Pub. L. 109-162, tit. I, sec. 102

GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS.

EnactedYear: 2006Length: 1,058 wordsOfficial source
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS. (a) Authorization of Appropriations.—Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking “$65,000,000 for each of fiscal years 2001 through 2005” and inserting “$75,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this paragraph shall remain available until expended.”. (b) Grantee Requirements.—Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended—(1) in subsection (a), by striking “to treat domestic violence as a serious violation” and inserting “to treat domestic violence, dating violence, sexual assault, and stalking as serious violations”; (2) in subsection (b)—119 STAT. 2976(A) in the matter before paragraph (1), by inserting after “State” the following: “, tribal, territorial,”; (B) in paragraph (1), by—(i) striking “mandatory arrest or”; and (ii) striking “mandatory arrest programs and”; (C) in paragraph (2), by—(i) inserting after “educational programs,” the following: “protection order registries,”; (ii) striking “domestic violence and dating violence” and inserting “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”; (D) in paragraph (3), by—(i) striking “domestic violence cases” and inserting “domestic violence, dating violence, sexual assault, and stalking cases”; and (ii) striking “groups” and inserting “teams”; (E) in paragraph (5), by striking “domestic violence and dating violence” and inserting “domestic violence, dating violence, sexual assault, and stalking”; (F) in paragraph (6), by—(i) striking “other” and inserting “civil”; and (ii) inserting after “domestic violence” the following: “, dating violence, sexual assault, and stalking”; and (G) by adding at the end the following: “(9) To develop State, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of domestic violence, dating violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse. “(10) To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from non-profit, non-governmental victim services organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas. “(11) To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals. 119 STAT. 2977“(12) To develop, enhance, and maintain protection order registries. “(13) To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols.”; (3) in subsection (c)—(A) in paragraph (3), by striking “and” after the semicolon; (B) in paragraph (4), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(5) certify that, not later than 3 years after the date of enactment of this section, their laws, policies, or practices will ensure that—“(A) 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 such an offense; and “(B) the refusal of a victim to submit to an examination described in subparagraph (A) shall not prevent the investigation of the offense.”; and (4) by striking subsections (d) and (e) and inserting the following: “(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 part unless the State or unit of local government—“(1) certifies that it has a law 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; “(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 it 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.—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.”. (c) Applications.—Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b)) is 119 STAT. 2978 amended in each of paragraphs (1) and (2) by inserting after “involving domestic violence” the following: “, dating violence, sexual assault, or stalking”. (d) Training, Technical Assistance, Confidentiality.—Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended by adding at the end the following: “SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE. “Of the total amounts appropriated under this part, not less than 5 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 and other entities.” .
Pub. L. 109-162, tit. I, sec. 102: GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS. | Justis AI