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34 U.S.C. § 10461 — Grants
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Page 148
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10461
1 So in original. Probably should be followed by a comma.
§ 10461. Grants
(a) Purpose
The purpose of this subchapter is to assist
States, Indian Tribal governments, State and
local courts (including juvenile courts), Tribal
courts, and units of local government to im-
prove the criminal justice response to domestic
violence, dating violence, sexual assault, and
stalking as serious violations of criminal law,
and to seek safety and autonomy for victims.
(b) Grant authority
The Attorney General may make grants to eli-
gible grantees for the following purposes:
(1) To implement offender accountability
and homicide reduction programs and policies
in police departments, including policies for
protection order violations and enforcement of
protection orders across State and tribal lines.
(2) To develop policies, educational pro-
grams, protection order registries, data collec-
tion systems, and training in police depart-
ments to improve tracking of cases and classi-
fication of complaints involving domestic vio-
lence, dating violence, sexual assault, and
stalking. Policies, educational programs, pro-
tection order registries, and training described
in this paragraph shall incorporate confiden-
tiality, and privacy protections for victims of
domestic violence, dating violence, sexual as-
sault, and stalking.
(3) To centralize and coordinate police en-
forcement, prosecution, or judicial responsi-
bility for domestic violence, dating violence,
sexual assault, and stalking cases in teams or
units of police officers, prosecutors, parole and
probation officers, or judges.
(4) To coordinate computer tracking systems
and provide the appropriate training and edu-
cation about domestic violence, da
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Page 148
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10461
1 So in original. Probably should be followed by a comma.
§ 10461. Grants
(a) Purpose
The purpose of this subchapter is to assist
States, Indian Tribal governments, State and
local courts (including juvenile courts), Tribal
courts, and units of local government to im-
prove the criminal justice response to domestic
violence, dating violence, sexual assault, and
stalking as serious violations of criminal law,
and to seek safety and autonomy for victims.
(b) Grant authority
The Attorney General may make grants to eli-
gible grantees for the following purposes:
(1) To implement offender accountability
and homicide reduction programs and policies
in police departments, including policies for
protection order violations and enforcement of
protection orders across State and tribal lines.
(2) To develop policies, educational pro-
grams, protection order registries, data collec-
tion systems, and training in police depart-
ments to improve tracking of cases and classi-
fication of complaints involving domestic vio-
lence, dating violence, sexual assault, and
stalking. Policies, educational programs, pro-
tection order registries, and training described
in this paragraph shall incorporate confiden-
tiality, and privacy protections for victims of
domestic violence, dating violence, sexual as-
sault, and stalking.
(3) To centralize and coordinate police en-
forcement, prosecution, or judicial responsi-
bility for domestic violence, dating violence,
sexual assault, and stalking cases in teams or
units of police officers, prosecutors, parole and
probation officers, or judges.
(4) To coordinate computer tracking systems
and provide the appropriate training and edu-
cation about domestic violence, dating vio-
lence, sexual assault, and stalking to ensure
communication between police, prosecutors,
parole and probation officers, and both crimi-
nal and family courts.
(5) To strengthen legal advocacy and legal
assistance programs and other victim services
for victims of domestic violence, dating vio-
lence, sexual assault, and stalking, including
strengthening assistance to such victims in
immigration matters.
(6) To educate Federal, State, tribal, terri-
torial, and local judges, courts, and court-
based and court-related personnel in criminal
and civil courts (including juvenile courts)
about domestic violence, dating violence, sex-
ual assault, and stalking and to improve judi-
cial handling of such cases.
(7) To provide technical assistance and com-
puter and other equipment to police depart-
ments, prosecutors, courts, and tribal jurisdic-
tions to facilitate the widespread enforcement
of protection orders, including interstate en-
forcement, enforcement between States and
tribal jurisdictions, and enforcement between
tribal jurisdictions.
(8) To develop or strengthen policies and
training for police, prosecutors, and the judici-
ary in recognizing, investigating, and pros-
ecuting instances of domestic violence 1 dating
violence, sexual assault, and stalking against
individuals 50 years of age or over, Deaf indi-
viduals, and individuals with disabilities (as
defined in section 12102(2) of title 42).
