PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill in section 1 in §214 in subsection 1 in paragraph A in the last line (page 1, line 7 in L.D.) by striking out the following: "B" and inserting the following: 'A'
Amend the bill in section 1 in §214 in subsection 1 by striking out all of paragraph B (page 1, lines 8 to 12 in L.D.) and inserting the following:
 
‘B.  The person, being a parent, guardian or person who has immediate custody of a female person under 18 years of age, consents to or permits for nonmedical purposes the circumcision, excision, mutilation or infibulation, in whole or in part, of the labia majora, labia minora or clitoris of the female person under 18 years of age.
 
(1) Except as provided in subparagraph (2), a violation of this paragraph is a Class C crime;
’
 
(2) A violation of this paragraph is a Class B crime if, at the time of the offense, the person has one or more prior convictions for a violation of this paragraph; or
Amend the bill in section 1 in §214 by striking out all of subsection 4 (page 1, lines 24 to 27 in L.D.) and inserting the following:
 
‘4.      It is a defense to a violation of subsection 1 that:
 
A.  The circumcision, excision, mutilation or infibulation was done for purposes related to the health of a female person under 18 years of age as determined to be necessary by a physician licensed pursuant to Title 32, chapter 36 or 48; or
 
B. When the circumcision, excision, mutilation or infibulation was consented to or permitted under subsection 1, paragraph B or C by a parent, guardian or person who had immediate custody of the female person under 18 years of age, the parent, guardian or person who had immediate custody of the female person under 18 years of age was compelled to consent to or permit the circumcision, excision, mutilation or infibulation by force or by threat of death or bodily injury to that person or another person.’
Amend the bill by adding after section 1 the following:
‘Sec. 2. Department of Health and Human Services; community-based education and outreach program relating to female genital mutilation. The Department of Health and Human Services shall establish a community-based education and outreach program to provide culturally specific services for communities in the State in which female genital mutilation of minors might be practiced. Services to be provided under the program include, but are not limited to:
1. Development and distribution of educational materials regarding the health risks and emotional trauma inflicted by and relating to the practice of female genital mutilation;
2. Development and distribution of educational materials relating to the federal prohibition on and penalties for female genital mutilation of a minor under 18 United States Code, Section 116, the state prohibition on and penalties for female genital mutilation of a minor under the Maine Revised Statutes, Title 17-A, section 214 and the mandatory reporting requirements relating to female genital mutilation of a minor pursuant to Title 22, section 4011-A, subsection 1;
3. Outreach and provision of culturally specific support services to victims of female genital mutilation in the State; and
4. Development and administration of a culturally sensitive professional training program relating to female genital mutilation that includes, but is not limited to, training on the information described in subsections 1 and 2.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
 
Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding to contract for outreach and support services.

GENERAL FUND	2017-18	2018-19	
All Other	$50,000	$50,000	
			
GENERAL FUND TOTAL	$50,000	$50,000	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for development and printing of educational materials.

GENERAL FUND	2017-18	2018-19	
All Other	$2,680	$1,512	
			
GENERAL FUND TOTAL	$2,680	$1,512	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Comprehensive Health Planner II position to develop, establish and administer a community-based education and outreach program to provide culturally specific services for communities in the State in which female genital mutilation of minors might be practiced, which includes the development, establishment and administration of a culturally sensitive professional training program.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$82,480	$84,506	
All Other	$10,178	$10,178	
			
GENERAL FUND TOTAL	$92,658	$94,684	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$145,338	$146,196	
			
DEPARTMENT TOTAL - ALL FUNDS	$145,338	$146,196	
 
’
 
SUMMARY
This amendment, which is a minority report of the committee, elevates from Class B to Class A the new crime of performing female genital mutilation on a female person under 18 years of age. The amendment reduces from a Class B to a Class C crime the first offense of a parent, guardian or custodian of the female person under 18 years of age in consenting to or permitting the procedure but retains as a Class B crime any subsequent offenses. The amendment provides a defense to the new crime of female genital mutilation that, when the procedure was consented to or permitted by a parent, guardian or custodian of a female person under 18 years of age, the parent, guardian or custodian was compelled to consent to or permit the procedure by force or by threat of death or bodily injury to that person or another person.
The amendment also directs the Department of Health and Human Services to develop, establish and administer a community-based education and outreach program to provide culturally specific services for communities in the State in which female genital mutilation of minors might be practiced, including a culturally sensitive professional training program, and provides funding to implement the program.
FISCAL NOTE REQUIRED
(See attached)