Pub. L. 109-162, tit. I, sec. 101
STOP GRANTS IMPROVEMENTS.
SEC. 101. STOP GRANTS IMPROVEMENTS. (a) Authorization of Appropriations.—Section 1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amended by striking “$185,000,000 for each of fiscal years 2001 through 2005” and inserting “$225,000,000 for each of fiscal years 2007 through 2011”. (b) Purpose Area Enhancements.—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 (10), by striking “and” after the semicolon; (2) in paragraph (11), by striking the period and inserting a semicolon; and (3) by adding at the end the following: “(12) maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families; “(13) supporting the placement of special victim assistants (to be known as ‘Jessica Gonzales Victim Assistants’) in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities—“(A) developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized; “(B) notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency; 119 STAT. 2973“(C) referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services); and “(D) taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; and “(14) to provide funding to law enforcement agencies, nonprofit nongovernmental victim services providers, and State, tribal, territorial, and local governments, (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote—“(A) the development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as ‘Crystal Judson Victim Advocates,’ to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel; “(B) the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police (‘Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project’ July 2003)); “(C) the development of such protocols in collaboration with State, tribal, territorial and local victim service providers and domestic violence coalitions. Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson Domestic Violence Protocol Program under paragraph (14) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from domestic violence and sexual assault nonprofit organizations and, after a period of 2 years, provide a report of the adopted protocol to the Department of Justice, including a summary of progress in implementing such protocol.”. (c) Clarification of Activities Regarding Underserved Populations.—Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is amended—(1) in subsection (c)(2), by inserting before the semicolon the following: “and describe how the State will address the needs of underserved populations”; and (2) in subsection (e)(2), by striking subparagraph (D) and inserting the following: “(D) recognize and meaningfully respond to the needs of underserved populations and ensure that monies set aside to fund linguistically and culturally specific services and activities for underserved populations are distributed equitably among those populations.”. (d) Tribal and Territorial Setasides.—Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is amended—(1) in subsection (b)—(A) in paragraph (1), by striking “5 percent” and inserting “10 percent”; 119 STAT. 2974(B) in paragraph (2), striking by “1⁄54” and inserting “1⁄56”; (C) in paragraph (3), by striking “and the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54” and inserting “coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1⁄56”; and (D) in paragraph (4), by striking “1⁄54” and inserting “1⁄56”; (2) in subsection (c)(3)(B), by inserting after “victim services” the following: “, of which at least 10 percent shall be distributed to culturally specific community-based organization”; and (3) in subsection (d)—(A) in paragraph (3), by striking the period and inserting “; and”; and (B) by adding at the end the following: “(4) documentation showing that tribal, territorial, State or local prosecution, law enforcement, and courts have consulted with tribal, territorial, State, or local victim service programs during the course of developing their grant applications in order to ensure that proposed services, activities and equipment acquisitions are designed to promote the safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking, and dating violence.”. (e) Training, Technical Assistance, and Data Collection.—Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is amended by adding at the end the following: “(i) Training, Technical Assistance, and Data Collection.—“(1) In general.—Of the total amounts appropriated under this part, not less than 3 percent and up to 8 percent shall be available for providing training and technical assistance relating to the purpose areas of this part to improve the capacity of grantees, subgrantees and other entities. “(2) Indian training.—The Director of the Office on Violence Against Women shall ensure that training or technical assistance regarding violence against Indian women will be developed and provided by entities having expertise in tribal law, customary practices, and Federal Indian law.”. (f) Availability of Forensic Medical Exams.—Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by adding at the end the following: “(c) Use of Funds.—A State or Indian tribal government may use Federal grant funds under this part to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers. “(d) Rule of Construction.—Nothing in this section shall be construed to permit a State, Indian tribal government, or territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement 119 STAT. 2975 in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. “(e) Judicial Notification.—“(1) In general.—A State or unit of local government shall not be entitled to funds under this part unless the State or unit of local government—“(A) certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State, or local laws; or “(B) gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of—“(i) the period ending on the date on which the next session of the State legislature ends; or “(ii) 2 years. “(2) Redistribution.—Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.”. (g) Polygraph Testing Prohibition.—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 by adding at the end the following: “SEC. 2013. POLYGRAPH TESTING PROHIBITION. “(a) In General.—In order to be eligible for grants under this part, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after the date of enactment of this section, 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 an alleged 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. “(b) Prosecution.—The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.” .