ENCOURAGING ARREST POLICIES.

SEC. 40231. ENCOURAGING ARREST POLICIES. (a) In General.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(a), is amended— (1) by redesignating part U as part V; (2) by redesignating section 2101 as section 2201; and (3) by inserting after part T the following new part: “PART U— GRANTS TO ENCOURAGE ARREST POLICIES “SEC. 2101. GRANTS. “(a) Purpose.— The purpose of this part is to encourage States, Indian tribal governments, and units of local government to treat domestic violence as a serious violation of criminal law. “(b) Grant Authority.— The Attorney General may make grants to eligible States, Indian tribal governments, or units of local government for the following purposes: “(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations. “(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence. “(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges. “(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts. “(5) To strengthen legal advocacy service programs for victims of domestic violence. “(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases, “(c) Eligibility.— Eligible grantees are States, Indian tribal governments, or units of local government that— “(1) certify that their laws or official policies— “(A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and “(B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; “(2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; “(3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; and 108 STAT. 1933 “(4) 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. “SEC. 2102. APPLICATIONS. “(a) Application.— An eligible grantee shall submit an application to the Attorney General that— “(1) contains a certification by the chief executive officer of the State, Indian tribal government, or local government entity that the conditions of section 2101(c) are met or will be met within the later of— “(A) the period ending on the date on which the next session of the State or Indian tribal legislature ends; or “(B) 2 years of the date of enactment of this part; “(2) describes plans to further the purposes stated in section 2101(a); “(3) identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and “(4) includes documentation from nonprofit, private sexual assault and domestic violence programs demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation. “(b) Priority.— In awarding grants under this part, the Attorney General shall give priority to applicants that— “(1) do not currently provide for centralized handling of cases involving domestic violence by police, prosecutors, and courts; and “(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence. “SEC. 2103. REPORTS. “Each grantee receiving funds under this part shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this part and containing such additional information as the Attorney General may prescribe. “SEC. 2104. REGULATIONS OR GUIDELINES. “Not later than 120 days after the date of enactment of this part, the Attorney General shall publish proposed regulations or guidelines implementing this part. Not later than 180 days after the date of enactment of this part, the Attorney General shall publish final regulations or guidelines implementing this part. “SEC. 2105. DEFINITIONS. “For purposes of this part— “(1) the term ‘domestic violence’ includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant 108 STAT. 1934monies, or by any other adult person against a victim who is protected from that person’s acts under the domestic or family violence laws of the eligible State, Indian tribal government, or unit of local government that receives a grant under this part; and “(2) the term ‘protection order’ includes any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.”. (b) Technical Amendment.— The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(b), is amended by striking the matter relating to part U and inserting the following: “Part U— Grants to Encourage Arrest Policies “Sec. 2101. Grants. “Sec. 2102. Applications. “Sec. 2103. Reports. “Sec. 2104. Regulations or guidelines. “Sec. 2105. Definitions. “Part V— Transition—Effective Date—Repealer “Sec. 2201. Continuation of rules, authorities, and proceedings.”. (c) Authorization of Appropriations.— Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 40121(c), is amended— (1) in paragraph (3) by striking “and T” and inserting “T, and U”; and (2) by adding at the end the following new paragraph: “(19) There are authorized to be appropriated to carry out part U— “(A) $28,000,000 for fiscal year 1996; “(B) $33,000,000 for fiscal year 1997; and “(C) $59,000,000 for fiscal year 1998. (d) Administrative Provisions.— (1) Regulations.— Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by striking “and O” and inserting “O, and U”. (2) Denial of application.— Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783 (b)) is amended in the first sentence by striking “or O” and inserting “O, or U”.