and procedure; relating to sentencing; and relating to the duties of the Department of Health and Social Services."

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.