(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 ef-
fective 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 com-
prehensive victim service and support centers,
such as family justice centers, designed to
bring together victim advocates from victim
service providers, staff from population spe-
cific organizations, law enforcement officers,
prosecutors, probation officers, governmental
victim assistants, forensic medical profes-
sionals, 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 safe-
ty, access to services, and confidentiality for
victims and families. Although funds may be
used to support the colocation of project part-
ners under this paragraph, funds may not sup-
port construction or major renovation ex-
penses 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 recog-
nizing, investigating, and prosecuting in-
stances of sexual assault, with an emphasis on
recognizing the threat to the community for
repeat crime perpetration by such individuals.
(12) To develop, enhance, and maintain pro-
tection order registries.
(13) To develop human immunodeficiency
virus (HIV) testing programs for sexual as-
sault perpetrators and notification and coun-
seling protocols.
(14) To develop and implement training pro-
grams for prosecutors and other prosecution-
related personnel regarding best practices to
ensure offender accountability, victim safety,
and victim consultation in cases involving do-
mestic violence, dating violence, sexual as-
sault, and stalking.
(15) To develop or strengthen policies, proto-
cols, and training for law enforcement, pros-
ecutors, and the judiciary in recognizing, in-
vestigating, and prosecuting instances of do-
mestic violence, dating violence, sexual as-
sault, and stalking against immigrant vic-
tims, including the appropriate use of applica-
tions for nonimmigrant status under subpara-
graphs (T) and (U) of section 1101(a)(15) of title
8.
(16) To develop and promote State, local, or
tribal legislation and policies that enhance
best practices for responding to the crimes of
domestic violence, dating violence, sexual as-
sault, and stalking, including the appropriate
treatment of victims.
(17) To develop, implement, or enhance sex-
ual assault nurse examiner programs or sexual
assault forensic examiner programs, including
the hiring and training of such examiners.
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TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10461
2 So in original. The comma probably should not appear.
3 So in original. Probably should be ‘‘prosecutors’ ’’.
(18) To develop, implement, or enhance Sex-
ual Assault Response Teams or similar coordi-
nated community responses to sexual assault.
(19) To develop and strengthen policies, pro-
tocols, and training for law enforcement offi-
cers and prosecutors regarding the investiga-
tion and prosecution of sexual assault cases
and the appropriate treatment of victims, in-
cluding victims among underserved popu-
lations (as defined in section 12291(a) of this
title).
(20) To provide human immunodeficiency
virus testing programs, counseling, and pro-
phylaxis for victims of sexual assault.
(21) To identify and inventory backlogs of
sexual assault evidence collection kits and to
develop protocols for responding to and ad-
dressing such backlogs, including policies and
protocols for notifying and involving victims.
(22) To develop multidisciplinary high-risk
teams focusing on reducing domestic violence
and dating violence homicides by—
(A) using evidence-based indicators to as-
sess the risk of homicide and link high-risk
victims to immediate crisis intervention
services;
(B) identifying and managing high-risk of-
fenders; and
(C) providing ongoing victim advocacy and
referrals to comprehensive services includ-
ing legal, housing, health care, and eco-
nomic assistance.
(23) To develop, strengthen, and implement
policies, protocols, and training for law en-
forcement regarding cases of missing or mur-
dered Indians, as described in section 5704 of
title 25.
(24) To compile and annually report data to
the Attorney General related to missing or
murdered Indians, as described in section 5705
of title 25.
(25) To develop Statewide databases with in-
formation on where sexual assault nurse ex-
aminers are located.
(26) To develop and implement alternative
methods of reducing crime in communities, to
supplant punitive programs or policies. For
purposes of this paragraph, a punitive program
or policy is a program or policy that—
(A) imposes a penalty on a victim of do-
mestic violence, dating violence, sexual as-
sault, or stalking, on the basis of a request
by the victim for law enforcement or emer-
gency assistance; or
(B) imposes a penalty on such a victim be-
cause of criminal activity at the property in
which the victim resides.
