34 U.S.C. § 12361 — Civil rights

Page 359 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12361 to amendment, text of par. (2) read as follows: ‘‘Of the amount made available to carry out this section in any fiscal year, up to 5 percent may be used by the Attor- ney General for evaluation, monitoring, technical as- sistance, salaries and administrative expenses.’’ Subsec. (g)(2)(B). Pub. L. 117–103, § 604(2)(D), sub- stituted ‘‘0.5 percent’’ for ‘‘0.25 percent’’. Subsec. (g)(3). Pub. L. 117–103, § 604(2)(C), redesignated par. (3) as (2). 2013—Pub. L. 113–4, § 602(2)(A), substituted ‘‘victims of domestic violence, dating violence, sexual assault, or stalking’’ for ‘‘child victims of domestic violence, stalking, or sexual assault’’ in section catchline. Subsec. (a)(1). Pub. L. 113–4, § 602(2)(B), struck out ‘‘fleeing’’ before ‘‘a situation’’. Subsec. (b)(3). Pub. L. 113–4, § 602(2)(C), added subpar. (B), redesignated former subpar. (B) as (C), and, in sub- par. (C), struck out ‘‘employment counseling,’’ after ‘‘case management,’’. Subsec. (g)(1). Pub. L. 113–4, § 602(2)(D)(i), which di- rected substitution of ‘‘$35,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$40,000,000 for each of fis- cal years 2007 through 2011’’, was executed by making the substitution for ‘‘$40,000,000 for each of the fiscal years 2007 through 2011’’ to reflect the probable intent of Congress. Subsec. (g)(3)(A). Pub. L. 113–4, § 602(2)(D)(ii)(I), sub- stituted ‘‘qualified’’ for ‘‘eligible’’. Subsec. (g)(3)(D). Pub. L. 113–4, § 602(2)(D)(ii)(II), added subpar. (D). 2006—Subsec. (a). Pub. L. 109–162, § 602(a)(1)(A), (B), in introductory provisions, inserted ‘‘the Department of Housing and Urban Development, and the Department of Health and Human Services,’’ after ‘‘Department of Justice,’’ and ‘‘, including domestic violence and sex- ual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, non- governmental organizations, or community-based and culturally specific organizations, that have a docu- mented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking’’ after ‘‘other organizations’’. Subsec. (a)(1). Pub. L. 109–162, § 602(a)(1)(C), inserted ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘domestic violence’’. Subsec. (b)(1). Pub. L. 109–162, § 602(a)(2)(C), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 109–162, § 602(a)(2)(A), redesig- nated par. (1) as (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 109–162, § 602(a)(2)(A), (B), redes- ignated par. (2) as (3) and inserted ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘violence’’ in intro- ductory provisions. Subsec. (b)(3)(B). Pub. L. 109–162, § 602(a)(2)(D), in- serted ‘‘Participation in the support services shall be voluntary. Receipt of the benefits of the housing assist- ance described in paragraph (2) shall not be conditioned upon the participation of the youth, adults, or their de- pendents in any or all of the support services offered them.’’ at end. Subsec. (c)(1). Pub. L. 109–162, § 602(a)(3), substituted ‘‘24 months’’ for ‘‘18 months’’. Subsec. (d)(2)(B), (C). Pub. L. 109–162, § 602(a)(4), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (e)(2)(A). Pub. L. 109–162, § 602(a)(5)(A), in- serted ‘‘purpose and’’ before ‘‘amount’’. Subsec. (e)(2)(E). Pub. L. 109–162, § 602(a)(5)(B)–(D), added subpar. (E). Subsec. (f)(1). Pub. L. 109–162, § 1135(e), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(4), was repealed by Pub. L. 109–271, §§ 2(d) and 8(b). Pub. L. 109–162, § 3(b)(4), substituted ‘‘shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Ju- diciary of the Senate a report that contains a compila- tion of the information contained in the report sub- mitted under subsection (e) of this section not later than 1 month after the end of each even-numbered fis- cal year.’’ for ‘‘shall annually prepare and submit to the Committee on the Judiciary of the House of Rep- resentatives and the Committee on the Judiciary of the Senate a report that contains a compilation of the in- formation contained in the report submitted under sub- section (e) of this section.’’ Subsec. (g)(1). Pub. L. 109–162, § 602(a)(6)(A)–(C), sub- stituted ‘‘$40,000,000’’ for ‘‘$30,000,000’’, ‘‘2007’’ for ‘‘2004’’, and ‘‘2011’’ for ‘‘2008’’. Subsec. (g)(2). Pub. L. 109–162, § 602(a)(6)(D), (E), sub- stituted ‘‘up to 5 percent’’ for ‘‘not more than 3 per- cent’’ and inserted ‘‘evaluation, monitoring, technical assistance,’’ before ‘‘salaries’’. Subsec. (g)(3)(C). Pub. L. 109–162, § 602(a)(6)(F), added subpar. (C). Subsec. (g)(3)(C)(i). Pub. L. 109–271, § 7(c)(1)(A), added cl. (i) and struck out former cl. (i) which read as fol- lows: ‘‘A minimum of 7 percent of the total amount ap- propriated in any fiscal year shall be allocated to tribal organizations serving adult and youth victims of do- mestic violence, dating violence, sexual assault, or stalking, and their dependents.’’ Subsec. (g)(4). Pub. L. 109–271, § 7(c)(1)(B), struck out par. (4) 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 paragraph shall not apply to funds allocated for such program.’’ Pub. L. 109–162, § 906(e), formerly § 906(f), as renum- bered by Pub. L. 109–271, § 7(b)(2)(B), added par. (4). 