Title 34 — Crime Control and Law Enforcement
Chapter 101 — Justice System Improvement
§ 10461. Grants
Statutory text
Purpose
The purpose of this subchapter is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims.
Grant authority
The Attorney General may make grants to eligible grantees for the following purposes:
To implement offender accountability and homicide reduction programs and policies in police departments, including policies for protection order violations and enforcement of protection orders across State and tribal lines.
To develop policies, educational programs, protection order registries, data collection systems, and training in police departments to improve tracking of cases and classification of complaints involving domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking.
To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence, dating violence, sexual assault, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges.
To coordinate computer tracking systems and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts.
To strengthen legal advocacy and legal assistance programs and other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters.
To educate Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel in criminal and civil courts (including juvenile courts) about domestic violence, dating violence, sexual assault, and stalking and to improve judicial handling of such cases.
To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.
To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence 1 dating violence, sexual assault, and stalking against individuals 50 years of age or over, Deaf individuals, and individuals with disabilities (as defined in section 12102(2) of title 42).
To develop State, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of domestic violence, dating violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse.
To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from victim service providers, staff from population specific organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas.
To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals.
To develop, enhance, and maintain protection order registries.
To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols.
To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking.
To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8.
To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims.
To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners.
To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.
To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims, including victims among underserved populations (as defined in section 12291(a) of this title).
To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.
To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims.
To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by—
using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;
identifying and managing high-risk offenders; and
providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.
To develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5704 of title 25.
To compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 5705 of title 25.
To develop Statewide databases with information on where sexual assault nurse examiners are located.
To develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies. For purposes of this paragraph, a punitive program or policy is a program or policy that—
imposes a penalty on a victim of domestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the victim for law enforcement or emergency assistance; or
imposes a penalty on such a victim because of criminal activity at the property in which the victim resides.
Eligibility
Eligible grantees are—
States, Indian tribal governments 1 State and local courts (including juvenile courts), or units of local government that—
except for a court, certify that their laws or official policies—
encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders based on probable cause that an offense has been committed; and
encourage arrest of offenders who violate the terms of a valid and outstanding protection order;
except for a court, demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim;
certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense;
certify that their 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, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating 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, modification, enforcement, dismissal, 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;
certify that,2 their laws, policies, or practices will ensure that—
no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of, trial of, or sentencing for such an offense; and
the refusal of a victim to submit to an examination described in clause (i) shall not prevent the investigation of, trial of, or sentencing for the offense;
except for a court, not later than 3 years after the date on which an eligible grantee receives the first award under this subchapter after , certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located ensure that prosecutor’s 3 offices engage in planning, developing, and implementing—
training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;
policies that support a victim-centered approach, informed by such training; and
a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim; and
except for a court, certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located prohibits 4 the prosecution of a minor under the age of 18 with respect to prostitution; and
a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).
Speedy notice to victims
A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this subchapter unless the State or unit of local government—
certifies that it has a law, policy, or regulation that requires—
the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented and the defendant is in custody or has been served with the information or indictment;
as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and
follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or
gives the Attorney General assurances that its laws and regulations will be in compliance with 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.
Allotment for Indian tribes
In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 10452 of this title.
Applicability of subchapter
The requirements of this subchapter shall not apply to funds allocated for the program described in paragraph (1).
Allocation for tribal coalitions
Of the amounts appropriated for purposes of this subchapter for each fiscal year, not less than 5 percent shall be available for grants under section 10441 of this title.
Allocation for sexual assault
Of the amounts appropriated for purposes of this subchapter for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.
Footnotes
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 § 2101 · 82 Stat. 197
Enacted · 34 U.S.C. § 10461
Pub. L. 90–351, title I, § 2101, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1932
Source evidence
Code source credit
Pub. L. 90–351, title I, § 2101, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1932Violence Against Women Act of 2000
Pub. L. 106–386 § 1102(b)(1) · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(a)
Pub. L. 106–386, § 1102(b)(1), inserted “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–386, § 1102(b)(1), inserted “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”.Enacted provision · exact public law section
(1) in subsection (a), by inserting “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”;Violence Against Women Act of 2000
Pub. L. 106–386 § 1102(b)(2)(A) · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(b)
Pub. L. 106–386, § 1102(b)(2)(A), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–386, § 1102(b)(2)(A), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.Enacted provision · exact public law section
(A) by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”;Violence Against Women Act of 2000
Pub. L. 106–386 div. B title I · 114 Stat. 1464
Substituted · 34 U.S.C. § 10461(b)(2)
Pub. L. 106–386, §§ 1102(b)(2)(B), 1109(c)(1), substituted “policies, educational programs, and” for “policies and”
Inserted · 34 U.S.C. § 10461(b)(2)
Pub. L. 106–386, §§ 1102(b)(2)(B), 1109(c)(1), inserted “and dating violence” before period at end
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 106–386, §§ 1102(b)(2)(B), 1109(c)(1), substituted “policies, educational programs, and” for “policies and” and inserted “and dating violence” before period at end.Enacted provision · exact public law
TITLE I— STRENGTHENING LAW EN FORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS. (a) In General.— Part U of title I of the Omnibus Grime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended— (1) in the heading, by adding “AND ENFORCEMENT OF PROTECTION ORDERS” at the end; (2) in section 2101(b)— (A) in paragraph (6), by inserting “(including juvenile courts)” after “courts”; and (B) by adding at the end the following: “(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.”; and (3) in section 2102— (A) in subsection (b)— (i) in paragraph (1), by striking “and” at the end; (ii) in paragraph (2), by striking the period at the end and inserting including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);”; and (iii) by adding at the end the following; “(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and “(4) in applications describing plans to further the purposes stated in paragraph (4) or (7) of section 2101(b), will give priority to using the grant to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.”; and (B) by adding at the end the following: “(c) Dissemination of Information.— The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.”. (b) Protection Orders.— (1) Filing costs.— Section 2006 of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-5) is amended— (A) in the heading, by striking “FILING” and inserting “AND PROTECTION ORDERS” after “CHARGES”; (B) in subsection (a)— (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 (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 (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”. (2) Eligibility for grants to encourage arrest policies.— Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (A) in subsection (c), by striking paragraph (4) and inserting the following: “(4) certify that their 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”; and (B) by adding at the end the following: “(d) Definition.— In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18, United States Code.”. (3) Application for grants to encourage arrest policies.— Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(a)(1)(B)) is amended by inserting before the semicolon the following: “or, in the case of the condition set forth in subsection 2101(c)(4), the expiration of the 2-year period beginning on the date the of the enactment of the Violence Against Women Act of 2000”. (4) Registration for protection orders.— Section 2265 of title 18, United States Code, is amended by adding at the end the following: “(d) Notification and Registration.— “(1) Notification.— A State or Indian tribe according full faith and credit to an order by a court of another State or Indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State or tribal jurisdiction unless requested to do so by the party protected under such order. “(2) No prior registration or filing as prerequisite for enforcement.— Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State or tribal jurisdiction. “(e) Tribal Court Jurisdiction.— For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil con tempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.”. (c) Technical Amendment.— The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the item relating to part U, by adding “and Enforcement of Protection Orders” at the end. SEC. 1102. ROLE OF COURTS. (a) Courts as Eligible STOP Subgrantees.— Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— (1) in section 2001— (A) in subsection (a), by striking “Indian tribal governments,” and inserting “State and local courts (including juvenile courts), Indian tribal governments, tribal courts,”; and (B) in subsection (b)— (i) in paragraph (1), by inserting “, judges, other court personnel,” after ‘law enforcement officers”; (ii) in paragraph (2), by inserting judges, other court personnel,” after “law enforcement officers”; and (iii) in paragraph (3), by inserting “, court,” after “police”; and (2) in section 2002— (A) in subsection (a), by inserting “State and local courts (including juvenile courts),” after “States,” the second place it appears; (B) in subsection (c), by striking paragraph (3) and inserting the following: “(3) of the amount granted— “(A) not less than 25 percent shall be allocated to police and not less than 25 percent shall be allocated to prosecutors; “(B) not less than 30 percent shall be allocated to victim services; and “(C) not less than 5 percent shall be allocated for State and local courts (including juvenile courts); and”; and (C) in subsection (d)(1), by inserting “court,” after “law enforcement,”. (b) Eligible Grantees; Use of Grants for Education.— Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (1) in subsection (a), by inserting “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”; (2) in subsection (b)— (A) by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”; (B) in paragraph (2), by striking “policies and” and inserting “policies, educational programs, and”; (C) in paragraph (3), by inserting “parole and probation officers,” after “prosecutors,”; and (D) in paragraph (4), by inserting “parole and probation officers,” after “prosecutors,”; (3) in subsection (c), by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”; and (4) by adding at the end the following: “(e) Allotment for Indian Tribes.— Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments,”. SEC. 1103. REAUTHORIZATION OF STOP GRANTS. (a) Reauthorization.— Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (18) and inserting the following: “(18) There is authorized to be appropriated to carry out part T $185,000,000 for each of fiscal years 2001 through 2005.”. (b) Grant Purposes.— Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— (1) in section 2001— 42 USC 3796gg. (A) in subsection (b)— (i) in paragraph (5), by striking “racial, cultural, ethnic, and language minorities” and inserting “underserved populations”; (ii) in paragraph (6), by striking “and” at the end; (iii) in paragraph (7), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: “(8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; “(9) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;”; and (B) by adding at the end the following: “(c) State Coalition Grants.— “(1) Purpose.— The Attorney General shall award grants to each State domestic violence coalition and sexual assault coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities. “(2) Grants to state coalitions.— The Attorney General shall award grants to— “(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.); and “(B) each State sexual assault coalition, as determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.). “(3) Eligibility for other grants.— Receipt of an award under this subsection by each State domestic violence and sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b).”; (2) in section 2002(b)— (A) by redesignating paragraphs (2) and (3) as para graphs (5) and (6), respectively; (B) in paragraph (1), by striking “4 percent” and inserting “5 percent,” (C) in paragraph (5), as redesignated, by striking “$500,000” and inserting “$600,000”; and (D) by inserting after paragraph (1) the following: “(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to ⅕₄ of the total amount made available under this paragraph for each fiscal year; “(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to ⅕₄ of the total amount made available under this paragraph for each fiscal year; “(4) ⅕₄ shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country;”; (3) in section 2003, by striking paragraph (7) and inserting the following: “(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the State planning process in consultation with the Attorney General;”; and (4) in section 2004(b)(3), by inserting “, and the membership of persons served in any underserved population” before the semicolon. SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (19) and inserting the following: “(19) There is authorized to be appropriated to carry out part U $65,000,000 for each of fiscal years 2001 through 2005.”. SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS. Section 40295(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13971(c)) is amended— (1) by striking paragraph (1) and inserting the following: “(1) In general.— There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.”; and (2) by adding at the end the following: “(3) Allotment for Indian tribes.— Not less than 5 per cent of the total amount made available to carry out this section for each fiscal year shall be available for grants to Indian tribal governments.”. SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION. (a) Reauthorization.— Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032) is amended to read as follows: “SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. “There is authorized to be appropriated to carry out this subtitle $3,000,000 for each of fiscal years 2001 through 2005.”. (b) Technical Amendment.— Section 40602(a) of the Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting “and implement” after “improve”. SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES. (a) Interstate Domestic Violence.— Section 2261 of title 18, United States Code, is amended by striking subsection (a) and inserting the following: “(a) Offenses.— “(1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce or enters or leaves Indian country with the intent to kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing travel of victim.— A person who causes a spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b).”. (b) Interstate Stalking.— (1) In general.— Section 2261A of title 18, United States Code, is amended to read as follows: “§ 2261A. Interstate stalking “Whoever— “(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or “(2) with the intent— “(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or “(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to— “(i) that person; “(ii) a member of the immediate family (as defined in section 115) of that person; or “(iii) a spouse or intimate partner of that person, uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii), shall be punished as provided in section 2261(b).”. (2) Amendment of federal sentencing guidelines.— (A) In general.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this subsection. (B) Factors for consideration.— In carrying out subparagraph (A), the Commission shall consider— (i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light of the amendment made by this subsection; and (ii) whether any changes the Commission may make to the Federal Sentencing Guidelines pursuant to clause (i) should also be made with respect to offenses under chapter 110A of title 18, United States Code. (c) Interstate Violation of Protection Order.— Section 2262 of title 18, United States Code, is amended by striking sub section (a) and inserting the following: “(a) Offenses.— “(1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b). “(2) Causing travel of victim.— A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another per son, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).”. (d) Definitions.— Section 2266 of title 18, United States Code, is amended to read as follows: “§ 2266. Definitions “In this chapter: “(1) Bodily injury.— The term ‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. “(2) Course of conduct.— The term ‘course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. “(3) Enter or leave Indian country.— The term ‘enter or leave Indian country’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. “(4) Indian country.— The term ‘Indian country’ has the meaning stated in section 1151 of this title. “(5) Protection order.— The term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “(6) Serious bodily injury.— The term ‘serious bodily injury’ has the meaning stated in section 2119(2). “(7) Spouse or intimate partner.— The term ‘spouse or intimate partner’ includes— “(A) for purposes of— “(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and “(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and “(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. “(8) State.— The term ‘State’ includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. “(9) Travel in interstate or foreign commerce.— The term ‘travel in interstate or foreign commerce’ does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.”. SEC. 1108. SCHOOL AND CAMPUS SECURITY. (a) Grants To Reduce Violent Crimes Against Women on campus.— Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152) is amended— (1) in paragraphs (2), (6), (7), and (9) of subsection (b), by striking “and domestic violence” and inserting “domestic violence, and dating violence”; (2) in subsection (c)(2)(B), by striking “and domestic violence” and inserting “domestic violence and dating violence”; (3) in subsection (f)— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following: “(1) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”; (C) in paragraph (2) (as redesignated by subparagraph (A)), by inserting “, dating” after “domestic” each place the term appears; and (D) in paragraph (4) (as redesignated by subparagraph (A))—— (i) by inserting “or a public, nonprofit organization acting in a nongovernmental capacity” after “organization”; (ii) by inserting “, dating violence” after “assists domestic violence”; (iii) by striking “or domestic violence” and inserting “, domestic violence or dating violence”; and (iv) by inserting “dating violence,” before “stalking,”; and (4) in subsection (g), by striking “fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years” and inserting “each of fiscal years 2001 through 2005”. (b) Matching Grant Program For School Security.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part: “PART AA— MATCHING GRANT PROGRAM FOR SCHOOL SECURITY “SEC. 2701. PROGRAM AUTHORIZED. “(a) In General.— The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. “(b) Uses of Funds.— Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: “(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. “(2) Security assessments. “(3) Security training of personnel and students. “(4) Coordination with local law enforcement. “(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security. “(c) Preferential Consideration.— In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. “(d) Matching Funds.— “(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. “(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. “(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. “(e) Equitable Distribution.— In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. “(f) Administrative Costs.— The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this part for administrative costs. “SEC. 2702. APPLICATIONS. “(a) In General.— To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time, in such maimer, and accompanied by such information as the Attorney General may require. Each application shall— “(1) include a detailed explanation of— “(A) the intended uses of funds provided under the grant; and “(B) how the activities funded under the grant will meet the purpose of this part; and “(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are— “(A) consistent with a comprehensive approach to preventing school violence; and “(B) individualized to the needs of each school at which those improvements are to be made. “(b) Guidelines.— Not later than 90 days after the date of the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. “SEC. 2703. ANNUAL REPORT TO CONGRESS. “Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. “SEC. 2704. DEFINITIONS. “For purposes of this part— “(1) the term ‘school’ means a public elementary or secondary school; “(2) the term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and “(3) the term ‘Indian tribe’ has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). “SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $30,000,000 for each of fiscal years 2001 through 2003.”. SEC. 1109. DATING VIOLENCE. (a) Definitions.— (1) Section 2003.— Section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2) is amended— (A) in paragraph (8), by striking the period at the end and inserting and”; and (B) by adding at the end the following: “(9) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”. (2) Section 2105.— Section 2105 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–4) is amended— (A) in paragraph (1), by striking “and” at the end; (B) in paragraph (2), by striking the period at the end and inserting “, and”; and (C) by adding at the end the following: “(3) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”. (b) STOP Grants.— Section 2001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended— (1) in paragraph (1), by striking “sexual assault and domestic violence” and inserting “sexual assault, domestic violence, and dating violence”; and (2) in paragraph (5), by striking “sexual assault and domestic violence” and inserting “sexual assault, domestic violence, and dating violence”. (c) Grants To Encourage Arrest Policies.— Section 2101(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended— (1) in paragraph (2), by inserting “and dating violence” after “domestic violence”; and (2) in paragraph (5), by inserting “and dating violence” after “domestic violence”. (d) Rural Domestic Violence and Child Abuse Enforcement.— Section 40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is amended— (1) in paragraph (1), by inserting “and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))” after “domestic violence”; and (2) in paragraph (2), by inserting “and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))” after “domestic violence”.Violence Against Women Act of 2000