(c) Eligibility
Eligible grantees are—
(1) States, Indian tribal governments 1 State
and local courts (including juvenile courts), or
units of local government that—
(A) except for a court, certify that their
laws or official policies—
(i) encourage arrests of domestic vio-
lence, dating violence, sexual assault, and
stalking offenders based on probable cause
that an offense has been committed; and
(ii) encourage arrest of offenders who
violate the terms of a valid and out-
standing protection order;
(B) except for a court, demonstrate that
their laws, policies, or practices and their
training programs discourage dual arrests of
offender and victim;
(C) certify that their laws, policies, or
practices prohibit issuance of mutual re-
straining orders of protection except in
cases where both parties file a claim and the
court makes detailed findings of fact indi-
cating that both parties acted primarily as
aggressors and that neither party acted pri-
marily in self-defense;
(D) certify that their laws, policies, and
practices do not require, in connection with
the prosecution of any misdemeanor or fel-
ony domestic violence, dating violence, sex-
ual assault, or stalking offense, or in con-
nection with the filing, issuance, registra-
tion, modification, enforcement, dismissal,
or service of a protection order, or a petition
for a protection order, to protect a victim of
domestic violence, dating violence, stalking,
or sexual assault, that the victim bear the
costs associated with the filing of criminal
charges against the offender, or the costs as-
sociated with the filing, issuance, registra-
tion, modification, enforcement, dismissal,
or service of a warrant, protection order, pe-
tition for a protection order, or witness sub-
poena, whether issued inside or outside the
State, tribal, or local jurisdiction;
(E) certify that,2 their laws, policies, or
practices will ensure that—
(i) no law enforcement officer, pros-
ecuting officer or other government offi-
cial 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 exam-
ination or other truth telling device as a
condition for proceeding with the inves-
tigation of, trial of, or sentencing for such
an offense; and
(ii) the refusal of a victim to submit to
an examination described in clause (i)
shall not prevent the investigation of,
trial of, or sentencing for the offense;
(F) except for a court, not later than 3
years after the date on which an eligible
grantee receives the first award under this
subchapter after March 15, 2022, certify that
the laws, policies, and practices of the State
or the jurisdiction in which the eligible
grantee is located ensure that prosecutor’s 3
offices engage in planning, developing, and
implementing—
(i) training developed by experts in the
field regarding victim-centered approaches
in domestic violence, sexual assault, dat-
ing violence, and stalking cases;
(ii) policies that support a victim-cen-
tered approach, informed by such training;
and
(iii) a protocol outlining alternative
practices and procedures for material wit-
ness petitions and bench warrants, con-
sistent with best practices, that shall be
exhausted before employing material wit-
Page 150
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10461
4 So in original. Probably should be ‘‘prohibit’’.
ness petitions and bench warrants to ob-
tain victim-witness testimony in the in-
vestigation, prosecution, and trial of a
crime related to domestic violence, sexual
assault, dating violence, and stalking of
the victim in order to prevent further vic-
timization and trauma to the victim; and
(G) except for a court, certify that the
laws, policies, and practices of the State or
the jurisdiction in which the eligible grantee
is located prohibits 4 the prosecution of a
minor under the age of 18 with respect to
prostitution; and
(2) a State, tribal, or territorial domestic vi-
olence or sexual assault coalition or a victim
service provider that partners with a State,
Indian tribal government, or unit of local gov-
ernment that certifies that the State, Indian
tribal government, or unit of local govern-
ment meets the requirements under paragraph
(1).
(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 subchapter unless the State or unit of
local government—
(1) certifies that it has a law, policy, or regu-
lation 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 ac-
tivity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the
date on which the information or indictment
is presented and the defendant is in custody
or has been served with the information or
indictment;
(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 medi-
cally appropriate, and that as soon as prac-
ticable after each such test the results be
made available in accordance with subpara-
graph (B); or
(2) gives the Attorney General assurances
that its laws and regulations will be in compli-
ance with requirements of paragraph (1) with-
in 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
(1) In general
Not less than 10 percent of the total amount
available under this section for each fiscal
year shall be available for grants under the
program authorized by section 10452 of this
title.
(2) Applicability of subchapter
The requirements of this subchapter shall
not apply to funds allocated for the program
described in paragraph (1).
(f) Allocation for tribal coalitions
Of the amounts appropriated for purposes of
this subchapter for each fiscal year, not less
than 5 percent shall be available for grants
under section 10441 of this title.
(g) Allocation for sexual assault
Of the amounts appropriated for purposes of
this subchapter for each fiscal year, not less
than 25 percent shall be available for projects
that address sexual assault, including stranger
rape, acquaintance rape, alcohol or drug-facili-
tated rape, and rape within the context of an in-
timate partner relationship.
(Pub. L. 90–351, title I, § 2101, as added Pub. L.
