HB1739 (2018) Detail

Prohibiting female genital mutilation.


CHAPTER 354

HB 1739-FN - FINAL VERSION

 

04/12/2018   1278s

3May2018... 1790-EBA

2018 SESSION

18-2608

08/04

 

HOUSE BILL 1739-FN

 

AN ACT prohibiting female genital mutilation.

 

SPONSORS: Rep. V. Sullivan, Hills. 16; Rep. Testerman, Merr. 2; Rep. Fraser, Belk. 1; Rep. C. Rice, Merr. 27

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits female genital mutilation.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/12/2018   1278s

3May2018... 1790-EBA 18-2608

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting female genital mutilation.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

354:1  New Section; Female Genital Mutilation Prohibited.  Amend RSA 632-A by inserting after section 10-c the following new section:

632-A:10-d  Female Genital Mutilation.

I.  A person is guilty of a class A felony if:

(a)  The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.

(b)  The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor’s labia majora, labia minora, or clitoris.

(c)  The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.

II.  It shall not be a defense to prosecution for a violation of this section that the conduct described in paragraph I is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor’s parent or legal guardian, consented to the procedure.

III.  If the action described in paragraph I is performed by a licensed physician during a surgical procedure, it shall not be a violation of this section if:

(a)  The procedure is necessary to the physical health of the minor on whom it is performed; or

(b)  The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.

IV.  Any child subjected to conduct prohibited by paragraph I, but which is not justified pursuant to paragraph III, shall be considered an abused child pursuant to RSA 169-C:3, II.

354:2  Abused Child; Definition.  Amend RSA 169-C:3, II(d) to read as follows:

(d)  Physically injured by other than accidental means; or

(e)  Subjected to an act prohibited by RSA 632-A:10-d.

354:3  Abused Child; Definition.  Amend RSA 169-C:3, II(e) to read as follows:

(e)  Subjected, by any person, to human trafficking as defined in RSA 633:7; or

(f)  Subjected to an act prohibited by RSA 632-A:10-d.

354:4  Contingency.  If HB 1683-FN of the 2018 regular legislative session becomes law, section 3 of this act shall take effect and section 2 of this act shall not take effect.  If HB 1683-FN does not become law, section 2 of this act shall take effect and section 3 of this act shall not take effect.

354:5  Effective Date.  This act shall take effect January 1, 2019.

 

Approved: July 02, 2018

Effective Date: January 01, 2019

 

 

Links

HB1739 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Jan. 30, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote
March 20, 2018 Senate Hearing
April 12, 2018 Senate Floor Vote

Bill Text Revisions

HB1739 Revision: 4278 Date: July 3, 2018, 4:13 p.m.
HB1739 Revision: 3495 Date: May 8, 2018, 11:13 a.m.
HB1739 Revision: 3434 Date: April 12, 2018, 10:38 a.m.
HB1739 Revision: 2273 Date: Dec. 8, 2017, 9:45 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 21
Jan. 17, 2018 Public Hearing: 01/17/2018 01:20 PM LOB 204
Jan. 30, 2018 Executive Session: 01/30/2018 LOB 204
Feb. 7, 2018 Committee Report: Ought to Pass for 02/07/2018 (Vote 21-0; CC) HC 5 P. 6
Committee Report: Ought to Pass (Vote 21-0; CC)
Feb. 8, 2018 Ought to Pass: MA VV 02/08/2018 HJ 3 P. 3
Feb. 15, 2018 Introduced 02/15/2018 and Referred to Judiciary; SJ 5
March 20, 2018 Hearing: 03/20/2018, Room 100, SH, 10:15 am; SC 13
April 12, 2018 Committee Report: Ought to Pass with Amendment # 2018-1278s, 04/12/2018; Vote 5-0; CC; SC 16
April 12, 2018 Committee Amendment # 2018-1278s, AA, VV; 04/12/2018; SJ 12
April 12, 2018 Ought to Pass with Amendment 2018-1278s, MA, VV; OT3rdg; 04/12/2018; SJ 12
April 19, 2018 House Concurs with Senate Amendment 1278s (Rep. Welch): MA VV 04/19/2018 HJ 13 P. 1
May 3, 2018 Enrolled Bill Amendment # 2018-1790e Adopted, VV, (In recess of 05/03/2018); SJ 17
May 3, 2018 Enrolled Bill Amendment # 2018-1790e: AA VV 05/03/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
Signed by Governor Sununu 07/02/2018; Chapter 354; Eff. 01/01/2019