Pub. L. 106–386 § 1102(b)(2)(C) · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(b)(3); 34 U.S.C. § 10461(b)(4)
Pub. L. 106–386, § 1102(b)(2)(C), (D), inserted “parole and probation officers,” after “prosecutors,”
Source evidence
Code amendment note
Subsec. (b)(3), (4). Pub. L. 106–386, § 1102(b)(2)(C), (D), inserted “parole and probation officers,” after “prosecutors,”.Enacted provision · exact public law section
(C) in paragraph (3), by inserting “parole and probation officers,” after “prosecutors,”; andViolence Against Women Act of 2000
Pub. L. 106–386 div. B title I · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(b)(5)
Pub. L. 106–386, §§ 1109(c)(2), 1512(b), inserted “and dating violence, including strengthening assistance to such victims in immigration matters” before period at end
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 106–386, §§ 1109(c)(2), 1512(b), inserted “and dating violence, including strengthening assistance to such victims in immigration matters” before period at end.Enacted provision · exact public law
TITLE I— STRENGTHENING LAW EN FORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN SEC. 1101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS. (a) In General.— Part U of title I of the Omnibus Grime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended— (1) in the heading, by adding “AND ENFORCEMENT OF PROTECTION ORDERS” at the end; (2) in section 2101(b)— (A) in paragraph (6), by inserting “(including juvenile courts)” after “courts”; and (B) by adding at the end the following: “(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.”; and (3) in section 2102— (A) in subsection (b)— (i) in paragraph (1), by striking “and” at the end; (ii) in paragraph (2), by striking the period at the end and inserting including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);”; and (iii) by adding at the end the following; “(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and “(4) in applications describing plans to further the purposes stated in paragraph (4) or (7) of section 2101(b), will give priority to using the grant to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.”; and (B) by adding at the end the following: “(c) Dissemination of Information.— The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.”. (b) Protection Orders.— (1) Filing costs.— Section 2006 of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-5) is amended— (A) in the heading, by striking “FILING” and inserting “AND PROTECTION ORDERS” after “CHARGES”; (B) in subsection (a)— (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 (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 (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”. (2) Eligibility for grants to encourage arrest policies.— Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (A) in subsection (c), by striking paragraph (4) and inserting the following: “(4) certify that their 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”; and (B) by adding at the end the following: “(d) Definition.— In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18, United States Code.”. (3) Application for grants to encourage arrest policies.— Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(a)(1)(B)) is amended by inserting before the semicolon the following: “or, in the case of the condition set forth in subsection 2101(c)(4), the expiration of the 2-year period beginning on the date the of the enactment of the Violence Against Women Act of 2000”. (4) Registration for protection orders.— Section 2265 of title 18, United States Code, is amended by adding at the end the following: “(d) Notification and Registration.— “(1) Notification.— A State or Indian tribe according full faith and credit to an order by a court of another State or Indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State or tribal jurisdiction unless requested to do so by the party protected under such order. “(2) No prior registration or filing as prerequisite for enforcement.— Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State or tribal jurisdiction. “(e) Tribal Court Jurisdiction.— For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil con tempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.”. (c) Technical Amendment.— The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended in the item relating to part U, by adding “and Enforcement of Protection Orders” at the end. SEC. 1102. ROLE OF COURTS. (a) Courts as Eligible STOP Subgrantees.— Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— (1) in section 2001— (A) in subsection (a), by striking “Indian tribal governments,” and inserting “State and local courts (including juvenile courts), Indian tribal governments, tribal courts,”; and (B) in subsection (b)— (i) in paragraph (1), by inserting “, judges, other court personnel,” after ‘law enforcement officers”; (ii) in paragraph (2), by inserting judges, other court personnel,” after “law enforcement officers”; and (iii) in paragraph (3), by inserting “, court,” after “police”; and (2) in section 2002— (A) in subsection (a), by inserting “State and local courts (including juvenile courts),” after “States,” the second place it appears; (B) in subsection (c), by striking paragraph (3) and inserting the following: “(3) of the amount granted— “(A) not less than 25 percent shall be allocated to police and not less than 25 percent shall be allocated to prosecutors; “(B) not less than 30 percent shall be allocated to victim services; and “(C) not less than 5 percent shall be allocated for State and local courts (including juvenile courts); and”; and (C) in subsection (d)(1), by inserting “court,” after “law enforcement,”. (b) Eligible Grantees; Use of Grants for Education.— Section 2101 of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (1) in subsection (a), by inserting “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”; (2) in subsection (b)— (A) by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”; (B) in paragraph (2), by striking “policies and” and inserting “policies, educational programs, and”; (C) in paragraph (3), by inserting “parole and probation officers,” after “prosecutors,”; and (D) in paragraph (4), by inserting “parole and probation officers,” after “prosecutors,”; (3) in subsection (c), by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”; and (4) by adding at the end the following: “(e) Allotment for Indian Tribes.— Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments,”. SEC. 1103. REAUTHORIZATION OF STOP GRANTS. (a) Reauthorization.— Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (18) and inserting the following: “(18) There is authorized to be appropriated to carry out part T $185,000,000 for each of fiscal years 2001 through 2005.”. (b) Grant Purposes.— Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended— (1) in section 2001— 42 USC 3796gg. (A) in subsection (b)— (i) in paragraph (5), by striking “racial, cultural, ethnic, and language minorities” and inserting “underserved populations”; (ii) in paragraph (6), by striking “and” at the end; (iii) in paragraph (7), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: “(8) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, to coordinate the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence; “(9) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;”; and (B) by adding at the end the following: “(c) State Coalition Grants.— “(1) Purpose.— The Attorney General shall award grants to each State domestic violence coalition and sexual assault coalition for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities. “(2) Grants to state coalitions.— The Attorney General shall award grants to— “(A) each State domestic violence coalition, as determined by the Secretary of Health and Human Services through the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.); and “(B) each State sexual assault coalition, as determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. 280b et seq.). “(3) Eligibility for other grants.— Receipt of an award under this subsection by each State domestic violence and sexual assault coalition shall not preclude the coalition from receiving additional grants under this part to carry out the purposes described in subsection (b).”; (2) in section 2002(b)— (A) by redesignating paragraphs (2) and (3) as para graphs (5) and (6), respectively; (B) in paragraph (1), by striking “4 percent” and inserting “5 percent,” (C) in paragraph (5), as redesignated, by striking “$500,000” and inserting “$600,000”; and (D) by inserting after paragraph (1) the following: “(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to ⅕₄ of the total amount made available under this paragraph for each fiscal year; “(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 2001(c), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, and the coalition for the combined Territories of the United States, each receiving an amount equal to ⅕₄ of the total amount made available under this paragraph for each fiscal year; “(4) ⅕₄ shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country;”; (3) in section 2003, by striking paragraph (7) and inserting the following: “(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the State planning process in consultation with the Attorney General;”; and (4) in section 2004(b)(3), by inserting “, and the membership of persons served in any underserved population” before the semicolon. SEC. 1104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST POLICIES. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (19) and inserting the following: “(19) There is authorized to be appropriated to carry out part U $65,000,000 for each of fiscal years 2001 through 2005.”. SEC. 1105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT GRANTS. Section 40295(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13971(c)) is amended— (1) by striking paragraph (1) and inserting the following: “(1) In general.— There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.”; and (2) by adding at the end the following: “(3) Allotment for Indian tribes.— Not less than 5 per cent of the total amount made available to carry out this section for each fiscal year shall be available for grants to Indian tribal governments.”. SEC. 1106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION. (a) Reauthorization.— Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032) is amended to read as follows: “SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. “There is authorized to be appropriated to carry out this subtitle $3,000,000 for each of fiscal years 2001 through 2005.”. (b) Technical Amendment.— Section 40602(a) of the Violence Against Women Act of 1994 (42 U.S.C. 14031 note) is amended by inserting “and implement” after “improve”. SEC. 1107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING OFFENSES. (a) Interstate Domestic Violence.— Section 2261 of title 18, United States Code, is amended by striking subsection (a) and inserting the following: “(a) Offenses.— “(1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce or enters or leaves Indian country with the intent to kill, injure, harass, or intimidate a spouse or intimate partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b). “(2) Causing travel of victim.— A person who causes a spouse or intimate partner to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse or intimate partner, shall be punished as provided in subsection (b).”. (b) Interstate Stalking.— (1) In general.