Pub. L. 106-386, div. B, tit. I, sec. 1101

FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS.

EnactedYear: 2000Length: 1,056 wordsOfficial source
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— 114 STAT. 1493 (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: 114 STAT. 1494 “(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.
Pub. L. 106-386, div. B, tit. I, sec. 1101: FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION ORDERS. | Justis AI