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Title 42 — The Public Health and Welfare

Chapter 113 — State Justice Institute

§ 10701. Definitions

Statutory text

As used in this chapter, the term—

(1)

“Board” means the Board of Directors of the Institute;

(2)

“Director” means the Executive Director of the Institute;

(3)

“Governor” means the Chief Executive Officer of a State;

(4)

“Institute” means the State Justice Institute;

(5)

“recipient” means any grantee, contractor, or recipient of financial assistance under this chapter;

(6)

“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States;

(7)

“Supreme Court” means the highest appellate court within a State unless, for the purposes of this chapter, a constitutionally or legislatively established judicial council acts in place of that court; and

(8)

“domestic violence” means—

(A)

any action that constitutes—

(i)

attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or physical illness;

(ii)

rape, sexual assault, or causing involuntary deviate sexual intercourse;

(iii)

placing by physical menace another in fear of imminent serious bodily injury; or

(iv)

the infliction of false imprisonment;

if such action is taken by one of 2 spouses, former spouses, or sexual or intimate partners against the other spouse, former spouse, or partner and the 2 of whom share biological parenthood of, have adopted, are legal custodians of, or are stepparents of a minor child; or

(B)

physically or sexually abusing such minor child if such abuse is inflicted by either of such spouses, former spouses, or partners.

Legislative history

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

  1. State Justice Institute Act of 1984

    Pub. L. 98–620 title II § 202 · 98 Stat. 3335

    Enacted · 42 U.S.C. § 10701

    Pub. L. 98–620, title II, § 202, Nov. 8, 1984, 98 Stat. 3336

    Source evidence

    Code source credit
    Pub. L. 98–620, title II, § 202, Nov. 8, 1984, 98 Stat. 3336

    Enacted provision · exact public law section
    Sec. 202. definitions As used in this title, the term— (1) “Board” means the Board of Directors of the Institute; (2) “Director” means the Executive Director of the Institute; (3) “Governor” means the Chief Executive Officer of a State; (4) “Institute” means the State Justice Institute; (5) “recipient” means any grantee, contractor, or recipient of financial assistance under this title; (6) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; and (7) “Supreme Court” means the highest appellate court within a State unless, for the purposes of this title, a constitutionally or legislatively established judicial council acts in place of that court.

  2. Pub. L. 102–528 § 1 · 106 Stat. 3461

    Added · 42 U.S.C. § 10701(8)

    Pub. L. 102–528 added par. (8)

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 102–528 added par. (8).

    Enacted provision · exact public law section
    SECTION 1. DEFINITION. Section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701) is amended— (1) in paragraph (6) by striking “and” at the end, (2) in paragraph (7) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(8) ‘domestic violence’ means— “(A) any action that constitutes— “(i) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or physical illness; “(ii) rape, sexual assault, or causing involuntary deviate sexual intercourse; “(iii) placing by physical menace another in fear of imminent serious bodily injury; or “(iv) the infliction of false imprisonment; if such action is taken by one of 2 spouses, former spouses, or sexual or intimate partners against the other spouse, former spouse, or partner and the 2 of whom share biological parenthood of, have adopted, are legal custodians of, or are stepparents of a minor child; or “(B) physically or sexually abusing such minor child if such abuse is inflicted by either of such spouses, former spouses, or partners.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, , 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note below and Tables.

Amendments

1992—Par. (8). Pub. L. 102–528 added par. (8).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–620, title II, § 216, , 98 Stat. 3346, provided that: “The provisions of this title [enacting this chapter and amending section 620 of Title 28, Judiciary and Judicial Procedure] shall take effect on .”

Short Title of 2004 Amendment

Pub. L. 108–372, § 1, , 118 Stat. 1754, provided that: “This Act [amending sections 3793, 10703, 10704, and 10713 of this title] may be cited as the ‘State Justice Institute Reauthorization Act of 2004’.”

Short Title

Pub. L. 98–620, title II, § 201, , 98 Stat. 3336, provided that: “This title [enacting this chapter and amending section 620 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘State Justice Institute Act of 1984’.”

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1984–1992 · 2 acts
  1. 1984Pub. L. 98–620, title II, § 202, , 98 Stat. 3336
  2. 1992Pub. L. 102–528, § 1, , 106 Stat. 3461.
Show as published

(Pub. L. 98–620, title II, § 202, , 98 Stat. 3336; Pub. L. 102–528, § 1, , 106 Stat. 3461.)

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