District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0247 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	___________
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12		-
13		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14		-
15		-	__________________
16		-
17		-
18		-	To prohibit female genital mutilation of any person, to require the Department of Health to
19		-	educate the public on existing mandatory reporting requirements related to female genital
20		-	mutilation, and to provide a civil action for female genital mutilation.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Female Genital Mutilation Prohibition Act of 2024”.
24		-
25		-	Sec. 2. Prohibition on female genital mutilation.
26		-	(a) For the purposes of this section, the term:
27		-	(1) “Female genital mutilation” means any procedure performed for non-medical
28		-	reasons that involves partial or total removal of, or other injury to, the external female genitalia,
29		-	including:
30		-	(A) A clitoridectomy or the partial or total removal of the clitoris, prepuce,
31		-	or clitoral hood;
32		-	(B) Excision or the partial or total removal (with or without excision of the
33		-	clitoris) of the labia minora;
34		-	(C) Infibulation or the narrowing of the vaginal opening (with or without
35		-	excision of the clitoris); or
36		-	(D) Other procedures that are harmful to the external female genitalia,
37		-	including pricking, piercing, incising, scraping, or cauterizing the genital area.
38		-	(2) “Guardian” shall have the same meaning as provided in D.C. Official Code §
39		-	21-2401.02(3).
40		-	(b) A person commits the offense of female genital mutilation if the person:
41		-	(1) Knowingly performs female genital mutilation on any person;
42		-	(2) Is a parent or guardian of, or has immediate custody or control of, a person
43		-	under the age of 18 and knowingly consents to, aids, permits, or otherwise facilitates female
44		-	genital mutilation of such person; or
45		-	(3) Knowingly removes or facilitates the removal of a person under the age of 18
46		-	from the District for the purpose of facilitating female genital mutilation of that person; ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-247 3
	11	+	4
	12	+	5
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
	14	+	7
	15	+	__________________ 8
	16	+	9
	17	+	10
	18	+	To prohibit female genital mutilation of any person, to require the Department of Health to 11
	19	+	educate the public on existing female genital mutilation mandated reporter reporting 12
	20	+	requirements, and to provide for a civil action for female genital mutilation. 13
	21	+	14
	22	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15
	23	+	act may be cited as the “Female Genital Mutilation Prohibition Act of 2024”. 16
	24	+	Sec. 2. Prohibition on female genital mutilation. 17
	25	+	(a) For the purposes of this act, the term: 18
	26	+	(1) “Female genital mutilation” means any procedure performed for non-medical 19
	27	+	reasons that involves partial or total removal of, or other injury to, the external female genitalia, 20
	28	+	including: 21
	29	+	(A) A clitoridectomy or the partial or total removal of the clitoris, prepuce, 22
	30	+	or clitoral hood; 23
	31	+	(B) Excision or the partial or total removal (with or without excision of the 24
	32	+	clitoris) of the labia minora; 25
	33	+	(C) Infibulation or the narrowing of the vaginal opening (with or without 26
	34	+	excision of the clitoris); or 27 ENGROSSED ORIGINAL
47	35
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53		-	provided, that the conduct constituting female genital mutilation constitutes a criminal offense in
54		-	the territory to which the person is removed.
55		-	(c) A person who violates subsection (b) of this section shall, upon conviction, be fined
56		-	no more than the amount set forth in section 101 of the Criminal Fine Proportionality
57		-	Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-
58		-	3571.01), or incarcerated for no more than 10 years, or both.
59		-	(d) It shall not be a defense under subsection (b) of this section that:
60		-	(1) The unlawful conduct is required as a matter of religion, custom, ritual, or
61		-	other standard practice; or
62		-	(2) The person on whom female genital mutilation was performed, or that
63		-	person’s parent or guardian, consented to the procedure.
64		-	(e) It shall not be a violation of subsection (b) of this section if the acts or conduct that
65		-	otherwise would be considered female genital mutilation:
66		-	(1) Occurred in the furtherance of a surgical or other lawful medical procedure,
67		-	performed by a licensed medical professional, and:
68		-	(A) The acts or conduct were necessary to preserve or protect the physical
69		-	health of the patient upon whom the medical procedure was performed; or
70		-	(B) The acts or conduct were part of a gender reassignment procedure
71		-	requested by the person on whom the surgery is to be performed; or
72		-	(2) In the case of a piercing, was conducted on a consenting adult by a body artist,
73		-	as that term is defined in D.C. Official Code § 47-2809.01(3).
