ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2782, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, provide that an adult who recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured commits a Class C felony. This amendment does not apply to: (i) a parent or legal guardian of an unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal guardian; or (iii) the provision of a medical diagnosis described in the law relevant to medical procedures for minors. Additionally, it is not a defense to prosecution under this amendment that the unemancipated minor consented to the actions.
This amendment authorizes a person who violates this amendment to be held liable in a civil action for such violation. The civil action may be brought by a parent or legal guardian of the unemancipated minor. In a civil action brought pursuant to a violation of this amendment, the plaintiff may recover from the person: (i) compensatory damages; (ii) punitive damages; and (iii) reasonable attorney's fees, court costs, and expenses.
ON APRIL 24, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2782 FOR HOUSE BILL 2310, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2782, AS AMENDED.
AMENDMENT #2 rewrites the bill to, instead, prohibit a person from intentionally recruiting, harboring, or transporting an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured. However, this amendment does not apply to (i) a parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal; or (iii) a common carrier transporting passengers for hire in the course and scope of their business.
This amendment authorizes a person who violates this amendment to be held liable in a civil action for a violation under this amendment. The civil action may be brought by a parent or legal guardian of the unemancipated minor. It is not a defense to civil liability that the unemancipated minor consented to the actions in this amendment.
ON APRIL 25, 2024, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #2.
ON APRIL 25, 2024, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF AMENDMENT #2.
ON APRIL 25, 2024, THE SENATE APPOINTED A CONFERENCE COMMITTEE.
ON APRIL 25, 2024, THE HOUSE APPOINTED A CONFERENCE COMMITTEE.
ON APRIL 25, 2024, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT.
ON APRIL 25, 2024, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT.

Statutes affected:
Introduced: 68-33-103(a)(2)(B), 68-33-103, 68-33-105(a), 68-33-105