Bill Text: CA AB798 | 2023-2024 | Regular Session | Amended
Bill Title: Female genital mutilation.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB798 Detail]
Download: California-2023-AB798-Amended.html
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Amended
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May 18, 2023 |
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Amended
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April 13, 2023 |
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Amended
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April 04, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 798
| Introduced by Assembly Member Weber |
February 13, 2023 |
An act to amend Section 124170 of the Health and Safety Code, and to amend Section 273.4 of, and to add Section 11165.16 to, the Penal Code, relating to female genital mutilation.
LEGISLATIVE COUNSEL'S DIGEST
AB 798, as amended, Weber.
Female genital mutilation.
Existing law prohibits, as specified, the infliction of pain or suffering or the willful neglect of a child. Existing law imposes a penalty enhancement if the act constituting a violation of this prohibition was an act of female genital mutilation. Existing law defines female genital mutilation as the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes.
This bill would specify that for the purposes of that enhancement and other crimes it is not a defense that the conduct is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individual’s parent or guardian, consented to the procedure. The bill would state that evidence that a person removes or causes, permits, or facilitates the removal of a minor from this
state may be used as circumstantial evidence to establish a violation of any crime arising from the commission of female genital mutilation. The bill would define female genital mutilation as any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.
This bill would specify that female genital mutilation is
child abuse for these purposes.
Existing law requires the State Department of Public Health to establish and implement appropriate education, preventative, and outreach
activities, focusing on the new immigrant populations that traditionally practice female genital mutilation, for the purpose of informing members of those communities of the health risks and emotional trauma inflicted by the practice.
This bill would require the department to perform those activities on or before January 1, 2027.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
The State Department of Public Health shall, on or before January 1, 2027, establish and implement appropriate education, preventative, and outreach activities, focusing on the new immigrant populations that traditionally practice female genital mutilation, for the purpose of informing members of those communities of the health risks and emotional trauma inflicted by this practice and informing those communities and the medical community of the prohibition and ramifications of Section 273.4 of the Penal Code.
SEC. 2.SECTION 1.
Section 273.4 of the Penal Code is amended to read:273.4.
(a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (b), the defendant shall be punished by an additional term of imprisonment in the state prison for one year, in addition and consecutive to the punishment prescribed by Section 273a.(b) “Female genital mutilation” means any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.
(c) Evidence that a person removes or causes, permits, or facilitates the removal of a minor from this state may be
used as circumstantial evidence to establish a violation, or an attempt, under this section, Section 273a, 203, 205, or 206, or any other crime arising from the commission of female genital mutilation.
(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
(e) It is not a defense to this section, Section 273a, 203, 205, or 206, or any other crime arising from the commission of female genital mutilation that the conduct is required as a matter of religion, custom, ritual, or standard practice, or that the minor on whom it is performed, or the minor’s parent or guardian, consented to the procedure.
