HB 214: "An Act relating to female genital mutilation; relating to the practice of medicine; relating to direct-entry midwives; relating to the practice of nursing; relating to criminal law and procedure; relating to sentencing; relating to the duties of the Department of Health; and amending Rule 505(a), Alaska Rules of Evidence."
00 HOUSE BILL NO. 214 01 "An Act relating to female genital mutilation; relating to the practice of medicine; 02 relating to direct-entry midwives; relating to the practice of nursing; relating to criminal 03 law and procedure; relating to sentencing; relating to the duties of the Department of 04 Health; and amending Rule 505(a), Alaska Rules of Evidence." 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; 18 (3) knowingly transports, or causes or permits the transport of, a 19 female under 18 years of age within the state in order to commit female genital 20 mutilation on the female under 18 years of age; or 21 (4) is the parent or guardian, or is in a position of familial or custodial 22 authority, of a female under 18 years of age and knowingly consents to or permits the 23 female genital mutilation of the female under 18 years of age. 24 (b) It is an affirmative defense to a prosecution under (a) of this section that 25 the female genital mutilation was performed 26 (1) by a licensed health care provider who was acting within the scope 27 of the provider's practice; and 28 (2) on a female under 18 years of age 29 (A) who was in labor or who had just given birth and was 30 performed for medical purposes connected with that labor or birth; or 31 (B) to correct an anatomical abnormality or to remove diseased
01 tissue that was an immediate threat to the health of the female under 18 years 02 of age. 03 (c) In a prosecution under (a) of this section, 04 (1) it is not a defense that the female genital mutilation was carried out 05 (A) in accordance with the person's religious beliefs, ritual, 06 custom, or standard practice; or 07 (B) with the consent of the female under 18 years of age on 08 whom the female genital mutilation is performed; and 09 (2) existing provisions of law prohibiting the disclosure of confidential 10 marital communications do not apply, and both spouses are competent to testify for or 11 against each other as to all relevant matters. 12 (d) In this section, 13 (1) "female genital mutilation" means 14 (A) circumcising, excising, or infibulating, in whole or in part, 15 the labia majora, labia minora, clitoris, or clitoral prepuce of a female; 16 (B) surgically altering, pricking, scraping, or cauterizing 17 normal, healthy, and functioning genital tissue of a female; or 18 (C) other procedures that are harmful to the external genital 19 tissue of a female; 20 (2) "licensed health care provider" means a licensed physician, 21 osteopath, direct-entry midwife, advanced nurse practitioner, physician assistant, or 22 nurse. 23 (e) Female genital mutilation is an unclassified felony. 24 * Sec. 5. AS 11.81.250(a) is amended to read: 25 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 26 title, except murder in the first and second degree, attempted murder in the first 27 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 28 in the first degree, murder of an unborn child, female genital mutilation, sexual 29 assault in the first degree, sexual abuse of a minor in the first degree, misconduct 30 involving a controlled substance in the first degree, sex trafficking in the first degree 31 under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their
01 seriousness, according to the type of injury characteristically caused or risked by 02 commission of the offense and the culpability of the offender. Except for murder in the 03 first and second degree, attempted murder in the first degree, solicitation to commit 04 murder in the first degree, conspiracy to commit murder in the first degree, murder of 05 an unborn child, female genital mutilation, sexual assault in the first degree, sexual 06 abuse of a minor in the first degree, misconduct involving a controlled substance in the 07 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and 08 kidnapping, the offenses in this title are classified into the following categories: 09 (1) class A felonies, which characteristically involve conduct resulting 10 in serious physical injury or a substantial risk of serious physical injury to a person; 11 (2) class B felonies, which characteristically involve conduct resulting 12 in less severe violence against a person than class A felonies, aggravated offenses 13 against property interests, or aggravated offenses against public administration or 14 order; 15 (3) class C felonies, which characteristically involve conduct serious 16 enough to deserve felony classification but not serious enough to be classified as A or 17 B felonies; 18 (4) class A misdemeanors, which characteristically involve less severe 19 violence against a person, less serious offenses against property interests, less serious 20 offenses against public administration or order, or less serious offenses against public 21 health and decency than felonies; 22 (5) class B misdemeanors, which characteristically involve a minor 23 risk of physical injury to a person, minor offenses against property interests, minor 24 offenses against public administration or order, or minor offenses against public health 25 and decency; 26 (6) violations, which characteristically involve conduct inappropriate 27 to an orderly society but which do not denote criminality in their commission. 28 * Sec. 6. AS 11.81.250(b) is amended to read: 29 (b) The classification of each felony defined in this title, except murder in the 30 first and second degree, attempted murder in the first degree, solicitation to commit 31 murder in the first degree, conspiracy to commit murder in the first degree, murder of