103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108
Stat. 1932; amended Pub. L. 106–386, div. B, title
I, §§ 1101(a)(2), (b)(2), 1102(b), 1109(c), title II,
§ 1209(b), title V, § 1512(b), Oct. 28, 2000, 114 Stat.
1492, 1493, 1495, 1503, 1509, 1533; Pub. L. 109–162,
title I, § 102(b), title IX, § 906(c), Jan. 5, 2006, 119
Stat. 2975, 3081; Pub. L. 109–271, § 7(a)(5), Aug. 12,
2006, 120 Stat. 764; Pub. L. 113–4, title I,
§ 102(a)(1), Mar. 7, 2013, 127 Stat. 70; Pub. L.
116–165, § 7(a), Oct. 10, 2020, 134 Stat. 764; Pub. L.
117–103, div. W, title I, § 102(b), Mar. 15, 2022, 136
Stat. 848.)
Editorial Notes
REFERENCES IN TEXT
January 5, 2006, referred to in subsec. (c)(5), was in
the original ‘‘the date of enactment of this section’’,
which was translated as meaning the date of enactment
of Pub. L. 109–162, which enacted par. (5) of subsec. (c),
to reflect the probable intent of Congress.
CODIFICATION
Section was formerly classified to section 3796hh 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.
PRIOR PROVISIONS
A prior section 2101 of Pub. L. 90–351 was renumbered
section 2601 and is classified to section 10541 of this
title.
AMENDMENTS
2022—Subsec. (a). Pub. L. 117–103, § 102(b)(1), added
subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: ‘‘The purpose of this
subchapter is to encourage States, Indian tribal gov-
ernments, State and local courts (including juvenile
courts), tribal courts, and units of local government to
treat domestic violence, dating violence, sexual as-
sault, and stalking as serious violations of criminal
law.’’
Subsec. (b)(1). Pub. L. 117–103, § 102(b)(2)(A), sub-
stituted ‘‘offender accountability and homicide reduc-
tion’’ for ‘‘proarrest’’.
Subsec. (b)(5). Pub. L. 117–103, § 102(b)(2)(B), sub-
stituted ‘‘legal advocacy and legal assistance pro-
grams’’ for ‘‘legal advocacy service programs’’.
Subsec. (b)(8). Pub. L. 117–103, § 102(b)(2)(C), sub-
stituted ‘‘individuals 50 years of age or over, Deaf indi-
viduals,’’ for ‘‘older individuals (as defined in section
3002 of title 42)’’.
Page 151
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10461
Subsec. (b)(19). Pub. L. 117–103, § 102(b)(2)(D), inserted
‘‘, including victims among underserved populations
(as defined in section 12291(a) of this title)’’ before pe-
riod at end.
Subsec. (b)(25), (26). Pub. L. 117–103, § 102(b)(2)(E),
added pars. (25) and (26).
Subsec. (c)(1)(A)(i). Pub. L. 117–103, § 102(b)(3)(A)(i),
substituted ‘‘encourage arrests of domestic violence,
dating violence, sexual assault, and stalking offenders’’
for ‘‘encourage or mandate arrests of domestic violence
offenders’’.
Subsec. (c)(1)(A)(ii). Pub. L. 117–103, § 102(b)(3)(A)(ii),
substituted ‘‘encourage arrest of offenders’’ for ‘‘en-
courage or mandate arrest of domestic violence offend-
ers’’.
Subsec. (c)(1)(F), (G). Pub. L. 117–103, § 102(b)(3)(B),
(C), added subpars. (F) and (G).
2020—Subsec. (b)(23), (24). Pub. L. 116–165 added pars.
(23) and (24).
2013—Subsec. (b). Pub. L. 113–4, § 102(a)(1)(A)(i), in in-
troductory
provisions,
substituted
‘‘grantees’’
for
‘‘States, Indian tribal governments State, tribal, terri-
torial, and local courts (including juvenile courts),, or
units of local government’’.
Subsec. (b)(1). Pub. L. 113–4, § 102(a)(1)(A)(ii), inserted
‘‘and enforcement of protection orders across State and
tribal lines’’ before period at end.
Subsec. (b)(2). Pub. L. 113–4, § 102(a)(1)(A)(iii), sub-
stituted ‘‘data collection systems, and training in po-
lice departments to improve tracking of cases and clas-
sification of complaints’’ for ‘‘and training in police de-
partments to improve tracking of cases’’.
