Amended IN Assembly April 04, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 798Introduced by Assembly Member WeberFebruary 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 273.3 to, the Penal Code, relating to female genital mutilation. LEGISLATIVE COUNSEL'S DIGESTAB 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, as defined. 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 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 individuals parent or guardian, consented to the procedure. 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. The bill would additionally make it a felony for a person to remove, cause, permit, or facilitate the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person. By creating a new crime, this bill would impose a state-mandated local program.This bill would additionally state the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 124170 of the Health and Safety Code is amended to read:124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.SECTION 1.SEC. 2. Section 273.3 is added to the Penal Code, to read:273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.SEC. 2.SEC. 3. 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 (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.SEC. 3.It is the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly April 04, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 798Introduced by Assembly Member WeberFebruary 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 273.3 to, the Penal Code, relating to female genital mutilation. LEGISLATIVE COUNSEL'S DIGESTAB 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, as defined. 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 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 individuals parent or guardian, consented to the procedure. 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. The bill would additionally make it a felony for a person to remove, cause, permit, or facilitate the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person. By creating a new crime, this bill would impose a state-mandated local program.This bill would additionally state the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.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: YES
Amended IN Assembly April 04, 2023
Amended IN Assembly April 04, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 798
Introduced by Assembly Member WeberFebruary 13, 2023
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 273.3 to, the Penal Code, relating to female genital mutilation.
LEGISLATIVE COUNSEL'S DIGEST
## 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, as defined. 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 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 individuals parent or guardian, consented to the procedure. 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. The bill would additionally make it a felony for a person to remove, cause, permit, or facilitate the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person. By creating a new crime, this bill would impose a state-mandated local program.This bill would additionally state the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.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.
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, as defined. 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 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 individuals parent or guardian, consented to the procedure. 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. The bill would additionally make it a felony for a person to remove, cause, permit, or facilitate the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person. By creating a new crime, this bill would impose a state-mandated local program.
This bill would additionally state the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.
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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 124170 of the Health and Safety Code is amended to read:124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.SECTION 1.SEC. 2. Section 273.3 is added to the Penal Code, to read:273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.SEC. 2.SEC. 3. 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 (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.SEC. 3.It is the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 124170 of the Health and Safety Code is amended to read:124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.
SECTION 1. Section 124170 of the Health and Safety Code is amended to read:
### SECTION 1.
124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.
124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.
124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.
124170. The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall 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.
SECTION 1.SEC. 2. Section 273.3 is added to the Penal Code, to read:273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.
SECTION 1.SEC. 2. Section 273.3 is added to the Penal Code, to read:
### SECTION 1.SEC. 2.
273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.
273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.
273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.
273.3. (a) Any person who removes, causes, permits, or facilitates the removal of a person under 18 years of age from this state for the purpose of female genital mutilation of that person is punishable pursuant to subdivision (h) of Section 1170.
(b) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.
(c) For the purposes of this section, female genital mutilation has the same meaning as defined in Section 273.4.
SEC. 2.SEC. 3. 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 (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
SEC. 2.SEC. 3. Section 273.4 of the Penal Code is amended to read:
### SEC. 2.SEC. 3.
273.4. (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
273.4. (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
273.4. (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
273.4. (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (c), 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) It is not a defense to this section that the conduct described in subdivision (a) is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure.
(c) Female genital mutilation means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons.
(d) Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
It is the intent of the Legislature to enact legislation relating to community education, prevention, and outreach activities regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.