— Section 2261A of title 18, United States Code, is amended to read as follows: “§ 2261A. Interstate stalking “Whoever— “(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or “(2) with the intent— “(A) to kill or injure a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or “(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to— “(i) that person; “(ii) a member of the immediate family (as defined in section 115) of that person; or “(iii) a spouse or intimate partner of that person, uses the mail or any facility of interstate or foreign commerce to engage in a course of conduct that places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii), shall be punished as provided in section 2261(b).”. (2) Amendment of federal sentencing guidelines.— (A) In general.— Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to reflect the amendment made by this subsection. (B) Factors for consideration.— In carrying out subparagraph (A), the Commission shall consider— (i) whether the Federal Sentencing Guidelines relating to stalking offenses should be modified in light of the amendment made by this subsection; and (ii) whether any changes the Commission may make to the Federal Sentencing Guidelines pursuant to clause (i) should also be made with respect to offenses under chapter 110A of title 18, United States Code. (c) Interstate Violation of Protection Order.— Section 2262 of title 18, United States Code, is amended by striking sub section (a) and inserting the following: “(a) Offenses.— “(1) Travel or conduct of offender.— A person who travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b). “(2) Causing travel of victim.— A person who causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another per son, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).”. (d) Definitions.— Section 2266 of title 18, United States Code, is amended to read as follows: “§ 2266. Definitions “In this chapter: “(1) Bodily injury.— The term ‘bodily injury’ means any act, except one done in self-defense, that results in physical injury or sexual abuse. “(2) Course of conduct.— The term ‘course of conduct’ means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose. “(3) Enter or leave Indian country.— The term ‘enter or leave Indian country’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. “(4) Indian country.— The term ‘Indian country’ has the meaning stated in section 1151 of this title. “(5) Protection order.— The term ‘protection order’ includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. “(6) Serious bodily injury.— The term ‘serious bodily injury’ has the meaning stated in section 2119(2). “(7) Spouse or intimate partner.— The term ‘spouse or intimate partner’ includes— “(A) for purposes of— “(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and “(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and “(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides. “(8) State.— The term ‘State’ includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. “(9) Travel in interstate or foreign commerce.— The term ‘travel in interstate or foreign commerce’ does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.”. SEC. 1108. SCHOOL AND CAMPUS SECURITY. (a) Grants To Reduce Violent Crimes Against Women on campus.— Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 1152) is amended— (1) in paragraphs (2), (6), (7), and (9) of subsection (b), by striking “and domestic violence” and inserting “domestic violence, and dating violence”; (2) in subsection (c)(2)(B), by striking “and domestic violence” and inserting “domestic violence and dating violence”; (3) in subsection (f)— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following: “(1) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”; (C) in paragraph (2) (as redesignated by subparagraph (A)), by inserting “, dating” after “domestic” each place the term appears; and (D) in paragraph (4) (as redesignated by subparagraph (A))—— (i) by inserting “or a public, nonprofit organization acting in a nongovernmental capacity” after “organization”; (ii) by inserting “, dating violence” after “assists domestic violence”; (iii) by striking “or domestic violence” and inserting “, domestic violence or dating violence”; and (iv) by inserting “dating violence,” before “stalking,”; and (4) in subsection (g), by striking “fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years” and inserting “each of fiscal years 2001 through 2005”. (b) Matching Grant Program For School Security.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after part Z the following new part: “PART AA— MATCHING GRANT PROGRAM FOR SCHOOL SECURITY “SEC. 2701. PROGRAM AUTHORIZED. “(a) In General.— The Attorney General is authorized to make grants to States, units of local government, and Indian tribes to provide improved security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds. “(b) Uses of Funds.— Grants awarded under this section shall be distributed directly to the State, unit of local government, or Indian tribe, and shall be used to improve security at schools and on school grounds in the jurisdiction of the grantee through one or more of the following: “(1) Placement and use of metal detectors, locks, lighting, and other deterrent measures. “(2) Security assessments. “(3) Security training of personnel and students. “(4) Coordination with local law enforcement. “(5) Any other measure that, in the determination of the Attorney General, may provide a significant improvement in security. “(c) Preferential Consideration.— In awarding grants under this part, the Attorney General shall give preferential consideration, if feasible, to an application from a jurisdiction that has a demonstrated need for improved security, has a demonstrated need for financial assistance, and has evidenced the ability to make the improvements for which the grant amounts are sought. “(d) Matching Funds.— “(1) The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. “(2) Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. “(3) The Attorney General may provide, in the guidelines implementing this section, for the requirement of paragraph (1) to be waived or altered in the case of a recipient with a financial need for such a waiver or alteration. “(e) Equitable Distribution.— In awarding grants under this part, the Attorney General shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. “(f) Administrative Costs.— The Attorney General may reserve not more than 2 percent from amounts appropriated to carry out this part for administrative costs. “SEC. 2702. APPLICATIONS. “(a) In General.— To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time, in such maimer, and accompanied by such information as the Attorney General may require. Each application shall— “(1) include a detailed explanation of— “(A) the intended uses of funds provided under the grant; and “(B) how the activities funded under the grant will meet the purpose of this part; and “(2) be accompanied by an assurance that the application was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded under the grant are— “(A) consistent with a comprehensive approach to preventing school violence; and “(B) individualized to the needs of each school at which those improvements are to be made. “(b) Guidelines.— Not later than 90 days after the date of the enactment of this part, the Attorney General shall promulgate guidelines to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. “SEC. 2703. ANNUAL REPORT TO CONGRESS. “Not later than November 30th of each year, the Attorney General shall submit a report to the Congress regarding the activities carried out under this part. Each such report shall include, for the preceding fiscal year, the number of grants funded under this part, the amount of funds provided under those grants, and the activities for which those funds were used. “SEC. 2704. DEFINITIONS. “For purposes of this part— “(1) the term ‘school’ means a public elementary or secondary school; “(2) the term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; and “(3) the term ‘Indian tribe’ has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). “SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $30,000,000 for each of fiscal years 2001 through 2003.”. SEC. 1109. DATING VIOLENCE. (a) Definitions.— (1) Section 2003.— Section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2) is amended— (A) in paragraph (8), by striking the period at the end and inserting and”; and (B) by adding at the end the following: “(9) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”. (2) Section 2105.— Section 2105 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–4) is amended— (A) in paragraph (1), by striking “and” at the end; (B) in paragraph (2), by striking the period at the end and inserting “, and”; and (C) by adding at the end the following: “(3) the term ‘dating violence’ means violence committed by a person— “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and “(B) where the existence of such a relationship shall be determined based on a consideration of the following factors: “(i) the length of the relationship; “(ii) the type of relationship; and “(iii) the frequency of interaction between the per sons involved in the relationship.”. (b) STOP Grants.— Section 2001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended— (1) in paragraph (1), by striking “sexual assault and domestic violence” and inserting “sexual assault, domestic violence, and dating violence”; and (2) in paragraph (5), by striking “sexual assault and domestic violence” and inserting “sexual assault, domestic violence, and dating violence”. (c) Grants To Encourage Arrest Policies.— Section 2101(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended— (1) in paragraph (2), by inserting “and dating violence” after “domestic violence”; and (2) in paragraph (5), by inserting “and dating violence” after “domestic violence”. (d) Rural Domestic Violence and Child Abuse Enforcement.— Section 40295(a) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(a)) is amended— (1) in paragraph (1), by inserting “and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))” after “domestic violence”; and (2) in paragraph (2), by inserting “and dating violence (as defined in section 2003 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2))” after “domestic violence”.Violence Against Women Act of 2000
Pub. L. 106–386 § 1101(a)(2)(A) · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(b)(6)
Pub. L. 106–386, § 1101(a)(2)(A), inserted “(including juvenile courts)” after “courts”
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 106–386, § 1101(a)(2)(A), inserted “(including juvenile courts)” after “courts”.Enacted provision · exact public law section
(A) in paragraph (6), by inserting “(including juvenile courts)” after “courts”; andViolence Against Women Act of 2000
Pub. L. 106–386 § 1101(a)(2)(B) · 114 Stat. 1464
Added · 34 U.S.C. § 10461(b)(7)
Pub. L. 106–386, § 1101(a)(2)(B), added par. (7)
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 106–386, § 1101(a)(2)(B), added par. (7).Enacted provision · exact public law section
(B) by adding at the end the following: “(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.”; andViolence Against Women Act of 2000
Pub. L. 106–386 § 1209(b) · 114 Stat. 1464
Added · 34 U.S.C. § 10461(b)(8)
Pub. L. 106–386, § 1209(b), added par. (8)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 106–386, § 1209(b), added par. (8).Enacted provision · exact public law section
(b) Protections for Older and Disabled Individuals From Domestic Violence and Sexual Assault in Pro-Arrest Grants.— Section 2101(b) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 42 USC 3796hh. is amended by adding at the end the following: “(8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and individuals with disabilities (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2))).”.Violence Against Women Act of 2000
Pub. L. 106–386 § 1102(b)(3) · 114 Stat. 1464
Inserted · 34 U.S.C. § 10461(c)
Pub. L. 106–386, § 1102(b)(3), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–386, § 1102(b)(3), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.Enacted provision · exact public law section
(3) in subsection (c), by inserting “State and local courts (including juvenile courts),” after “Indian tribal governments”; andViolence Against Women Act of 2000
Pub. L. 106–386 § 1101(b)(2)(A) · 114 Stat. 1464
Added · 34 U.S.C. § 10461(c)(4)
Pub. L. 106–386, § 1101(b)(2)(A), added par. (4)
Struck · 34 U.S.C. § 10461(c)(4)
Pub. L. 106–386, § 1101(b)(2)(A), struck out former par. (4) which read as follows: “certify that their laws, policies, or 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 or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.”
