Title 34 — Crime Control and Law Enforcement
Chapter 101 — Justice System Improvement
§ 10450. Costs for criminal charges and protection orders
Statutory text
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—
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
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—
the period ending on the date on which the next session of the State legislature ends; or
2 years after .
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.
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.
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. 1915Violence Against Women Act of 2000
Pub. L. 106–386 § 1101(b)(1)(A) · 114 Stat. 1464
Substituted · 34 U.S.C. § 10450
Pub. L. 106–386, § 1101(b)(1)(A), in section catchline, substituted “Costs” for “Filing costs”
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”;Violence Against Women Act of 2000
Pub. L. 106–386 § 1101(b)(1)(B)(i) · 114 Stat. 1464
Added · 34 U.S.C. § 10450(a)(1)
Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1)
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”; andViolence 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”; andViolence 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”.Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 title I § 101(5) · 127 Stat. 54
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”
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
- 1994Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), , 108 Stat. 1915
- 2000amended Pub. L. 106–386, div. B, title I, § 1101(b)(1), , 114 Stat. 1492
- 2002renumbered § 2011, Pub. L. 107–273, div. A, title IV, § 402(2), , 116 Stat. 1789
- 2004Pub. L. 108–405, title III, § 310(b), , 118 Stat. 2276
- 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.)