THE STATE OF COLORADO
A BILL FOR AN ACT CONCERNING FEMALE GENITAL MUTILATION
SENATE BILL 96-031

(STATUS: NOT PASSED)

Second Regular Session

Sixtieth General Assembly

LLS NO. 96-0388.01 JGG SENATE BILL 96-031

BY SENATORS Rupert and Thiebaut; also REPRESENTATIVE Lyle.

ENGROSSED Judiciary Bill Summary

 (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires the executive director of the department of public health and environment, or the executive director's designee, to carry out education, prevention, and outreach activities in communities that traditionally practice female genital mutilation. Authorizes the executive director to obtain private funds, grants, gifts, or donations for the outreach program and authorizes the expenditure of same.

Makes it a crime of child abuse for a person to circumcise, excise, or infibulate the genitalia of a female child or for a parent, guardian, or other person legally responsible for a female child to allow such mutilation of the child's genitalia. Specifies that consent to such conduct or belief hat the conduct is required as a matter of custom, ritual, or standard practice is not a defense. Establishes exceptions to such crime if the procedure is necessary for the health of the child or performed in connection with labor or the birth of an infant.

-------

 Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Title 25, Colorado Revised Statues, 1989. Repl. Vol. as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 30 Female Genital Mutilation Outreach

25-30-101. Legislative declaration. The general assembly declares it to be in the interest of public health, safety, and welfare to protect the female children of this state from the physical and psychological harm associated with female genital mutilation. The general assembly further finds and declares that, although the practice of female genital mutilation is an accepted practice in certain cultures, persons should be made aware of the nature, extent, and potential long-term physical, emotional, and psychological trauma that can result from such custom. Therefore, the general assembly declares that the protection of the public requires an outreach program to educate the public concerning the health risks associated with female genital mutilation.

25-30-102. Definitions. As used in this article, unless the context otherwise requires:

 (1) "Child" means a person who is under eighteen years of age. (2)" Female Genital Mutilation" means the circumcision, excision, or infibulation ,in whole or in part, of the labia majora, labia minora, or clitoris of a female child.

25-30-103. Female genital mutilation - education and outreach - female genital mutilation fund. (1) on or before July 1, 1997, the executive director of the department of public health and environment, or the executive director's designee, shall, subject to available moneys from grants, gifts, or donations received pursuant to this subsection

(1), carry out appropriate and culturally sensitive education, prevention, and outreach activities concerning female genital mutilation to inform people about the health risks associated with and the emotional and psychological trauma inflicted by those practices and to inform people and the medical community of the criminal penalties for such actions set forth in section 18-6-401, C.R.S. The executive director, or the executive director's designee, shall work with community-based groups to obtain private funds, grants, gifts, or donations to help finance these prevention and outreach activities. No general fund moneys shall be appropriated to the department of public health and environment for the implementation of this section.

(2)

 (a) The executive director of the department of public health and environment is authorized to accept on behalf of the state any funds, grants, gifts, or donations from any private of public source for the purpose of implementing this article and to expend moneys from the female genital mutilation fund created in paragraph (b) of this subsection (2) for any purpose consistent with the terms and conditions under which given: except that no grant or donation shall be accepted if the conditions attached to the grant or donation require the expenditure thereof in a manner contrary to law.

(b) All private and public funds received through grants, gifts, or donations for the female genital mutilation educational and outreach activities shall be transmitted to the state treasurer, who shall credit the same to the female genital mutilation fund, which fund is hereby created. The female genital mutilation fund shall be administered by the executive director of the department of public health and environment who may expend moneys in the fund for purposes of implementing and administering educational and outreach programs concerning female genital mutilation. All investment earnings derived from he deposit and investment in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

Section 2. 18-6-401.

(1)

 (a) A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

(b)

 (I) Except as otherwise provided in subparagraph (III) of this paragraph (b), a person commits child abuse if such person circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female child or if a parent, guardian, or other person legally responsible for a female child or charged with the care or custody of a female child allows the circumcision, excision, or infibulation, in whole or in part, of such child's labia majora, labia minora, or clitoris.

(II) Belief that the conduct described in subparagraph (I) of this paragraph (b) is required as a matter of custom, ritual, standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian shall not be a defense.

(III) A surgical procedure is not a crime pursuant to subparagraph (I) of this paragraph (b) if the procedure:

(A) Is necessary to preserve the health of the child on whom it is performed and it is performed by a medical physician licensed to practice medicine under article 36 of Title 12, C.R.S.; Or

(B) Is performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a medical physician licensed to practice medicine under article 36 of Title 12, C.R.S.

Section 3: No appropriation. The general assembly has determined that no appropriation of state moneys is necessary to carry out the purposes of section 1 of this act.

Section 4: Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.