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 106–386, § 1101(b)(2)(A), added par. (4) and struck out former par. (4) which read as follows: “certify that their laws, policies, or 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 or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.”Enacted provision · exact public law section
(A) in subsection (c), by striking paragraph (4) and inserting the following: “(4) certify that their 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”; andViolence Against Women Act of 2000
Pub. L. 106–386 § 1101(b)(2)(B) · 114 Stat. 1464
Added · 34 U.S.C. § 10461(d)
Pub. L. 106–386, § 1101(b)(2)(B), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–386, § 1101(b)(2)(B), added subsec. (d).Enacted provision · exact public law section
(B) by adding at the end the following: “(d) 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 Act of 2000
Pub. L. 106–386 § 1102(b)(4) · 114 Stat. 1464
Added · 34 U.S.C. § 10461(e)
Pub. L. 106–386, § 1102(b)(4), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–386, § 1102(b)(4), added subsec. (e).Enacted provision · exact public law section
(4) by adding at the end the following: “(e) Allotment for Indian Tribes.— Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments,”.Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(1) · 119 Stat. 2960
Substituted · 34 U.S.C. § 10461(a)
Pub. L. 109–162, § 102(b)(1), substituted “to treat domestic violence, dating violence, sexual assault, and stalking as serious violations” for “to treat domestic violence as a serious violation”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–162, § 102(b)(1), substituted “to treat domestic violence, dating violence, sexual assault, and stalking as serious violations” for “to treat domestic violence as a serious violation”.Enacted provision · exact public law section
(1) in subsection (a), by striking “to treat domestic violence as a serious violation” and inserting “to treat domestic violence, dating violence, sexual assault, and stalking as serious violations”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(A) · 119 Stat. 2960
Inserted · 34 U.S.C. § 10461(b)
Pub. L. 109–162, § 102(b)(2)(A), inserted “, tribal, territorial,” after “State” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–162, § 102(b)(2)(A), inserted “, tribal, territorial,” after “State” in introductory provisions.Enacted provision · exact public law section
(A) in the matter before paragraph (1), by inserting after “State” the following: “, tribal, territorial,”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(B) · 119 Stat. 2960
Struck · 34 U.S.C. § 10461(b)(1)
Pub. L. 109–162, § 102(b)(2)(B), struck out “mandatory arrest or” after “implement” and “mandatory arrest programs and” after “including”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–162, § 102(b)(2)(B), struck out “mandatory arrest or” after “implement” and “mandatory arrest programs and” after “including”.Enacted provision · exact public law section
(B) in paragraph (1), by— (i) striking “mandatory arrest or”; and (ii) striking “mandatory arrest programs and”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(C) · 119 Stat. 2960
Inserted · 34 U.S.C. § 10461(b)(2)
Pub. L. 109–162, § 102(b)(2)(C), inserted “protection order registries,” after “educational programs,”
Substituted · 34 U.S.C. § 10461(b)(2)
Pub. L. 109–162, § 102(b)(2)(C), substituted “domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 109–162, § 102(b)(2)(C), inserted “protection order registries,” after “educational programs,” and substituted “domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”.Enacted provision · exact public law section
(C) in paragraph (2), by— (i) inserting after “educational programs,” the following: “protection order registries,”; (ii) striking “domestic violence and dating violence” and inserting “domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(D) · 119 Stat. 2960
Substituted · 34 U.S.C. § 10461(b)(3)
Pub. L. 109–162, § 102(b)(2)(D), substituted “domestic violence, dating violence, sexual assault, and stalking cases” for “domestic violence cases”
Substituted · 34 U.S.C. § 10461(b)(3)
Pub. L. 109–162, § 102(b)(2)(D), substituted “teams” for “groups”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 109–162, § 102(b)(2)(D), substituted “domestic violence, dating violence, sexual assault, and stalking cases” for “domestic violence cases” and “teams” for “groups”.Enacted provision · exact public law section
(D) in paragraph (3), by— (i) striking “domestic violence cases” and inserting “domestic violence, dating violence, sexual assault, and stalking cases”; and (ii) striking “groups” and inserting “teams”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(E) · 119 Stat. 2960
Substituted · 34 U.S.C. § 10461(b)(5)
Pub. L. 109–162, § 102(b)(2)(E), substituted “domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 109–162, § 102(b)(2)(E), substituted “domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”.Enacted provision · exact public law section
(E) in paragraph (5), by striking “domestic violence and dating violence” and inserting “domestic violence, dating violence, sexual assault, and stalking”;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(F) · 119 Stat. 2960
Substituted · 34 U.S.C. § 10461(b)(6)
Pub. L. 109–162, § 102(b)(2)(F), substituted “civil” for “other”
Inserted · 34 U.S.C. § 10461(b)(6)
Pub. L. 109–162, § 102(b)(2)(F), inserted “, dating violence, sexual assault, and stalking” after “domestic violence”
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 109–162, § 102(b)(2)(F), substituted “civil” for “other” and inserted “, dating violence, sexual assault, and stalking” after “domestic violence”.Enacted provision · exact public law section
(F) in paragraph (6), by— (i) striking “other” and inserting “civil”; and (ii) inserting after “domestic violence” the following: “, dating violence, sexual assault, and stalking”; andViolence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(2)(G) · 119 Stat. 2960
Added · 34 U.S.C. § 10461(b)(9)(13)
Pub. L. 109–162, § 102(b)(2)(G), added pars. (9) to (13)
Source evidence
Code amendment note
Subsec. (b)(9) to (13). Pub. L. 109–162, § 102(b)(2)(G), added pars. (9) to (13).Enacted provision · exact public law section
(G) by adding at the end the following: “(9) To develop State, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of domestic violence, dating violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse. “(10) To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from non-profit, non-governmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas. “(11) To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals. “(12) To develop, enhance, and maintain protection order registries. “(13) HIV. To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols.” ;Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(3) · 119 Stat. 2960
Added · 34 U.S.C. § 10461(c)(5)
Pub. L. 109–162, § 102(b)(3), added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 109–162, § 102(b)(3), added par. (5).Enacted provision · exact public law section
(3) in subsection (c)— (A) in paragraph (3), by striking “and” after the semicolon; (B) in paragraph (4), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(5) Certification. Deadline. certify that, not later than 3 years after the date of enactment of this section, their laws, policies, or practices will ensure that— “(A) no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense; and “(B) the refusal of a victim to submit to an examination described in subparagraph (A) shall not prevent the investigation of the offense.” ; andViolence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(4) · 119 Stat. 2960
Added · 34 U.S.C. § 10461(d)
Pub. L. 109–162, § 102(b)(4), added subsec. (d)
Struck · 34 U.S.C. § 10461(d)
Pub. L. 109–162, § 102(b)(4), struck out heading and text of former subsec. (d). Text read as follows: “In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–162, § 102(b)(4), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18.”Enacted provision · exact public law section
(4) by striking subsections (d) and (e) and inserting the following: “(d) Speedy Notice to Victims.— A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this part unless the State or unit of local government— “(1) Certification. certifies that it has a law or regulation that requires— “(A) HIV. Deadline. the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented; “(B) as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and “(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or “(2) Deadline. gives the Attorney General assurances that it laws and regulations will be in compliance with 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. “(e) Allotment for Indian Tribes.— Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.” .Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 906(c) · 119 Stat. 2960
Added · 34 U.S.C. § 10461(e)
Pub. L. 109–162, § 906(c), added subsec. (e)
Struck · 34 U.S.C. § 10461(e)
Pub. L. 109–162, § 906(c), struck out former subsec. (e). Prior to amendment, text read as follows: “Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–162, § 906(c), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”Enacted provision · exact public law section
(c) Authorization of Funds From Grants To Encourage State Policies and Enforcement of Protection Orders Program.— Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended by striking subsection (e) and inserting the following: “(e) Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized in section 2007. The requirements of this part shall not apply to funds allocated for such program.” .Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 § 102(b)(4) · 119 Stat. 2960
Added · 34 U.S.C. § 10461(e)
Pub. L. 109–162, § 102(b)(4), added subsec. (e)
Struck · 34 U.S.C. § 10461(e)
Pub. L. 109–162, § 102(b)(4), struck out heading and text of former subsec. (e). Text read as follows: “Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–162, § 102(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”Enacted provision · exact public law section
(4) by striking subsections (d) and (e) and inserting the following: “(d) Speedy Notice to Victims.— A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this part unless the State or unit of local government— “(1) Certification. certifies that it has a law or regulation that requires— “(A) HIV. Deadline. the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented; “(B) as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and “(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or “(2) Deadline. gives the Attorney General assurances that it laws and regulations will be in compliance with 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. “(e) Allotment for Indian Tribes.— Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.” .Pub. L. 109–271 § 7(a)(5) · 120 Stat. 750
Added · 34 U.S.C. § 10461(e)
Pub. L. 109–271 added subsec. (e)
Struck · 34 U.S.C. § 10461(e)