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 602(a) and 906(e) 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. TRANSFER OF FUNCTIONS Functions of Office on Women’s Health of the Public Health Service exercised prior to Mar. 23, 2010, trans- ferred to Office on Women’s Health established under section 237a of this title, see section 3509(a)(2) of Pub. L. 111–148, set out as a note under section 237a of Title 42, The Public Health and Welfare. PART C—CIVIL RIGHTS FOR WOMEN § 12361. Civil rights (a) Purpose Pursuant to the affirmative power of Congress to enact this part under section 5 of the Four- teenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitu- tion, it is the purpose of this part to protect the civil rights of victims of gender motivated vio- lence and to promote public safety, health, and activities affecting interstate commerce by es- tablishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender. (b) Right to be free from crimes of violence All persons within the United States shall have the right to be free from crimes of violence Page 360 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12371 1 So in original. The word ‘‘means’’ probably should appear after ‘‘(A)’’ below. motivated by gender (as defined in subsection (d)). (c) Cause of action A person (including a person who acts under color of any statute, ordinance, regulation, cus- tom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in sub- section (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory re- lief, and such other relief as a court may deem appropriate. (d) Definitions For purposes of this section— (1) the term ‘‘crime of violence motivated by gender’’ means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim’s gender; and (2) the term ‘‘crime of violence’’ means— 1 (A) an act or series of acts that would con- stitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of phys- ical injury to another, and that would come within the meaning of State or Federal of- fenses described in section 16 of title 18, whether or not those acts have actually re- sulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and (B) includes an act or series of acts that would constitute a felony described in sub- paragraph (A) but for the relationship be- tween the person who takes such action and the individual against whom such action is taken. (e) Limitation and procedures (1) Limitation Nothing in this section entitles a person to a cause of action under subsection (c) for ran- dom acts of violence unrelated to gender or for acts that cannot be demonstrated, by a pre- ponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)). (2) No prior criminal action Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c). (3) Concurrent jurisdiction The Federal and State courts shall have con- current jurisdiction over actions brought pur- suant to this part. (4) Supplemental jurisdiction Neither section 1367 of title 28 nor subsection (c) of this section shall be construed, by rea- son of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equi- table distribution of marital property, or child custody decree. (Pub. L. 103–322, title IV, § 40302, Sept. 13, 1994, 108 Stat. 1941.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a) and (e)(3), was in the original ‘‘this subtitle’’, meaning subtitle C of title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1941. For complete classification of subtitle C of title IV of Pub. L. 103–322 to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 13981 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section is comprised of section 40302 of Pub. L. 103–322. Subsec. (e)(5) of section 40302 of Pub. L. 103–322 amended section 1445 of Title 28, Judiciary and Judicial Procedure. CONSTITUTIONALITY For information regarding the constitutionality of this section, see the Table of Laws Held Unconstitu- tional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitu- tion.congress.gov. PART D—EQUAL JUSTICE FOR WOMEN IN COURTS SUBPART 1—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS § 12371. Grants authorized The State Justice Institute may award grants for the purpose of developing, testing, pre- senting, and disseminating model programs to be used by States (as defined in section 10701 of title 42) in training judges and court personnel in the laws of the States and by Indian tribes in training tribal judges and court personnel in the laws of the tribes on rape, sexual assault, do- mestic violence, dating violence, and other crimes of violence motivated by the victim’s gender. Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States. (Pub. L. 103–322, title IV, § 40411, Sept. 13, 1994, 108 Stat. 1942; Pub. L. 106–386, div. B, title IV, § 1406(c)(2), (d)(1), Oct. 28, 2000, 114 Stat. 1516.) Editorial Notes CODIFICATION Section was formerly classified to section 13991 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Pub. L. 106–386 inserted ‘‘dating violence,’’ after ‘‘domestic violence,’’ and ‘‘Nothing shall preclude the attendance of tribal judges and court personnel at pro- grams funded under this section for States to train judges and court personnel on the laws of the States.’’ at end.