74		-	(f)(1) A victim of female genital mutilation may bring a civil action against a person for a
75		-	violation of subsection (b) of this section.
76		-	(2) If a court determines that an individual violated subsection (b) of this section,
77		-	the court may award the payment of actual, compensatory, and punitive damages, and any other
78		-	appropriate relief.
79		-	(3) A prevailing plaintiff shall be awarded attorney’s fees and costs.
80		-	(g)(1) The Director of the Department of Health shall develop or obtain, and make
81		-	available to the public, informational materials on:
82		-	(A) The health risks caused by female genital mutilation, including the
83		-	emotional trauma inflicted;
84		-	(B) Recognizing the signs that an individual may be a victim of female
85		-	genital mutilation, or at risk of female genital mutilation; and
86		-	(C) How to report that an individual has been subjected to, or is in
87		-	imminent danger of being subjected to, female genital mutilation.
88		-	(2) The Director of the Department of Health, in coordination with other relevant
89		-	District agencies, shall develop and make available to the public informational materials, or
90		-	integrate information into existing publicly-available informational materials, on mandated
91		-	reporters’ obligation to report that a person under care or under the age of 18 known to him or ENROLLED ORIGINAL
	41	+	(D) Other procedures that are harmful to the external female genitalia, 28
	42	+	including pricking, piercing, incising, scraping, or cauterizing the genital area. 29
	43	+	(2) “Guardian” shall have the same meaning as provided in D.C. Official Code § 30
	44	+	21-2401.02(3). 31
	45	+	(b) A person commits the offense of female genital mutilation if they: 32
	46	+	(1) Knowingly performs female genital mutilation on any person; 33
	47	+	(2) Is a parent or guardian of, or has immediate custody or control of, a person 34
	48	+	under the age of 18 and knowingly consents to, aids, permits, or otherwise facilitates female 35
	49	+	genital mutilation of such person; or 36
	50	+	(3) Knowingly removes or facilitates the removal of a person under the age of 18 37
	51	+	from the District for the purpose of facilitating female genital mutilation of that person, provided 38
	52	+	that the conduct constituting female genital mutilation constitutes a criminal offense in the 39
	53	+	territory to which the person is removed. 40
	54	+	(c) Any person who violates subsection (b) of this section shall, upon conviction, be fined 41
	55	+	no more than the amount set forth in section 101 of the Criminal Fine Proportionality 42
	56	+	Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-43
	57	+	3571.01), or incarcerated for no more than 10 years, or both. 44
	58	+	(d) It shall not be a defense under subsection (b) of this section that: 45
	59	+	(1) The unlawful conduct is required as a matter of religion, custom, ritual, or 46
	60	+	other standard practice; or 47 ENGROSSED ORIGINAL
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98		-	her in his or her professional or official capacity has been subjected to, or is in imminent danger
99		-	of being subjected to, female genital mutilation.
100		-
101		-	Sec. 3. Section 16-2301(9)(A) of the District of Columbia Official Code is amended as
102		-	follows:
103		-	(a) Sub-subparagraph (ix) is amended by striking the phrase “; or” and inserting a
104		-	semicolon in its place.
105		-	(b) Sub-subparagraph (x) is amended by striking the period and inserting the phrase “; or”
106		-	in its place.
107		-	(c) A new sub-subparagraph (xi) is added to read as follows:
108		-	“(xi) who has been subjected to, or is in imminent danger of being
109		-	subjected to, female genital mutilation pursuant to section 2(b) of the Female Genital Mutilation
110		-	Prohibition Act of 2024, passed on 2nd reading on September 17, 2024 (Enrolled version of Bill
111		-	25-247).”.
112		-
113		-	Sec. 4. Section 23-113(d) of the District of Columbia Official Code is amended by adding
114		-	a new paragraph (6) to read as follows:
115		-	“(6) The period of limitation for an offense under section 2(b) of the Female
116		-	Genital Mutilation Prohibition Act of 2024, passed on 2nd reading on September 17, 2024
117		-	(Enrolled version of Bill 25-247), shall not begin to run until the victim reaches 18 years of
118		-	age.”.
119		-
120		-	Sec. 5. Fiscal impact statement.
121		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
122		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
123		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
124		-
125		-	Sec. 6. Effective date.