Pub. L. 109–271 struck out former subsec. (e) which read as follows: “Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this subchapter shall not apply to funds allocated for such program.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–271 added subsec. (e) and struck out former subsec. (e) which read as follows: “Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this subchapter shall not apply to funds allocated for such program.”Enacted provision · exact public law section
(5) Grants to encourage arrest policies and enforcement of protection orders.— Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended by striking subsection (e) and inserting the following: “(e) Allotment for Indian Tribes.— “(1) In general.— Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 2015. “(2) Applicability of part.— The requirements of this part shall not apply to funds allocated for the program described in paragraph (1).” .Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(i) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(b)
Pub. L. 113–4, § 102(a)(1)(A)(i), in introductory provisions, substituted “grantees” for “States, Indian tribal governments State, tribal, territorial, and local courts (including juvenile courts),, or units of local government”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–4, § 102(a)(1)(A)(i), in introductory provisions, substituted “grantees” for “States, Indian tribal governments State, tribal, territorial, and local courts (including juvenile courts),, or units of local government”.Enacted provision · exact public law section
(i) in the matter preceding paragraph (1), by striking “States,” and all that follows through “units of local government” and inserting “grantees”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(ii) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(b)(1)
Pub. L. 113–4, § 102(a)(1)(A)(ii), inserted “and enforcement of protection orders across State and tribal lines” before period at end
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 113–4, § 102(a)(1)(A)(ii), inserted “and enforcement of protection orders across State and tribal lines” before period at end.Enacted provision · exact public law section
(ii) in paragraph (1), by inserting “and enforcement of protection orders across State and tribal lines” before the period;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(iii) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(b)(2)
Pub. L. 113–4, § 102(a)(1)(A)(iii), substituted “data collection systems, and training in police departments to improve tracking of cases and classification of complaints” for “and training in police departments to improve tracking of cases”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 113–4, § 102(a)(1)(A)(iii), substituted “data collection systems, and training in police departments to improve tracking of cases and classification of complaints” for “and training in police departments to improve tracking of cases”.Enacted provision · exact public law section
(iii) in paragraph (2), by striking “and training in police departments to improve tracking of cases” and inserting “data collection systems, and training in police departments to improve tracking of cases and classification of complaints”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(iv) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(b)(4)
Pub. L. 113–4, § 102(a)(1)(A)(iv), inserted “and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking” after “computer tracking systems”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 113–4, § 102(a)(1)(A)(iv), inserted “and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking” after “computer tracking systems”.Enacted provision · exact public law section
(iv) in paragraph (4), by inserting “and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking” after “computer tracking systems”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(v) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(b)(5)
Pub. L. 113–4, § 102(a)(1)(A)(v), inserted “and other victim services” after “legal advocacy service programs”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 113–4, § 102(a)(1)(A)(v), inserted “and other victim services” after “legal advocacy service programs”.Enacted provision · exact public law section
(v) in paragraph (5), by inserting “and other victim services” after “legal advocacy service programs”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(vi) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(b)(6)
Pub. L. 113–4, § 102(a)(1)(A)(vi), substituted “Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel” for “judges”
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 113–4, § 102(a)(1)(A)(vi), substituted “Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel” for “judges”.Enacted provision · exact public law section
(vi) in paragraph (6), by striking “judges” and inserting “Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(vii) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(b)(8)
Pub. L. 113–4, § 102(a)(1)(A)(vii), substituted “dating violence, sexual assault, and stalking” for “and sexual assault”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 113–4, § 102(a)(1)(A)(vii), substituted “dating violence, sexual assault, and stalking” for “and sexual assault”.Enacted provision · exact public law section
(vii) in paragraph (8), by striking “and sexual assault” and inserting “dating violence, sexual assault, and stalking”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(viii) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(b)(10)
Pub. L. 113–4, § 102(a)(1)(A)(viii), substituted “victim service providers, staff from population specific organizations,” for “non-profit, non-governmental victim services organizations,”
Source evidence
Code amendment note
Subsec. (b)(10). Pub. L. 113–4, § 102(a)(1)(A)(viii), substituted “victim service providers, staff from population specific organizations,” for “non-profit, non-governmental victim services organizations,”.Enacted provision · exact public law section
(viii) in paragraph (10), by striking “non-profit, non-governmental victim services organizations,” and inserting “victim service providers, staff from population specific organizations,”; andViolence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(A)(ix) · 127 Stat. 54
Added · 34 U.S.C. § 10461(b)(14)(22)
Pub. L. 113–4, § 102(a)(1)(A)(ix), added pars. (14) to (22)
Source evidence
Code amendment note
Subsec. (b)(14) to (22). Pub. L. 113–4, § 102(a)(1)(A)(ix), added pars. (14) to (22).Enacted provision · exact public law section
(ix) by adding at the end the following: “(14) To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking. “(15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). “(16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims. “(17) To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners. “(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault. “(19) To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims. “(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault. “(21) To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims. “(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by— “(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services; “(B) identifying and managing high-risk offenders; and “(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.” ;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(vi) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(c)
Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), substituted “grantees are—” for “grantees are”
Inserted · 34 U.S.C. § 10461(c)
Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), inserted par. (1) designation before “States”
Struck · 34 U.S.C. § 10461(c)
Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), struck out second comma after “(including juvenile courts)”
Redesignated · 34 U.S.C. § 10461(c)
Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), substituted “grantees are—” for “grantees are”, inserted par. (1) designation before “States”, struck out second comma after “(including juvenile courts)”, and redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1).Enacted provision · exact public law section
(vi) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(i) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(c)(1)
Pub. L. 113–4, § 102(a)(1)(B)(i), inserted “except for a court,” before “certify” in introductory provisions
Redesignated · 34 U.S.C. § 10461(c)(1)
Pub. L. 113–4, § 102(a)(1)(B)(i), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 113–4, § 102(a)(1)(B)(i), inserted “except for a court,” before “certify” in introductory provisions and redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively.Enacted provision · exact public law section
(i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting “except for a court,” before “certify”; and (II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(viii) · 127 Stat. 54
Redesignated · 34 U.S.C. § 10461(c)(2)
Pub. L. 113–4, § 102(a)(1)(B)(viii), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 113–4, § 102(a)(1)(B)(viii), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1).Enacted provision · exact public law section
(viii) by adding at the end the following: “(2) a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).” ;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(ii) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(c)(2)
Pub. L. 113–4, § 102(a)(1)(B)(ii), inserted “except for a court,” before “demonstrate”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–4, § 102(a)(1)(B)(ii), inserted “except for a court,” before “demonstrate”.Enacted provision · exact public law section
(ii) in paragraph (2), by inserting “except for a court,” before “demonstrate”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(iii) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(c)(3)
Pub. L. 113–4, § 102(a)(1)(B)(iii), substituted “parties” for “spouses” in two places
Substituted · 34 U.S.C. § 10461(c)(3)
Pub. L. 113–4, § 102(a)(1)(B)(iii), substituted “party” for “spouse”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 113–4, § 102(a)(1)(B)(iii), substituted “parties” for “spouses” in two places and substituted “party” for “spouse”.Enacted provision · exact public law section
(iii) in paragraph (3)— (I) by striking “spouses” each place it appears and inserting “parties”; and (II) by striking “spouse” and inserting “party”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(iv) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(c)(4)
Pub. L. 113–4, § 102(a)(1)(B)(iv), inserted “, dating violence, sexual assault, or stalking” after “felony domestic violence”, “modification, enforcement, dismissal,” after “registration,” in two places, and “dating violence,” after “victim of domestic violence,”
Struck · 34 U.S.C. § 10461(c)(4)
Pub. L. 113–4, § 102(a)(1)(B)(iv), struck out “and” at end