01 an unborn child, female genital mutilation, sexual assault in the first degree, sexual 02 abuse of a minor in the first degree, misconduct involving a controlled substance in the 03 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and 04 kidnapping, is designated in the section defining it. A felony under the law of this state 05 defined outside this title for which no penalty is specifically provided is a class C 06 felony. 07 * Sec. 7. AS 12.10.010(b) is amended to read: 08 (b) Except as otherwise provided by law or in (a) of this section, a person may 09 not be prosecuted, tried, or punished for an offense unless the indictment is found or 10 the information or complaint is instituted not later than 11 (1) 10 years after the commission of a felony offense in violation of 12 AS 11.41.120 - 11.41.330, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 13 11.41.450 - 11.41.458; [OR] 14 (2) 10 years after the commission of an offense in violation of 15 AS 11.41.275 or the alleged victim's 28th birthday, whichever is later; or 16 (3) five years after the commission of any other offense. 17 * Sec. 8. AS 12.55.035(b) is amended to read: 18 (b) Upon conviction of an offense, a defendant who is not an organization may 19 be sentenced to pay, unless otherwise specified in the provision of law defining the 20 offense, a fine of not more than 21 (1) $500,000 for murder in the first or second degree, attempted 22 murder in the first degree, murder of an unborn child, female genital mutilation, 23 sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual 24 abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree 25 under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first 26 degree; 27 (2) $250,000 for a class A felony; 28 (3) $100,000 for a class B felony; 29 (4) $50,000 for a class C felony; 30 (5) $25,000 for a class A misdemeanor; 31 (6) $2,000 for a class B misdemeanor;
01 (7) $500 for a violation. 02 * Sec. 9. AS 12.55.125(b) is amended to read: 03 (b) A defendant convicted of attempted murder in the first degree, solicitation 04 to commit murder in the first degree, conspiracy to commit murder in the first degree, 05 female genital mutilation, kidnapping, or misconduct involving a controlled 06 substance in the first degree shall be sentenced to a definite term of imprisonment of at 07 least five years but not more than 99 years. A defendant convicted of murder in the 08 second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be 09 sentenced to a definite term of imprisonment of at least 15 years but not more than 99 10 years. A defendant convicted of murder in the second degree shall be sentenced to a 11 definite term of imprisonment of at least 20 years but not more than 99 years when the 12 defendant is convicted of the murder of a child under 16 years of age and the court 13 finds by clear and convincing evidence that the defendant (1) was a natural parent, a 14 stepparent, an adoptive parent, a legal guardian, or a person occupying a position of 15 authority in relation to the child; or (2) caused the death of the child by committing a 16 crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 17 guardian" and "position of authority" have the meanings given in AS 11.41.470. 18 * Sec. 10. AS 44.29.020 is amended by adding a new subsection to read: 19 (e) The Department of Health shall establish and implement appropriate 20 educational, preventive, and outreach activities related to female genital mutilation as 21 defined in AS 11.41.275(d), focusing on immigrant populations that traditionally 22 practice female genital mutilation. The purposes of those activities are to inform 23 (1) members of those populations of the health risks and emotional 24 trauma inflicted by female genital mutilation; and 25 (2) members of those populations and health care providers of the 26 prohibition against and ramifications of committing female genital mutilation under 27 AS 11.41.275. 28 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 505(a), Alaska Rules of 31 Evidence, is amended to read:
01 (a) Spousal Immunity. 02 (1) General Rule. A husband shall not be examined for or against his wife, 03 without his consent, nor a wife for or against her husband, without her consent. 04 (2) Exceptions. There is no privilege under this subdivision: 05 (A) In a civil proceeding brought by or on behalf of one spouse against 06 the other spouse; or 07 (B) In a proceeding to commit or otherwise place a spouse, the 08 property of a spouse or both the spouse and the property of the spouse under the 09 control of another because of the alleged mental or physical condition of the spouse; 10 or 11 (C) In a proceeding brought by or on behalf of a spouse to establish the 12 spouse's competence; or 13 (D) In a proceeding in which one spouse is charged with: 14 (i) A crime against the person or the property of the other 15 spouse or of a child of either, whether such crime was committed before or 16 during marriage. 17 (ii) Bigamy, incest, adultery, pimping, or prostitution. 18 (iii) A crime related to abandonment of a child or nonsupport 19 of a spouse or child. 20 (iv) A crime prior to the marriage. 21 (v) A crime involving domestic violence as defined in 22 AS 18.66.990. 23 (vi) A crime involving female genital mutilation under 24 AS 11.41.275. 25 (E) In a proceeding involving custody of a child. 26 (F) Evidence derived from or related to a business relationship 27 involving the spouses. 28 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. AS 11.41.275, enacted by sec. 4 of this Act, and AS 12.10.010(b), 31 as amended by sec. 7 of this Act, apply to offenses committed on or after the effective date of
01 secs. 4 and 7 of this Act. 02 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONDITIONAL EFFECT. AS 11.41.275(c)(2), enacted by sec. 4 of this Act, and 05 Rule 505(a), Alaska Rules of Evidence, as amended by sec. 11 of this Act, take effect only if 06 sec. 11 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 07 15, Constitution of the State of Alaska.