Bill Text: HI SB131 | 2024 | Regular Session | Introduced
Bill Title: Relating To Female Genital Mutilation.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB131 Detail]
Download: Hawaii-2024-SB131-Introduced.html
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THE SENATE |
S.B. NO. |
131 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to female genital mutilation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§46- Female genital mutilation; statistics;
reports. (a) The prosecuting attorney of each county shall
keep annual statistics on the following:
(1) The number of offenders:
(A) Charged with prohibited acts related to female genital mutilation under section 707- ; and
(B) Convicted under section 707- ; and
(2) The number of offenders recorded under this subsection whose cases originated from mandatory reporting of under section 346- .
(b) The prosecuting attorney of each county shall submit a written report of the statistics recorded pursuant to subsection (a) to the administrator of the Hawaii criminal justice data center by September 1 of each year. The administrator of the criminal justice data center shall compile the information received from the respective county prosecutors and submit a consolidated written report to the legislature no later than twenty days prior to the convening of each regular session."
SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§346- Reporting requirements; female genital
mutilation. (a) Notwithstanding any other state law concerning
confidentiality to the contrary, the following persons who, in the performance
of their professional or official capacity, know or have reason to believe that
a person is a victim of, or is in danger of becoming a victim of, prohibited
acts related to female genital mutilation pursuant to section 707‑ ,
shall immediately report the matter orally to the department or to a police
department:
(1) Any licensed or registered health
care professional, including a physician, physician in training, physician
assistant, psychologist, dentist, nurse, osteopathic physician or surgeon,
optometrist, chiropractor, podiatrist, pharmacist, or other health-related
professional, who examines, treats, or provides other professional or
specialized health-related services;
(2) Employees or officers of any public
or private hospital, clinic, or other health care institution who provide
social, medical, clinical, or mental health services;
(3) Social workers licensed pursuant to
chapter 467E and non-licensed persons employed in a social worker position
pursuant to section 467E-6(2), whose primary place of employment is a public or
private hospital, clinic, or other healthcare institution; and
(4) Employees or officers of any law
enforcement agency, including but not limited to the courts, police
departments, department of public safety or its successor, correctional
institutions, and parole or probation officers.
(b) The initial oral report shall be followed as soon as possible by a report written to the department. If a police department or the department of public safety or its successor is the initiating agency, a written report shall be filed with the department for cases on which the police department or the department of public safety or its successor takes further action or for active cases in the department under this chapter. All written reports shall contain the name of the person believed to be a victim or in danger of becoming a victim, the nature and extent of the injury, ailment, behavior, or circumstance that prompted the report, and any other information that the reporter believes may be helpful or relevant to the investigation of prohibited acts related to female genital mutilation pursuant to section 707- .
(c) Any person who knowingly fails to make a report pursuant to subsection (a) within twenty-four hours after the attendance, treatment, or examination, or who wilfully prevents another person from making a report pursuant to this section, shall be guilty of a petty misdemeanor.
(d) This section shall not prohibit any
person from reporting an incident that the person has reason to believe
involves prohibited acts related to female genital mutilation that comes to the
person's attention in a private or nonprofessional capacity."
SECTION 3. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§707- Prohibited acts related to female genital
mutilation. (1) A person commits the offense of prohibited
acts related to female genital mutilation if the person intentionally or
knowingly:
(a) Circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of another person;
(b) As a parent, guardian, or other person legally responsible or charged with the care or custody of a minor, allows the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of the minor; or
(c) Removes, or causes or permits to be removed, a minor from the State for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of the minor.
(2) It shall not be a defense to prosecution for
a violation of this section that the procedure or conduct described in
subsection (1):
(a) Is required as a matter of custom, ritual, or religious practice;
(b) Was consented to by the person who was subjected to it; or
(c) Was consented to by the parent, guardian, or other person legally responsible or charged with the care or custody of the minor who was subjected to it.
(3) A health care provider licensed pursuant to
chapter 453 who performs the procedure described in subsection (1)(a) shall not
be subject to criminal liability under this section if the procedure is:
(a) Within the scope of the person's
license and qualifications;
(b) Medically necessary for the physical
health of the person on whom it is performed; or
(c) Performed on a person who is in
labor or who has just given birth and is performed for medical purposes
connected with that labor or birth.
(4) As used in this section, "infibulate" means the narrowing of the vaginal opening through the creation of a covering seal, which is formed by cutting and repositioning the labia minora, or labia majora, sometimes through stitching, with or without removal of the clitoris.
(5) Prohibited acts related to female genital mutilation is a mandatory reportable offense for any person required to report pursuant to section 346- .
(6) Prohibited acts related to female genital mutilation is a class B felony."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of clinical and mental health care for individuals who have undergone or been in danger of undergoing female genital mutilation.
The sums appropriated shall be expended by the department of health for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Prohibited Acts Related to Female Genital Mutilation; Penal Code; Department of Health; Hawaii Criminal Justice Data Center; County Prosecutors; Annual Report; Appropriation
Description:
Establishes the class B felony offense of prohibited acts related to female genital mutilation. Requires prosecuting attorneys of the respective counties to keep annual statistics on cases involving prohibited acts related to female genital mutilation. Requires the Administrator of the Hawaii Criminal Justice Data Center to annually compile and report these county statistics to the Legislature. Establishes mandatory reporting requirements for ongoing or suspected cases of prohibited acts related to female genital mutilation. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