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 113–4, § 102(a)(1)(B)(iv), inserted “, dating violence, sexual assault, or stalking” after “felony domestic violence”, “modification, enforcement, dismissal,” after “registration,” in two places, and “dating violence,” after “victim of domestic violence,” and struck out “and” at end.Enacted provision · exact public law section
(iv) in paragraph (4)— (I) by inserting “, dating violence, sexual assault, or stalking” after “felony domestic violence”; (II) by inserting “modification, enforcement, dismissal,” after “registration,” each place it appears; (III) by inserting “dating violence,” after “victim of domestic violence,”; and (IV) by striking “and” at the end;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(B)(v) · 127 Stat. 54
Struck · 34 U.S.C. § 10461(c)(5)
Pub. L. 113–4, § 102(a)(1)(B)(v), struck out “, not later than 3 years after January 5, 2006” after “certify that” in introductory provisions
Inserted · 34 U.S.C. § 10461(c)(5)
Pub. L. 113–4, § 102(a)(1)(B)(v), inserted “, trial of, or sentencing for” after “investigation of” in two places
Redesignated · 34 U.S.C. § 10461(c)(5)
Pub. L. 113–4, § 102(a)(1)(B)(v), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively
Redesignated · 34 U.S.C. § 10461(c)(5)
Pub. L. 113–4, § 102(a)(1)(B)(v), substituted “clause (i)” for “subparagraph (A)” in cl. (ii) as redesignated
Substituted · 34 U.S.C. § 10461(c)(5)
Pub. L. 113–4, § 102(a)(1)(B)(v), substituted “; and” for period at end
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 113–4, § 102(a)(1)(B)(v), struck out “, not later than 3 years after January 5, 2006” after “certify that” in introductory provisions, inserted “, trial of, or sentencing for” after “investigation of” in two places, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, substituted “clause (i)” for “subparagraph (A)” in cl. (ii) as redesignated, and substituted “; and” for period at end.Enacted provision · exact public law section
(v) in paragraph (5)— (I) in the matter preceding subparagraph (A), by striking “, not later than 3 years after January 5, 2006”; (II) by inserting “, trial of, or sentencing for” after “investigation of” each place it appears; (III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly; (IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking “subparagraph (A)” and inserting “clause (i)”; and (V) by striking the period at the end and inserting “; and”;Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(C)(i)(I) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(d)(1)
Pub. L. 113–4, § 102(a)(1)(C)(i)(I), inserted “, policy,” after “law” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 113–4, § 102(a)(1)(C)(i)(I), inserted “, policy,” after “law” in introductory provisions.Enacted provision · exact public law section
(I) in the matter preceding subparagraph (A), by inserting “, policy,” after “law”; andViolence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(C)(i)(II) · 127 Stat. 54
Inserted · 34 U.S.C. § 10461(d)(1)(A)
Pub. L. 113–4, § 102(a)(1)(C)(i)(II), inserted “and the defendant is in custody or has been served with the information or indictment” before semicolon at end
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 113–4, § 102(a)(1)(C)(i)(II), inserted “and the defendant is in custody or has been served with the information or indictment” before semicolon at end.Enacted provision · exact public law section
(II) in subparagraph (A), by inserting “and the defendant is in custody or has been served with the information or indictment” before the semicolon; andViolence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(C)(ii) · 127 Stat. 54
Substituted · 34 U.S.C. § 10461(d)(2)
Pub. L. 113–4, § 102(a)(1)(C)(ii), substituted “its” for “it” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 113–4, § 102(a)(1)(C)(ii), substituted “its” for “it” in introductory provisions.Enacted provision · exact public law section
(ii) in paragraph (2), by striking “it” and inserting “its”; andViolence Against Women Reauthorization Act of 2013
Pub. L. 113–4 § 102(a)(1)(D) · 127 Stat. 54
Added · 34 U.S.C. § 10461(f); 34 U.S.C. § 10461(g)
Pub. L. 113–4, § 102(a)(1)(D), added subsecs. (f) and (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 113–4, § 102(a)(1)(D), added subsecs. (f) and (g).Enacted provision · exact public law section
(D) by adding at the end the following: “(f) Allocation for Tribal Coalitions.— Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg). “(g) Allocation for Sexual Assault.— Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.” ; andSavanna’s Act
Pub. L. 116–165 § 7(a) · 134 Stat. 760
Added · 34 U.S.C. § 10461(b)(23); 34 U.S.C. § 10461(b)(24)
Pub. L. 116–165 added pars. (23) and (24)
Source evidence
Code amendment note
Subsec. (b)(23), (24). Pub. L. 116–165 added pars. (23) and (24).Enacted provision · exact public law section
(a) Grant Authority.— Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended by adding at the end the following: “(23) To develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in section 5 of Savanna’s Act. “(24) To compile and annually report data to the Attorney General related to missing or murdered Indians, as described in section 6 of Savanna’s Act.” .Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(1) · 136 Stat. 49
Added · 34 U.S.C. § 10461(a)
Pub. L. 117–103, § 102(b)(1), added subsec. (a)
Struck · 34 U.S.C. § 10461(a)
Pub. L. 117–103, § 102(b)(1), struck out former subsec. (a). Prior to amendment, text read as follows: “The purpose of this subchapter is to encourage States, Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–103, § 102(b)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The purpose of this subchapter is to encourage States, Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law.”Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(2)(A) · 136 Stat. 49
Substituted · 34 U.S.C. § 10461(b)(1)
Pub. L. 117–103, § 102(b)(2)(A), substituted “offender accountability and homicide reduction” for “proarrest”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 117–103, § 102(b)(2)(A), substituted “offender accountability and homicide reduction” for “proarrest”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(2)(B) · 136 Stat. 49
Substituted · 34 U.S.C. § 10461(b)(5)
Pub. L. 117–103, § 102(b)(2)(B), substituted “legal advocacy and legal assistance programs” for “legal advocacy service programs”
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 117–103, § 102(b)(2)(B), substituted “legal advocacy and legal assistance programs” for “legal advocacy service programs”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(2)(C) · 136 Stat. 49
Substituted · 34 U.S.C. § 10461(b)(8)
Pub. L. 117–103, § 102(b)(2)(C), substituted “individuals 50 years of age or over, Deaf individuals,” for “older individuals (as defined in section 3002 of title 42)”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 117–103, § 102(b)(2)(C), substituted “individuals 50 years of age or over, Deaf individuals,” for “older individuals (as defined in section 3002 of title 42)”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(2)(D) · 136 Stat. 49
Inserted · 34 U.S.C. § 10461(b)(19)
Pub. L. 117–103, § 102(b)(2)(D), inserted “, including victims among underserved populations (as defined in section 12291(a) of this title)” before period at end
Source evidence
Code amendment note
Subsec. (b)(19). Pub. L. 117–103, § 102(b)(2)(D), inserted “, including victims among underserved populations (as defined in section 12291(a) of this title)” before period at end.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(2)(E) · 136 Stat. 49
Added · 34 U.S.C. § 10461(b)(25); 34 U.S.C. § 10461(b)(26)
Pub. L. 117–103, § 102(b)(2)(E), added pars. (25) and (26)
Source evidence
Code amendment note
Subsec. (b)(25), (26). Pub. L. 117–103, § 102(b)(2)(E), added pars. (25) and (26).Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(3)(A)(i) · 136 Stat. 49
Substituted · 34 U.S.C. § 10461(c)(1)(A)(i)
Pub. L. 117–103, § 102(b)(3)(A)(i), substituted “encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders” for “encourage or mandate arrests of domestic violence offenders”
Source evidence
Code amendment note
Subsec. (c)(1)(A)(i). Pub. L. 117–103, § 102(b)(3)(A)(i), substituted “encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders” for “encourage or mandate arrests of domestic violence offenders”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(3)(A)(ii) · 136 Stat. 49
Substituted · 34 U.S.C. § 10461(c)(1)(A)(ii)
Pub. L. 117–103, § 102(b)(3)(A)(ii), substituted “encourage arrest of offenders” for “encourage or mandate arrest of domestic violence offenders”
Source evidence
Code amendment note
Subsec. (c)(1)(A)(ii). Pub. L. 117–103, § 102(b)(3)(A)(ii), substituted “encourage arrest of offenders” for “encourage or mandate arrest of domestic violence offenders”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(b)(3)(B) · 136 Stat. 49
Added · 34 U.S.C. § 10461(c)(1)(F); 34 U.S.C. § 10461(c)(1)(G)
Pub. L. 117–103, § 102(b)(3)(B), (C), added subpars. (F) and (G)
Source evidence
Code amendment note
Subsec. (c)(1)(F), (G). Pub. L. 117–103, § 102(b)(3)(B), (C), added subpars. (F) and (G).Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Effective date note
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
72 of 76 references resolved to an enrolled provision · 4 partial
Editorial Notes
References in Text
, referred to in subsec. (c)(5), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 109–162, which enacted par. (5) of subsec. (c), to reflect the probable intent of Congress.
Codification
Section was formerly classified to section 3796hh of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior Provisions
A prior section 2101 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title.
Amendments2000–2022 · 5 rounds
2022
Subsec. (a). Pub. L. 117–103, § 102(b)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The purpose of this subchapter is to encourage States, Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law.”
Subsec. (b)(1). Pub. L. 117–103, § 102(b)(2)(A), substituted “offender accountability and homicide reduction” for “proarrest”.
Subsec. (b)(5). Pub. L. 117–103, § 102(b)(2)(B), substituted “legal advocacy and legal assistance programs” for “legal advocacy service programs”.
Subsec. (b)(8). Pub. L. 117–103, § 102(b)(2)(C), substituted “individuals 50 years of age or over, Deaf individuals,” for “older individuals (as defined in section 3002 of title 42)”.
Subsec. (b)(19). Pub. L. 117–103, § 102(b)(2)(D), inserted “, including victims among underserved populations (as defined in section 12291(a) of this title)” before period at end.
Subsec. (b)(25), (26). Pub. L. 117–103, § 102(b)(2)(E), added pars. (25) and (26).
Subsec. (c)(1)(A)(i). Pub. L. 117–103, § 102(b)(3)(A)(i), substituted “encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders” for “encourage or mandate arrests of domestic violence offenders”.
Subsec. (c)(1)(A)(ii). Pub. L. 117–103, § 102(b)(3)(A)(ii), substituted “encourage arrest of offenders” for “encourage or mandate arrest of domestic violence offenders”.
Subsec. (c)(1)(F), (G). Pub. L. 117–103, § 102(b)(3)(B), (C), added subpars. (F) and (G).