Subsec. (b)(4). Pub. L. 113–4, § 102(a)(1)(A)(iv), inserted
‘‘and provide the appropriate training and education
about domestic violence, dating violence, sexual as-
sault, and stalking’’ after ‘‘computer tracking sys-
tems’’.
Subsec. (b)(5). Pub. L. 113–4, § 102(a)(1)(A)(v), inserted
‘‘and other victim services’’ after ‘‘legal advocacy serv-
ice programs’’.
Subsec. (b)(6). Pub. L. 113–4, § 102(a)(1)(A)(vi), sub-
stituted ‘‘Federal, State, tribal, territorial, and local
judges, courts, and court-based and court-related per-
sonnel’’ for ‘‘judges’’.
Subsec. (b)(8). Pub. L. 113–4, § 102(a)(1)(A)(vii), sub-
stituted ‘‘dating violence, sexual assault, and stalking’’
for ‘‘and sexual assault’’.
Subsec. (b)(10). Pub. L. 113–4, § 102(a)(1)(A)(viii), sub-
stituted ‘‘victim service providers, staff from popu-
lation specific organizations,’’ for ‘‘non-profit, non-gov-
ernmental victim services organizations,’’.
Subsec. (b)(14) to (22). Pub. L. 113–4, § 102(a)(1)(A)(ix),
added pars. (14) to (22).
Subsec. (c). Pub. L. 113–4, § 102(a)(1)(B)(vi), (vii), sub-
stituted ‘‘grantees are—’’ for ‘‘grantees are’’, inserted
par. (1) designation before ‘‘States’’, struck out second
comma after ‘‘(including juvenile courts)’’, and redesig-
nated former pars. (1) to (5) as subpars. (A) to (E), re-
spectively, of par. (1).
Subsec. (c)(1). Pub. L. 113–4, § 102(a)(1)(B)(i), inserted
‘‘except for a court,’’ before ‘‘certify’’ in introductory
provisions and redesignated subpars. (A) and (B) as cls.
(i) and (ii), respectively.
Subsec. (c)(2). Pub. L. 113–4, § 102(a)(1)(B)(viii), added
par. (2). Former par. (2) redesignated subpar. (B) of par.
(1).
Pub. L. 113–4, § 102(a)(1)(B)(ii), inserted ‘‘except for a
court,’’ before ‘‘demonstrate’’.
Subsec. (c)(3). Pub. L. 113–4, § 102(a)(1)(B)(iii), sub-
stituted ‘‘parties’’ for ‘‘spouses’’ in two places and sub-
stituted ‘‘party’’ for ‘‘spouse’’.
Subsec. (c)(4). Pub. L. 113–4, § 102(a)(1)(B)(iv), inserted
‘‘, dating violence, sexual assault, or stalking’’ after
‘‘felony domestic violence’’, ‘‘modification, enforce-
ment, dismissal,’’ after ‘‘registration,’’ in two places,
and ‘‘dating violence,’’ after ‘‘victim of domestic vio-
lence,’’ and struck out ‘‘and’’ at end.
Subsec. (c)(5). Pub. L. 113–4, § 102(a)(1)(B)(v), struck
out ‘‘, not later than 3 years after January 5, 2006’’
after ‘‘certify that’’ in introductory provisions, in-
serted ‘‘, trial of, or sentencing for’’ after ‘‘investiga-
tion of’’ in two places, redesignated subpars. (A) and (B)
as cls. (i) and (ii), respectively, substituted ‘‘clause (i)’’
for ‘‘subparagraph (A)’’ in cl. (ii) as redesignated, and
substituted ‘‘; and’’ for period at end.
Subsec. (d)(1). Pub. L. 113–4, § 102(a)(1)(C)(i)(I), in-
serted ‘‘, policy,’’ after ‘‘law’’ in introductory provi-
sions.
Subsec. (d)(1)(A). Pub. L. 113–4, § 102(a)(1)(C)(i)(II), in-
serted ‘‘and the defendant is in custody or has been
served with the information or indictment’’ before
semicolon at end.
Subsec. (d)(2). Pub. L. 113–4, § 102(a)(1)(C)(ii), sub-
stituted ‘‘its’’ for ‘‘it’’ in introductory provisions.
Subsecs. (f), (g). Pub. L. 113–4, § 102(a)(1)(D), added
subsecs. (f) and (g).
