District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0247 Engrossed / Bill

Filed 07/09/2024

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A BILL 1 
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25-247 3 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6 
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__________________ 8 
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To prohibit female genital mutilation of any person, to require the Department of Health to 11 
educate the public on existing female genital mutilation mandated reporter reporting 12 
requirements, and to provide for a civil action for female genital mutilation. 13 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15 
act may be cited as the “Female Genital Mutilation Prohibition Act of 2024”. 16 
Sec. 2. Prohibition on female genital mutilation. 17 
(a) For the purposes of this act, the term: 18 
(1) “Female genital mutilation” means any procedure performed for non-medical 19 
reasons that involves partial or total removal of, or other injury to, the external female genitalia, 20 
including:  21 
(A) A clitoridectomy or the partial or total removal of the clitoris, prepuce, 22 
or clitoral hood; 23 
(B) Excision or the partial or total removal (with or without excision of the 24 
clitoris) of the labia minora;   25 
(C) Infibulation or the narrowing of the vaginal opening (with or without 26 
excision of the clitoris); or 27    	ENGROSSED ORIGINAL 
 
 
 
 
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(D) Other procedures that are harmful to the external female genitalia, 28 
including pricking, piercing, incising, scraping, or cauterizing the genital area.  29 
(2) “Guardian” shall have the same meaning as provided in D.C. Official Code § 30 
21-2401.02(3). 31 
(b) A person commits the offense of female genital mutilation if they: 32 
 (1) Knowingly performs female genital mutilation on any person;  33 
(2) Is a parent or guardian of, or has immediate custody or control of, a person 34 
under the age of 18 and knowingly consents to, aids, permits, or otherwise facilitates female 35 
genital mutilation of such person; or 36 
 (3) Knowingly removes or facilitates the removal of a person under the age of 18 37 
from the District for the purpose of facilitating female genital mutilation of that person, provided 38 
that the conduct constituting female genital mutilation constitutes a criminal offense in the 39 
territory to which the person is removed.  40 
(c) Any person who violates subsection (b) of this section shall, upon conviction, be fined 41 
no more than the amount set forth in section 101 of the Criminal Fine Proportionality 42 
Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-43 
3571.01), or incarcerated for no more than 10 years, or both. 44 
(d) It shall not be a defense under subsection (b) of this section that: 45 
 (1) The unlawful conduct is required as a matter of religion, custom, ritual, or 46 
other standard practice; or 47    	ENGROSSED ORIGINAL 
 
 
 
 
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 (2) The person on whom female genital mutilation was performed, or that 48 
person’s parent or guardian, consented to the procedure. 49 
(e) It shall not be a violation of subsection (b) of this section if the acts or conduct that 50 
otherwise would be considered female genital mutilation: 51 
(1) Occurred in the furtherance of a surgical or other lawful medical procedure, 52 
performed by a licensed medical professional, and: 53 
 (A) The acts or conduct were necessary to preserve or protect the physical 54 
health of the patient upon whom the medical procedure was performed; or 55 
(B) The acts or conduct were part of a gender reassignment procedure 56 
requested by the person on whom the surgery is to be performed; or 57 
           (2) In the case of a piercing, was conducted on a consenting adult by a body artist, 58 
as that term is defined in D.C. Official Code § 47-2809.01(3). 59 
(f)(1) A victim of female genital mutilation may bring a civil action against a person for a 60 
violation of subsection (b) of this section.  61 
(2) If a court determines that an individual violated subsection (b) of this section, 62 
the court may award the payment of actual, compensatory, and punitive damages, and any other 63 
appropriate relief. 64 
 (3) A prevailing plaintiff shall be awarded attorney’s fees and costs. 65 
 (g)(1) The Director of the Department of Health shall develop or obtain, and make 66 
available to the public, informational materials on: 67    	ENGROSSED ORIGINAL 
 
 
 
 
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 (A) The health risks caused by female genital mutilation, including the 68 
emotional trauma inflicted; 69 
 (B) Recognizing the signs that an individual may be a victim of female 70 
genital mutilation, or at risk of female genital mutilation; and 71 
 (C) How to report that an individual has been subjected to, or is in 72 
imminent danger of being subjected to, female genital mutilation. 73 
 (2) The Director of the Department of Health, in coordination with other relevant 74 
District agencies, shall develop and make available to the public informational materials, or 75 
integrate information into existing publicly-available informational materials, on mandated 76 
reporters’ obligation to report that a person under care or under the age of 18 known to him or 77 
her in his or her professional or official capacity has been subjected to, or is in imminent danger 78 
of being subjected to, female genital mutilation. 79 
Sec. 3. Section 16-2301(9)(A) of the District of Columbia Official Code is amended as 80 
follows: 81 
(a) Sub-subparagraph (ix) is amended by striking the phrase “; or” and inserting a 82 
semicolon in its place.  83 
(b) Sub-subparagraph (x) is amended by striking the period and inserting the phrase “; or” 84 
in its place.  85 
(c) A new sub-subparagraph (xi) is added to read as follows: 86    	ENGROSSED ORIGINAL 
 
 
 
 
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  “(xi) who has been subjected to, or is in imminent danger of being 87 
subjected to, female genital mutilation pursuant to section 2(b) of the Female Genital Mutilation 88 
Prohibition Act of 2024, as approved by the Committee on the Judiciary and Public Safety on 89 
July 2, 2024 (Committee print of Bill 25-247).”. 90 
Sec. 4. Section 23-113(d) of the District of Columbia Official Code is amended by adding 91 
a new paragraph (6) to read as follows:  92 
 “(6) The period of limitation for an offense under section 2(b) of the Female 93 
Genital Mutilation Prohibition Act of 2024, as approved by the Committee on the Judiciary and 94 
Public Safety on July 2, 2024 (Committee print of Bill 25-247), shall not begin to run until the 95 
victim reaches 18 years of age.”. 96 
Sec. 5. Fiscal impact statement. 97 
The Council adopts the fiscal impact statement in the committee report as the fiscal 98 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 99 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 100 
Sec. 6. Effective date. 101 
 This act shall take effect following approval by the Mayor (or in the event of veto by the 102 
Mayor, action by the Council to override the veto), a 60-day period of congressional review as 103 
provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 104 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 105