2020
Subsec. (b)(23), (24). Pub. L. 116–165 added pars. (23) and (24).
2013
Subsec. (b). Pub. L. 113–4, § 102(a)(1)(A)(i), in introductory provisions, substituted “grantees” for “States, Indian tribal governments State, tribal, territorial, and local courts (including juvenile courts),, or units of local government”.
Subsec. (b)(1). Pub. L. 113–4, § 102(a)(1)(A)(ii), inserted “and enforcement of protection orders across State and tribal lines” before period at end.
Subsec. (b)(2). Pub. L. 113–4, § 102(a)(1)(A)(iii), substituted “data collection systems, and training in police departments to improve tracking of cases and classification of complaints” for “and training in police departments to improve tracking of cases”.
Subsec. (b)(4). Pub. L. 113–4, § 102(a)(1)(A)(iv), inserted “and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking” after “computer tracking systems”.
Subsec. (b)(5). Pub. L. 113–4, § 102(a)(1)(A)(v), inserted “and other victim services” after “legal advocacy service programs”.
Subsec. (b)(6). Pub. L. 113–4, § 102(a)(1)(A)(vi), substituted “Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel” for “judges”.
Subsec. (b)(8). Pub. L. 113–4, § 102(a)(1)(A)(vii), substituted “dating violence, sexual assault, and stalking” for “and sexual assault”.
Subsec. (b)(10). Pub. L. 113–4, § 102(a)(1)(A)(viii), substituted “victim service providers, staff from population specific organizations,” for “non-profit, non-governmental victim services organizations,”.
Subsec. (b)(14) to (22). Pub. L. 113–4, § 102(a)(1)(A)(ix), added pars. (14) to (22).
Subsec. (c). Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), substituted “grantees are—” for “grantees are”, inserted par. (1) designation before “States”, struck out second comma after “(including juvenile courts)”, and redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1).
Subsec. (c)(1). Pub. L. 113–4, § 102(a)(1)(B)(i), inserted “except for a court,” before “certify” in introductory provisions and redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively.
Subsec. (c)(2). Pub. L. 113–4, § 102(a)(1)(B)(viii), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1).
Pub. L. 113–4, § 102(a)(1)(B)(ii), inserted “except for a court,” before “demonstrate”.
Subsec. (c)(3). Pub. L. 113–4, § 102(a)(1)(B)(iii), substituted “parties” for “spouses” in two places and substituted “party” for “spouse”.
Subsec. (c)(4). Pub. L. 113–4, § 102(a)(1)(B)(iv), inserted “, dating violence, sexual assault, or stalking” after “felony domestic violence”, “modification, enforcement, dismissal,” after “registration,” in two places, and “dating violence,” after “victim of domestic violence,” and struck out “and” at end.
Subsec. (c)(5). Pub. L. 113–4, § 102(a)(1)(B)(v), struck out “, not later than 3 years after ” after “certify that” in introductory provisions, inserted “, trial of, or sentencing for” after “investigation of” in two places, redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, substituted “clause (i)” for “subparagraph (A)” in cl. (ii) as redesignated, and substituted “; and” for period at end.
Subsec. (d)(1). Pub. L. 113–4, § 102(a)(1)(C)(i)(I), inserted “, policy,” after “law” in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 113–4, § 102(a)(1)(C)(i)(II), inserted “and the defendant is in custody or has been served with the information or indictment” before semicolon at end.
Subsec. (d)(2). Pub. L. 113–4, § 102(a)(1)(C)(ii), substituted “its” for “it” in introductory provisions.
Subsecs. (f), (g). Pub. L. 113–4, § 102(a)(1)(D), added subsecs. (f) and (g).
2006
Subsec. (a). Pub. L. 109–162, § 102(b)(1), substituted “to treat domestic violence, dating violence, sexual assault, and stalking as serious violations” for “to treat domestic violence as a serious violation”.
Subsec. (b). Pub. L. 109–162, § 102(b)(2)(A), inserted “, tribal, territorial,” after “State” in introductory provisions.
Subsec. (b)(1). Pub. L. 109–162, § 102(b)(2)(B), struck out “mandatory arrest or” after “implement” and “mandatory arrest programs and” after “including”.
Subsec. (b)(2). Pub. L. 109–162, § 102(b)(2)(C), inserted “protection order registries,” after “educational programs,” and substituted “domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”.
Subsec. (b)(3). Pub. L. 109–162, § 102(b)(2)(D), substituted “domestic violence, dating violence, sexual assault, and stalking cases” for “domestic violence cases” and “teams” for “groups”.
Subsec. (b)(5). Pub. L. 109–162, § 102(b)(2)(E), substituted “domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and dating violence”.
Subsec. (b)(6). Pub. L. 109–162, § 102(b)(2)(F), substituted “civil” for “other” and inserted “, dating violence, sexual assault, and stalking” after “domestic violence”.
Subsec. (b)(9) to (13). Pub. L. 109–162, § 102(b)(2)(G), added pars. (9) to (13).
Subsec. (c)(5). Pub. L. 109–162, § 102(b)(3), added par. (5).
Subsec. (d). Pub. L. 109–162, § 102(b)(4), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “In this section, the term ‘protection order’ has the meaning given the term in section 2266 of title 18.”
Subsec. (e). Pub. L. 109–271 added subsec. (e) and struck out former subsec. (e) which read as follows: “Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this subchapter shall not apply to funds allocated for such program.”
Pub. L. 109–162, § 906(c), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Not less than 10 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”
Pub. L. 109–162, § 102(b)(4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.”
2000
Subsec. (a). Pub. L. 106–386, § 1102(b)(1), inserted “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”.
Subsec. (b). Pub. L. 106–386, § 1102(b)(2)(A), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.
Subsec. (b)(2). Pub. L. 106–386, §§ 1102(b)(2)(B), 1109(c)(1), substituted “policies, educational programs, and” for “policies and” and inserted “and dating violence” before period at end.
Subsec. (b)(3), (4). Pub. L. 106–386, § 1102(b)(2)(C), (D), inserted “parole and probation officers,” after “prosecutors,”.
Subsec. (b)(5). Pub. L. 106–386, §§ 1109(c)(2), 1512(b), inserted “and dating violence, including strengthening assistance to such victims in immigration matters” before period at end.
Subsec. (b)(6). Pub. L. 106–386, § 1101(a)(2)(A), inserted “(including juvenile courts)” after “courts”.
Subsec. (b)(7). Pub. L. 106–386, § 1101(a)(2)(B), added par. (7).
Subsec. (b)(8). Pub. L. 106–386, § 1209(b), added par. (8).
Subsec. (c). Pub. L. 106–386, § 1102(b)(3), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.
Subsec. (c)(4). Pub. L. 106–386, § 1101(b)(2)(A), added par. (4) and struck out former par. (4) which read as follows: “certify that their laws, policies, or 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 or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.”
Subsec. (d). Pub. L. 106–386, § 1101(b)(2)(B), added subsec. (d).
Subsec. (e). Pub. L. 106–386, § 1102(b)(4), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after , see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
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.
Effective Date of 2006 Amendment
Amendment by sections 102(b) (except the amendment to subsec. (d) of this section included in that section) and 906(c) of Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.
Credits
1994–2022 · 7 acts
- 1994Pub. L. 90–351, title I, § 2101, as added Pub. L. 103–322, title IV, § 40231(a)(3), , 108 Stat. 1932
- 2000amended Pub. L. 106–386, div. B, title I, §§ 1101(a)(2), (b)(2), 1102(b), 1109(c), title II, § 1209(b), title V, § 1512(b), , 114 Stat. 1492, 1493, 1495, 1503, 1509, 1533
- 2006Pub. L. 109–162, title I, § 102(b), title IX, § 906(c), , 119 Stat. 2975, 3081
- 2006Pub. L. 109–271, § 7(a)(5), , 120 Stat. 764
- 2013Pub. L. 113–4, title I, § 102(a)(1), , 127 Stat. 70
- 2020Pub. L. 116–165, § 7(a), , 134 Stat. 764
- 2022Pub. L. 117–103, div. W, title I, § 102(b), , 136 Stat. 848.
Show as published
(Pub. L. 90–351, title I, § 2101, as added Pub. L. 103–322, title IV, § 40231(a)(3), , 108 Stat. 1932; amended Pub. L. 106–386, div. B, title I, §§ 1101(a)(2), (b)(2), 1102(b), 1109(c), title II, § 1209(b), title V, § 1512(b), , 114 Stat. 1492, 1493, 1495, 1503, 1509, 1533; Pub. L. 109–162, title I, § 102(b), title IX, § 906(c), , 119 Stat. 2975, 3081; Pub. L. 109–271, § 7(a)(5), , 120 Stat. 764; Pub. L. 113–4, title I, § 102(a)(1), , 127 Stat. 70; Pub. L. 116–165, § 7(a), , 134 Stat. 764; Pub. L. 117–103, div. W, title I, § 102(b), , 136 Stat. 848.)