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Second Regular Session
Sixty-first General Assembly
LLS NO. 980214.01 JJC
SENATE BILL 98041
STATE OF COLORADO
BY SENATOR Rupert;
also REPRESENTATIVE Tate.
A BILL FOR AN ACT
CONCERNING FEMALE GENITAL MUTILATION.
"Female Genital Mutilation"
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires the executive director of the department of public health and environment, or the executive director's designee, to carry out appropriate and culturally sensitive education, prevention, and outreach activities concerning female genital mutilation; to inform the general public about the health risks associated with and the emotional and psychological trauma inflicted by that practice; to educate the medical community about recommended standards of practice; and to inform the medical community and the general public of the criminal penalties for such action. Authorizes the executive director to obtain and expend private funds, grants, gifts, or donations for the outreach program. Creates the female genital mutilation fund for such grants, gifts, or donations.
Makes it a new crime of female genital mutilation
for a person to circumcise, excise, or infibulate the genitalia
of a female child, or for the parent, guardian, or other person
legally responsible for a female child to allow such mutilation
of the child's genitalia or to remove the child from the state
for the purpose of causing such mutilation. Specifies that consent
to such conduct or belief that 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. First offenses are class 2 misdemeanors,
while subsequent offenses or acts where the death of the female
child results are class 6 felonies.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:
2530101. 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 AND EXTENT OF THE POTENTIAL LONGTERM 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.
2530102. 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 CLITORIS, VULVA, LABIA MAJORA, OR LABIA MINORA OF A FEMALE CHILD.
2530103. Female genital mutilation education and outreach activities female genital mutilation fund. (1) ON OR BEFORE JULY 1, 1999, 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 SUBSECTION (2) OF THIS SECTION:
(a) CARRY OUT APPROPRIATE AND CULTURALLY SENSITIVE EDUCATION, PREVENTION, AND OUTREACH ACTIVITIES CONCERNING FEMALE GENITAL MUTILATION TO INFORM THE GENERAL PUBLIC ABOUT THE HEALTH RISKS ASSOCIATED WITH AND THE EMOTIONAL AND PSYCHOLOGICAL TRAUMA INFLICTED BY THAT PRACTICE;
(b) EDUCATE THE MEDICAL COMMUNITY REGARDING RECOMMENDED STANDARDS OF PRACTICE INVOLVING THE RECOGNITION AND TREATMENT OF FEMALE GENITAL MUTILATION; AND
(c) INFORM THE MEDICAL COMMUNITY AND THE GENERAL PUBLIC OF THE CRIMINAL PENALTIES FOR THE VIOLATION OF SECTION 186406, C.R.S.
(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 OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS ARTICLE; 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 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 MONEYS IN THE FEMALE GENITAL MUTILATION FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS ARTICLE. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MAY EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE FUND FOR PURPOSES OF IMPLEMENTING AND ADMINISTERING EDUCATIONAL AND OUTREACH PROGRAMS CONCERNING FEMALE GENITAL MUTILATION. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS 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. 186401 (1), Colorado Revised Statutes, is amended to read:
186401. Child abuse.
(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 which
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, VULVA, OR CLITORIS OF A FEMALE CHILD. A PARENT, GUARDIAN, OR OTHER PERSON LEGALLY RESPONSIBLE FOR A FEMALE CHILD OR CHARGED WITH THE CARE OR CUSTODY OF A FEMALE CHILD COMMITS CHILD ABUSE IF HE OR SHE ALLOWS THE CIRCUMCISION, EXCISION, OR INFIBULATION, IN WHOLE OR IN PART, OF SUCH CHILD'S LABIA MAJORA, LABIA MINORA, VULVA, OR CLITORIS.
(II) BELIEF THAT THE CONDUCT DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) IS REQUIRED AS A MATTER OF CUSTOM, RITUAL, OR 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 TO A CHARGE OF CHILD ABUSE UNDER THIS PARAGRAPH (b).
(III) A SURGICAL PROCEDURE THAT RESULTS IN CHILD ABUSE 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 IS PERFORMED BY A PERSON 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 PERSON LICENSED TO PRACTICE MEDICINE UNDER ARTICLE 36 OF TITLE 12, C.R.S. SECTION 3. Exception to the requirements of section 22703, Colorado Revised Statutes. The general assembly hereby finds that the addition to part 4 of article 6 of title 18, Colorado Revised Statutes, enacted in section 2 of this act may result in the minor fiscal impact of not more than one additional offender being convicted and sentenced to the department of corrections during the five years following passage of the act.
SECTION 4. Section 24-75-302(2)(k) is amended to read:
2475302. Capital construction fund capital assessment fees calculation. (2) As of July 1, 1988, and July 1 of each year thereafter through July 1, 2001, a sum as specified in this subsection (2) shall accrue to the capital construction fund. The state treasurer and the controller shall transfer such sum out of the general fund and into the capital construction fund as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (2) shall not be deemed to be appropriations subject to the limitations of section 2475201.1. The amount which shall accrue pursuant to this subsection (2) shall be as follows:
(k) On July 1, 1998, fifty million dollars plus three hundred sixteen thousand six hundred thirtyfive dollars pursuant to H.B. 971186, enacted at the first regular session of the sixtyfirst general assembly, PLUS SIXTY NINE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS PURSUANT TO S.B. 98-041, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY;
SECTION 5. Article 1 of title 17, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
17-1-122. Appropriation to comply with section 2-2-703. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT S.B. 98-041, ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FIRST GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED FROM THE CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION 17-1-116, C.R.S., THE SUM OF SIXTY NINE THOUSAND EIGHT HUNDRED ELEVEN DOLLARS ($69,811).
(b) FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).
(c) FOR THE FISCAL YEAR BEGINNING JULY 1, 2000, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).
(d) FOR THE FISCAL YEAR BEGINNING JULY 1, 2001, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).
(e) FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, IN ADDITION TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, OUT OF MONEYS IN THE GENERAL FUND NOT OTHERWISE APPROPRIATED, TO THE DEPARTMENT OF CORRECTIONS, THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS ($23,352).
SECTION 6. Effectivedate applicability. This act shall take effect upon passage and shall apply to offenses committed on or after said date.
SECTION 7. 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.