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Title 34 — Crime Control and Law Enforcement

Chapter 101 — Justice System Improvement

§ 10450. Costs for criminal charges and protection orders

Statutory text

(a)

In general

A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, or unit of local government—

(1)

certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, sexual assault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; or

(2)

gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of—

(A)

the period ending on the date on which the next session of the State legislature ends; or

(B)

2 years after .

(b)

Redistribution

Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.

(c)

Definition

In this section, the term “protection order” has the meaning given the term in section 2266 of title 18.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Omnibus Crime Control and Safe Streets Act of 1968

    Pub. L. 90–351 title I § 2011 · 82 Stat. 197

    Enacted · 34 U.S.C. § 10450

    Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1915

    Source evidence

    Code source credit
    Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1915

  2. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(b)(1)(A) · 114 Stat. 1464

    1. Substituted · 34 U.S.C. § 10450

      Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, substituted “Costs” for “Filing costs”

    2. Inserted · 34 U.S.C. § 10450

      Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, inserted “and protection orders” after “charges”

    Source evidence

    Code amendment note
    Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, substituted “Costs” for “Filing costs” and inserted “and protection orders” after “charges”.

    Enacted provision · exact public law section
    (A) in the heading, by striking “FILING” and inserting “AND PROTECTION ORDERS” after “CHARGES”;

  3. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(b)(1)(B)(i) · 114 Stat. 1464

    1. Added · 34 U.S.C. § 10450(a)(1)

      Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1)

    2. Struck · 34 U.S.C. § 10450(a)(1)

      Pub. L. 106–386, § 1101(b)(1)(B)(i), struck out former par. (1) which read as follows: “certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1) and struck out former par. (1) which read as follows: “certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or”.

    Enacted provision · exact public law section
    (i) by striking paragraph (1) and inserting the following: “(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction; or”; and

  4. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(b)(1)(B)(ii) · 114 Stat. 1464

    Substituted · 34 U.S.C. § 10450(a)(2)(B)

    Pub. L. 106–386, § 1101(b)(1)(B)(ii), substituted “2 years after October 28, 2000” for “2 years”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 106–386, § 1101(b)(1)(B)(ii), substituted “2 years after October 28, 2000” for “2 years”.

    Enacted provision · exact public law section
    (ii) in paragraph (2)(B), by striking “2 years” and inserting “2 years after the date of the enactment of the Violence Against Women Act of 2000”; and

  5. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(b)(1)(C) · 114 Stat. 1464

    Added · 34 U.S.C. § 10450(c)

    Pub. L. 106–386, § 1101(b)(1)(C), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–386, § 1101(b)(1)(C), added subsec. (c).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(c) Definition.— In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18, United States Code”.

  6. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 title I § 101(5) · 127 Stat. 54

    1. Inserted · 34 U.S.C. § 10450(a)(1)

      Pub. L. 113–4 inserted “modification, enforcement, dismissal, withdrawal” after “registration,” in two places and “, dating violence, sexual assault, or stalking” after “felony domestic violence”

    2. Substituted · 34 U.S.C. § 10450(a)(1)

      Pub. L. 113–4 substituted “victim of domestic violence, dating violence, sexual assault, or stalking” for “victim of domestic violence, stalking, or sexual assault”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–4 inserted “modification, enforcement, dismissal, withdrawal” after “registration,” in two places and “, dating violence, sexual assault, or stalking” after “felony domestic violence” and substituted “victim of domestic violence, dating violence, sexual assault, or stalking” for “victim of domestic violence, stalking, or sexual assault”.

    Enacted provision · exact public law section
    (5) in section 2011(a)(1) (42 U.S.C. 3796gg–5(a)(1))— (A) by inserting “modification, enforcement, dismissal, withdrawal” after “registration,” each place it appears; (B) by inserting “, dating violence, sexual assault, or stalking” after “felony domestic violence”; and (C) by striking “victim of domestic violence” and all that follows through “sexual assault” and inserting “victim of domestic violence, dating violence, sexual assault, or stalking”.

    Effective date note
    Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was formerly classified to section 3796gg–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments2000–2013 · 2 rounds

2013

Subsec. (a)(1). Pub. L. 113–4 inserted “modification, enforcement, dismissal, withdrawal” after “registration,” in two places and “, dating violence, sexual assault, or stalking” after “felony domestic violence” and substituted “victim of domestic violence, dating violence, sexual assault, or stalking” for “victim of domestic violence, stalking, or sexual assault”.

2000

Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, substituted “Costs” for “Filing costs” and inserted “and protection orders” after “charges”.

Subsec. (a)(1). Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1) and struck out former par. (1) which read as follows: “certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or”.

Subsec. (a)(2)(B). Pub. L. 106–386, § 1101(b)(1)(B)(ii), substituted “2 years after ” for “2 years”.

Subsec. (c). Pub. L. 106–386, § 1101(b)(1)(C), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following , see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

Credits

1994–2013 · 5 acts
  1. 1994Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), , 108 Stat. 1915
  2. 2000amended Pub. L. 106–386, div. B, title I, § 1101(b)(1), , 114 Stat. 1492
  3. 2002renumbered § 2011, Pub. L. 107–273, div. A, title IV, § 402(2), , 116 Stat. 1789
  4. 2004Pub. L. 108–405, title III, § 310(b), , 118 Stat. 2276
  5. 2013Pub. L. 113–4, title I, § 101(5), , 127 Stat. 69.
Show as published

(Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), , 108 Stat. 1915; amended Pub. L. 106–386, div. B, title I, § 1101(b)(1), , 114 Stat. 1492; renumbered § 2011, Pub. L. 107–273, div. A, title IV, § 402(2), , 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), , 118 Stat. 2276; Pub. L. 113–4, title I, § 101(5), , 127 Stat. 69.)

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