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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 46. JUSTICE SYSTEM IMPROVEMENT |
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SubChapter XII–I. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS |
§ 3796hh. Grants
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(a) Purpose 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.
(b) Grant authority The Attorney General may make grants to eligible grantees for the following purposes: (1) To implement proarrest programs and policies in police departments, including policies for protection order violations and enforcement of protection orders across State and tribal lines. (2) 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. (3) 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. (4) 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. (5) To strengthen legal advocacy service 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. (6) 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. (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. (8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence their laws, policies, or practices will ensure that— (i) 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 (ii) 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; and (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). (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 subchapter unless the State or unit of local government— (1) certifies that it has a law, policy, or regulation that requires— (A) 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; (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) gives the Attorney General assurances that its 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 (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 3796gg–10 of this title.
(2) Applicability of subchapter The requirements of this subchapter shall not apply to funds allocated for the program described in paragraph (1).
(f) 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 3796gg of this title.
(g) 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.
References In Text
Prior Provisions
A prior section 2101 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
Amendments
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
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).
Effective Date Of Amendment
Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following
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 3793 of this title.