MEASURE 50: Genital Mutilation Prohibition Act

Be it enacted by the San Francisco Board of Supervisors the Genital Mutilation Prohibition Act so that (a) boys, girls, intersex individuals, and nonconsenting adults may be protected from genital mutilation; (b) to increase the maximum punishment of offense to 14 years imprisonment in the County Jail, (c) to include assistance or facilitation of genital mutilation of children or nonconsenting adults as an offense, and (d) to prohibit persons in the County of San Francisco from arranging or facilitating genital mutilation of children and nonconsenting adults in other California Counties, other States, and in foreign countries.

"GENITAL MUTILATION" (a) Except as provided in subsection (b), whoever knowingly circumcises, excises, cuts, or mutilates the whole or any part of the labia majora, labia minora, clitoris, vulva, breasts, nipples, foreskin, glans, testicles, penis, ambiguous genitalia, hermaphroditic genitalia, or genital organs of another person who has not attained the age of 18 years or on any nonconsenting adult; whoever prematurely and forcibly retracts the penile or clitoral prepuce of another person who has not attained the age of 18 years or on any nonconsenting adult, except to the extent that the prepuce has already separated from the glans; whoever knowingly assists with or facilitates any of these acts; or whoever arranges, plans, aids, abets, counsels, facilitates, or procures a genital mutilation operation on another person outside the United States who has not attained the age of 18 years or on any nonconsenting adult shall be fined under this ordinance or imprisoned not more than 14 years, or both.

"(b) A surgical operation is not a violation of this section if the operation is (1) performed on a person who has not attained the age of 18 years and is necessary to the physical health of the person on whom it is performed because of a clear, compelling, and immediate medical need with no less-destructive alternative treatment available, and is performed by a person licensed in the place of its performance as a medical practitioner; (2) performed on an adult who is physically unable to give consent and there is a clear, compelling, and immediate medical need with no less-destructive alternative treatment available, and is performed by a person licensed in the place of its performance as a medical practitioner; or (3) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth because of a clear, compelling, and immediate medical need with no less-destructive alternative treatment available, and is performed by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

"(c) In applying subsection (b), no account shall be taken of the effect on the person on whom the operation is to be performed of any religious or other belief on the part of that or any other person that the operation is required as a matter of custom or ritual.

INFORMATION AND EDUCATION REGARDING GENITAL MUTILATION

A. The County of San Francisco’s Department of Health Services shall carry out the following activities:

(1) Compile data on the number of persons of all sexes living in the County of San Francisco who have been subjected to genital mutilation (whether in the United States or in their countries of origin), including a specification of the number of children under the age of 18 who have been subjected to such mutilation.

 (2) Identify communities within the County of San Francisco that practice genital mutilation, and design and carry out outreach activities to educate individuals in the communities on the physical and psychological effects of such practice. Such outreach activities shall be designed and implemented in collaboration with representatives of the ethnic groups practicing such mutilation and with representatives of organizations with expertise in preventing such practice.

 (3) Develop recommendations for the education of students of schools of medicine and osteopathic medicine regarding genital mutilation and complications arising from such mutilation, as well as complications arising from premature forcible retraction of the prepuce. Such recommendations shall be disseminated to such schools.

 (B) The Sheriff of the County of San Francisco shall carry out the following activities:

 (1) Seek to end the practice of genital mutilation within the State of California through the active cooperation and participation of the counties where genital mutilation takes place.

 (2) Steps to end the practice of genital mutilation shall include--

 (a) encouraging California counties to establish clear policies against genital mutilation and enforcing existing laws which prohibit it;

(b) assisting California counties in creating culturally appropriate outreach programs that include education and counseling about the dangers of genital mutilation to people of all ages; and

(c) ensuring that all appropriate programs in which the County of San Francisco participates include a component pertaining to genital mutilation, so as to ensure consistency across the spectrum of health and child related programs conducted in any California county in which genital mutilation is known to be a problem.

(C) DEFINITIONS. -- For purpose of this Act, the term "genital mutilation" means the removal or cutting (or both) of the whole or part of the clitoris, labia minora, labia majora, vulva, breasts, nipples, foreskin, glans, testicles, penis, ambiguous genitalia, hermaphroditic genitalia, or genital organs. The term "premature forcible retraction of the penile or clitoral prepuce" means forced retraction of the prepuce from the glans, except to the extent that the prepuce has already separated from the glans. The term "prepuce" means foreskin. The term "adult" means a person who has attained the age of 18 years. The term "nonconsenting" means not wishing to undergo genital mutilation.

EFFECTIVE DATE: This ordinance shall take effect immediately upon San Francisco County voters approval of Measure 50.