2006—Subsec. (a). Pub. L. 109–162, § 102(b)(1), sub-
stituted ‘‘to treat domestic violence, dating violence,
sexual assault, and stalking as serious violations’’ for
‘‘to treat domestic violence as a serious violation’’.
Subsec. (b). Pub. L. 109–162, § 102(b)(2)(A), inserted
‘‘, tribal, territorial,’’ after ‘‘State’’ in introductory
provisions.
Subsec. (b)(1). Pub. L. 109–162, § 102(b)(2)(B), struck
out ‘‘mandatory arrest or’’ after ‘‘implement’’ and
‘‘mandatory arrest programs and’’ after ‘‘including’’.
Subsec. (b)(2). Pub. L. 109–162, § 102(b)(2)(C), inserted
‘‘protection order registries,’’ after ‘‘educational pro-
grams,’’ and substituted ‘‘domestic violence, dating vi-
olence, sexual assault, and stalking. Policies, edu-
cational 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’’ for ‘‘domestic violence and dating violence’’.
Subsec. (b)(3). Pub. L. 109–162, § 102(b)(2)(D), sub-
stituted ‘‘domestic violence, dating violence, sexual as-
sault, and stalking cases’’ for ‘‘domestic violence
cases’’ and ‘‘teams’’ for ‘‘groups’’.
Subsec. (b)(5). Pub. L. 109–162, § 102(b)(2)(E), sub-
stituted ‘‘domestic violence, dating violence, sexual as-
sault, and stalking’’ for ‘‘domestic violence and dating
violence’’.
Subsec. (b)(6). Pub. L. 109–162, § 102(b)(2)(F), sub-
stituted ‘‘civil’’ for ‘‘other’’ and inserted ‘‘, dating vio-
lence, sexual assault, and stalking’’ after ‘‘domestic vi-
olence’’.
Subsec. (b)(9) to (13). Pub. L. 109–162, § 102(b)(2)(G),
added pars. (9) to (13).
Subsec. (c)(5). Pub. L. 109–162, § 102(b)(3), added par.
(5).
Subsec. (d). Pub. L. 109–162, § 102(b)(4), added subsec.
(d) and struck out heading and text of former subsec.
(d). Text read as follows: ‘‘In this section, the term
‘protection order’ has the meaning given the term in
section 2266 of title 18.’’
Subsec. (e). Pub. L. 109–271 added subsec. (e) and
struck out former subsec. (e) which read as follows:
‘‘Not less than 10 percent of the total amount available
under this section for each fiscal year shall be available
for grants under the program authorized in section
3796gg–10 of this title. The requirements of this sub-
chapter shall not apply to funds allocated for such pro-
gram.’’
Pub. L. 109–162, § 906(c), added subsec. (e) and struck
out former subsec. (e). Prior to amendment, text read
as follows: ‘‘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 In-
dian tribal governments.’’
Pub. L. 109–162, § 102(b)(4), added subsec. (e) and
struck out heading and text of former subsec. (e). Text
read as follows: ‘‘Not less than 5 percent of the total
amount made available for grants under this section
for each fiscal year shall be available for grants to In-
dian tribal governments.’’
2000—Subsec. (a). Pub. L. 106–386, § 1102(b)(1), inserted
‘‘State and local courts (including juvenile courts),
tribal courts,’’ after ‘‘Indian tribal governments,’’.
Subsec. (b). Pub. L. 106–386, § 1102(b)(2)(A), inserted
‘‘State and local courts (including juvenile courts),’’
Page 152
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10462
1 So in original. Probably should be ‘‘section’’.
2 See References in Text note below.
after ‘‘Indian tribal governments’’ in introductory pro-
visions.
Subsec.
(b)(2).
Pub.
L.
106–386,
§§ 1102(b)(2)(B),
1109(c)(1), substituted ‘‘policies, educational programs,
and’’ for ‘‘policies and’’ and inserted ‘‘and dating vio-
lence’’ before period at end.
Subsec. (b)(3), (4). Pub. L. 106–386, § 1102(b)(2)(C), (D),
inserted ‘‘parole and probation officers,’’ after ‘‘pros-
ecutors,’’.
Subsec. (b)(5). Pub. L. 106–386, §§ 1109(c)(2), 1512(b), in-
serted ‘‘and dating violence, including strengthening
assistance to such victims in immigration matters’’ be-
fore period at end.
