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34 U.S.C. § 10462a — Grants to State and Tribal courts to implement protection order pilot programs

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10462a — Grants to State and Tribal courts to implement protection order pilot programs

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Source file: Laws/federal/codes/united-states-code/title-34/section-10462a-grants-to-state-and-tribal-courts-to-implement-protection-order-pilot-pr--340be5a6d5.md
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Source location: Title 34, Chapter 101, § 10462a; chapter-101-justice-system-improvement.md

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**(a) Definition of eligible entity** In this section, the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable— (1) a State, Tribal, or local law enforcement agency; (2) a State, Tribal, or local prosecutor’s office; (3) a victim service provider or State or Tribal domestic violence coalition; (4) a provider of culturally specific services; (5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault; (6) the bar association of the applicable State or Indian Tribe; (7) the State or Tribal association of court clerks; (8) a State, Tribal, or local association of criminal defense attorneys; (9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration; (10) not fewer than 2 State or Tribal court judges with experience in— (A) the field of domestic violence; and (B) issuing protective orders; and (11) a judge assigned to the criminal docket of the State or Tribal court. **(b) Grants authorized** (1) **In general** — The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section. (2) **Number** — The Attorney General may award not more than 10 grants under paragraph (1). (3) **Amount** — The amount of a grant awarded under paragraph (1) may be not more than $1,500,000. **(c) Mandatory activities** (1) **In general** — An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to— (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to— (i) modernize the service process and make the process more effective and efficient; (ii) provide for improved safety of victims; and (iii) make protection orders enforceable as quickly as possible; (B) develop best practices relating to the service of protection orders through electronic communication methods; (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and (D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party. (2) **Timeline** — An eligible entity that receives a grant under this section shall— (A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and (B) carry out the program required under paragraph (1)(A) for not fewer than 3 years. **(d) Diversity of recipients** The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable— (1) a State court that serves a population of not fewer than 1,000,000 individuals; (2) a State court that— (A) serves a State that is among the 7 States with the lowest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (3) a State court that— (A) serves a State that is among the 7 States with the highest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (4) a court that uses an integrated, statewide case management system; (5) a court that uses a standalone case management system; (6) a Tribal court; and (7) a court that primarily serves a culturally specific and underserved population. **(e) Application** (1) **In general** — An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes— (A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application; (B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of— (i) successful service; and (ii) enforcement; (C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and (D) any other information the Attorney General may reasonably require. (2) **No other application required** — An eligible entity shall not be required to submit an application under [section 10462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10462&num=0&edition=prelim) to receive a grant under this section. **(f) Report to Attorney General** (1) **Initial report** — Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c). (2) **Subsequent reports** (A) *In general* — Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program— (i) the viability; (ii) the cost; (iii) service statistics; (iv) the challenges; (v) an analysis of the technology used to fulfill the goals of the program; (vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and (vii) best practices for implementing such a program in other similarly situated locations. (B) *Contents of final report* — An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for— (i) future nationwide implementation of the program implemented by the eligible entity; and (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost. **(g) No regulations or guidelines required** Notwithstanding [section 10464 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10464&num=0&edition=prelim), the Attorney General shall not be required to publish regulations or guidelines implementing this section. **(h) Authorization of appropriations** There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10464 — Regulations or guidelines

Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10463 — Reports

Each grantee receiving funds under this subchapter shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this subchapter and containing such additional information as the Attorney General may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10462 — 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, court, or local government entity that the conditions of [section 10461(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10461/c&num=0&edition=prelim) 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 September 13, 1994 or, in the case of the condition set forth in subsection 11 So in original. Probably should be “section”. 10461(c)(4) 22 See References in Text note below. of this title, the expiration of the 2-year period beginning on October 28, 2000; (2) describes plans to further the purposes stated in [section 10461(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10461/a&num=0&edition=prelim); (3) identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and (4) includes documentation from victim service providers and, as appropriate, population specific organizations 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 subchapter, the Attorney General shall give priority to applicants that— (1) do not currently provide for centralized handling of cases involving domestic violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts; (2) demonstrate a commitment to strong enforcement of laws, and prosecution of cas

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6851 — Civil action relating to disclosure of intimate images

**(a) Definitions** In this section: (1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim). (2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. (3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. (4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible. (5) **Intimate visual depiction** — The term “intimate visual depiction”— (A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or (III) an identifiable individual engaging in sexually explicit conduct and 11 So in original. (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10462a — Grants to State and Tribal courts to im-

Page 153 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10462a ‘‘section 10461(c)(4) of this title’’, was redesignated sec- tion 10461(c)(1)(D) of this title by Pub. L. 113–4, title I, § 102(a)(1)(B)(vi), Mar. 7, 2013, 127 Stat. 72. CODIFICATION Section was formerly classified to section 3796hh–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–4, § 102(a)(2)(A), in- serted ‘‘court,’’ after ‘‘tribal government,’’ in introduc- tory provisions. Subsec. (a)(4). Pub. L. 113–4, § 102(a)(2)(B), substituted ‘‘victim service providers and, as appropriate, popu- lation specific organizations’’ for ‘‘nonprofit, private sexual assault and domestic violence programs’’. 2006—Subsec. (b)(1), (2). Pub. L. 109–162 inserted ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘involving domestic violence’’. 2000—Subsec. (a)(1)(B). Pub. L. 106–386, § 1101(b)(3), in- serted before semicolon ‘‘or, in the case of the condi- tion set forth in subsection 3796hh(c)(4) of this title, the expiration of the 2-year period beginning on October 28, 2000’’. Subsec. (b)(1). Pub. L. 106–386, § 1101(a)(3)(A)(i), struck out ‘‘and’’ at the end. Subsec. (b)(2). Pub. L. 106–386, § 1101(a)(3)(A)(ii), sub- stituted ‘‘, including the enforcement of protection or- ders from other States and jurisdictions (including tribal jurisdictions);’’ for period at end. Subsec. (b)(3), (4). Pub. L. 106–386, § 1101(a)(3)(A)(iii), added pars. (3) and (4). Subsec. (c). Pub. L. 106–386, § 1101(a)(3)(B), added sub- sec. (c). Statutory Note

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