126		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
127		-	Mayor, action by the Council to override the veto) and a 60-day period of congressional review
128		-
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130		-
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135		-	ENROLLED ORIGINAL
	67	+	(2) The person on whom female genital mutilation was performed, or that 48
	68	+	person’s parent or guardian, consented to the procedure. 49
	69	+	(e) It shall not be a violation of subsection (b) of this section if the acts or conduct that 50
	70	+	otherwise would be considered female genital mutilation: 51
	71	+	(1) Occurred in the furtherance of a surgical or other lawful medical procedure, 52
	72	+	performed by a licensed medical professional, and: 53
	73	+	(A) The acts or conduct were necessary to preserve or protect the physical 54
	74	+	health of the patient upon whom the medical procedure was performed; or 55
	75	+	(B) The acts or conduct were part of a gender reassignment procedure 56
	76	+	requested by the person on whom the surgery is to be performed; or 57
	77	+	(2) In the case of a piercing, was conducted on a consenting adult by a body artist, 58
	78	+	as that term is defined in D.C. Official Code § 47-2809.01(3). 59
	79	+	(f)(1) A victim of female genital mutilation may bring a civil action against a person for a 60
	80	+	violation of subsection (b) of this section. 61
	81	+	(2) If a court determines that an individual violated subsection (b) of this section, 62
	82	+	the court may award the payment of actual, compensatory, and punitive damages, and any other 63
	83	+	appropriate relief. 64
	84	+	(3) A prevailing plaintiff shall be awarded attorney’s fees and costs. 65
	85	+	(g)(1) The Director of the Department of Health shall develop or obtain, and make 66
	86	+	available to the public, informational materials on: 67 ENGROSSED ORIGINAL
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142		-	as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
143		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)).
	93	+	(A) The health risks caused by female genital mutilation, including the 68
	94	+	emotional trauma inflicted; 69
	95	+	(B) Recognizing the signs that an individual may be a victim of female 70
	96	+	genital mutilation, or at risk of female genital mutilation; and 71
	97	+	(C) How to report that an individual has been subjected to, or is in 72
	98	+	imminent danger of being subjected to, female genital mutilation. 73
	99	+	(2) The Director of the Department of Health, in coordination with other relevant 74
	100	+	District agencies, shall develop and make available to the public informational materials, or 75
	101	+	integrate information into existing publicly-available informational materials, on mandated 76
	102	+	reporters’ obligation to report that a person under care or under the age of 18 known to him or 77
	103	+	her in his or her professional or official capacity has been subjected to, or is in imminent danger 78
	104	+	of being subjected to, female genital mutilation. 79
	105	+	Sec. 3. Section 16-2301(9)(A) of the District of Columbia Official Code is amended as 80
	106	+	follows: 81
	107	+	(a) Sub-subparagraph (ix) is amended by striking the phrase “; or” and inserting a 82
	108	+	semicolon in its place. 83
	109	+	(b) Sub-subparagraph (x) is amended by striking the period and inserting the phrase “; or” 84
	110	+	in its place. 85
	111	+	(c) A new sub-subparagraph (xi) is added to read as follows: 86 ENGROSSED ORIGINAL
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148		-	______________________________
149		-	Chairman
150		-	Council of the District of Columbia
	116	+	5
151	117
152		-
153		-
154		-
155		-	_________________________________
156		-	Mayor
157		-	District of Columbia
158		-
159		-
160		-
	118	+	“(xi) who has been subjected to, or is in imminent danger of being 87
	119	+	subjected to, female genital mutilation pursuant to section 2(b) of the Female Genital Mutilation 88
	120	+	Prohibition Act of 2024, as approved by the Committee on the Judiciary and Public Safety on 89
	121	+	July 2, 2024 (Committee print of Bill 25-247).”. 90
	122	+	Sec. 4. Section 23-113(d) of the District of Columbia Official Code is amended by adding 91
	123	+	a new paragraph (6) to read as follows: 92
	124	+	“(6) The period of limitation for an offense under section 2(b) of the Female 93
	125	+	Genital Mutilation Prohibition Act of 2024, as approved by the Committee on the Judiciary and 94
	126	+	Public Safety on July 2, 2024 (Committee print of Bill 25-247), shall not begin to run until the 95
	127	+	victim reaches 18 years of age.”. 96
	128	+	Sec. 5. Fiscal impact statement. 97
	129	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 98
	130	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 99
	131	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 100
	132	+	Sec. 6. Effective date. 101
	133	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 102
	134	+	Mayor, action by the Council to override the veto), a 60-day period of congressional review as 103
	135	+	provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 104
	136	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 105