Subsec. (b)(6). Pub. L. 106–386, § 1101(a)(2)(A), inserted
‘‘(including juvenile courts)’’ after ‘‘courts’’.
Subsec. (b)(7). Pub. L. 106–386, § 1101(a)(2)(B), added
par. (7).
Subsec. (b)(8). Pub. L. 106–386, § 1209(b), added par. (8).
Subsec. (c). Pub. L. 106–386, § 1102(b)(3), inserted
‘‘State and local courts (including juvenile courts),’’
after ‘‘Indian tribal governments’’ in introductory pro-
visions.
Subsec. (c)(4). Pub. L. 106–386, § 1101(b)(2)(A), added
par. (4) and struck out former par. (4) which read as fol-
lows: ‘‘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.’’
Subsec. (d). Pub. L. 106–386, § 1101(b)(2)(B), added sub-
sec. (d).
Subsec. (e). Pub. L. 106–386, § 1102(b)(4), added subsec.
(e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–103 not effective until Oct.
1 of the first fiscal year beginning after Mar. 15, 2022,
see section 4(a) of div. W of Pub. L. 117–103, set out as
an Effective Date note under section 6851 of Title 15,
Commerce and Trade.
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 113–4 not effective until the
beginning of the fiscal year following Mar. 7, 2013, see
section 4 of Pub. L. 113–4, set out as a note under sec-
tion 2261 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by sections 102(b) (except the amend-
ment to subsec. (d) of this section included in that sec-
tion) and 906(c) of Pub. L. 109–162 not effective until the
beginning of fiscal year 2007, see section 4 of Pub. L.
109–162, set out as a note under section 10261 of this
title.
§ 10462. Applications
(a) Application
An eligible grantee shall submit an applica-
tion to the Attorney General that—
(1) contains a certification by the chief exec-
utive officer of the State, Indian tribal govern-
ment, court, or local government entity that
the conditions of section 10461(c) of this title
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 1
10461(c)(4) 2 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;
(3) identifies the agency or office or groups
of agencies or offices responsible for carrying
out the program; and
(4) includes documentation from victim serv-
ice 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 appli-
cants 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 en-
forcement of laws, and prosecution of cases,
involving domestic violence, dating violence,
sexual assault, or stalking, including the en-
forcement of protection orders from other
States and jurisdictions (including tribal ju-
risdictions);
(3) have established cooperative agreements
or can demonstrate effective ongoing collabo-
rative arrangements with neighboring juris-
dictions to facilitate the enforcement of pro-
tection orders from other States and jurisdic-
tions (including tribal jurisdictions); and
(4) in applications describing plans to fur-
ther the purposes stated in paragraph (4) or (7)
of section 10461(b) of this title, will give pri-
ority 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 jurisdic-
tions for the purpose of identifying and track-
ing protection orders and violations of protec-
tion orders, in those jurisdictions where such
systems do not exist or are not fully effective.
(c) Dissemination of information
The Attorney General shall annually compile
and broadly disseminate (including through
electronic publication) information about suc-
cessful data collection and communication sys-
tems that meet the purposes described in this
section. Such dissemination shall target States,
State and local courts, Indian tribal govern-
ments, and units of local government.
(Pub. L. 90–351, title I, § 2102, as added Pub. L.
103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108
Stat. 1933; amended Pub. L. 106–386, div. B, title
I, § 1101(a)(3), (b)(3), Oct. 28, 2000, 114 Stat. 1492,
1493; Pub. L. 109–162, title I, § 102(c), Jan. 5, 2006,
119 Stat. 2977; Pub. L. 113–4, title I, § 102(a)(2),
Mar. 7, 2013, 127 Stat. 72.)
Editorial Notes
REFERENCES IN TEXT
Subsection 10461(c)(4) of this title, referred to in sub-
sec. (a)(1)(B), which probably should be a reference to
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this subchapter is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims.
**(b) Grant authority** The Attorney General may make grants to eligible grantees for the following purposes:
(1) To implement offender accountability and homicide reduction programs and policies in police departments, including policies for protection order violations and enforcement of protection orders across State and tribal lines.
(2) To develop policies, educational programs, protection order registries, data collection systems, and training in police departments to improve tracking of cases and classification of complaints involving 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.
(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence, dating violence, sexual assault, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges.
(4) To coordinate computer tracking systems and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts.
(5) To
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10461
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.