34 U.S.C. § 10449 — Rape exam payments

Page 142 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10449 1 So in original. See References in Text note below. facilities, and managerial, technical, and advi- sory services) in support of State, tribal, and local assistance efforts. (b) Reporting Not later than 1 month after the end of each even-numbered fiscal year, the Attorney Gen- eral shall submit to the Committee on the Judi- ciary of the House of Representatives and the Committee on the Judiciary of the Senate a re- port that includes, for each State and for each grantee Indian tribe— (1) the number of grants made and funds dis- tributed under this subchapter; (2) a summary of the purposes for which those grants were provided and an evaluation of their progress; (3) a statistical summary of persons served, detailing the nature of victimization, and pro- viding data on age, sex, relationship of victim to offender, geographic distribution, race, eth- nicity, language, and disability, and the mem- bership of persons served in any underserved population; and (4) an evaluation of the effectiveness of pro- grams funded under this subchapter. (c) Regulations or guidelines Not later than 120 days after September 13, 1994, the Attorney General shall publish pro- posed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines imple- menting this subchapter. (Pub. L. 90–351, title I, § 2009, formerly § 2004, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914; amended Pub. L. 106–386, div. B, title I, § 1103(b)(4), Oct. 28, 2000, 114 Stat. 1497; renumbered § 2009, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, § 3(b)(3), title XI, §§ 1134(b), 1135(c), Jan. 5, 2006, 119 Stat. 2971, 3108, 3109; Pub. L. 109–271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766.) Editorial Notes CODIFICATION Section was formerly classified to section 3796gg–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–162, §§ 1134(b) and 1135(c), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(3), were repealed by Pub. L. 109–271, §§ 2(d) and 8(b). Pub. L. 109–162, § 3(b)(3), substituted ‘‘Not later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall submit’’ for ‘‘Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the At- torney General shall submit’’ in introductory provi- sions. 2000—Subsec. (b)(3). Pub. L. 106–386 inserted ‘‘, and the membership of persons served in any underserved population’’ before the semicolon. § 10449. Rape exam payments (a) Restriction of funds (1) In general A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter 1 unless the State, Indian tribal government, unit of local govern- ment, or another governmental entity— (A) incurs the full out-of-pocket cost of fo- rensic medical exams described in subsection (b) for victims of sexual assault; and (B) coordinates with health care providers in the region to notify victims of sexual as- sault of the availability of rape exams at no cost to the victims. (2) Redistribution Funds withheld from a State or unit of local government under paragraph (1) shall be dis- tributed to other States or units of local gov- ernment pro rata. Funds withheld from an In- dian tribal government under paragraph (1) shall be distributed to other Indian tribal gov- ernments pro rata. (b) Medical costs A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity— (1) provides such exams to victims free of charge to the victim; or (2) arranges for victims to obtain such exams free of charge to the victims. (c) Use of funds A State or Indian tribal government may use Federal grant funds under this subchapter 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 insur- ance carriers. (d) Noncooperation (1) In general To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with sub- section (b) without regard to whether the vic- tim participates in the criminal justice sys- tem or cooperates with law enforcement. (2) Compliance period States, territories, and Indian tribal govern- ments shall have 3 years from the date of en- actment of this Act 1 to come into compliance with this section. (e) Judicial notification (1) In general A State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government— (A) certifies that its judicial administra- tive policies and practices include notifica- tion to domestic violence offenders of the re- quirements delineated in section 922(g)(8) and (g)(9) of title 18 and any applicable re- lated Federal, State, or local laws; or (B) gives the Attorney General assurances that its judicial administrative policies and Page 143 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10450 practices will be in compliance with the re- quirements of subparagraph (A) within the later of— (i) the period ending on the date on which the next session of the State legisla- ture ends; or (ii) 2 years. (2) Redistribution Funds withheld from a State or unit of local government under subsection (a) shall be dis- tributed to other States and units of local gov- ernment, pro rata. (Pub. L. 90–351, title I, § 2010, formerly § 2005, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914; renumbered § 2010, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; amended Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, § 101(f), Jan. 5, 2006, 119 Stat. 2974; Pub. L. 109–271, § 2(j), Aug. 12, 2006, 120 Stat. 753; Pub. L. 113–4, title I, § 101(4), Mar. 7, 2013, 127 Stat. 69.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original ‘‘this subchapter’’, and was translated as reading ‘‘this part’’, meaning part T of title I of Pub. L. 90–351, to reflect the probable intent of Congress. The date of enactment of this Act, referred to in sub- sec. (d)(2), probably means the date of enactment of Pub. L. 113–4, which was approved Mar. 7, 2013. CODIFICATION Section was formerly classified to section 3796gg–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–4, § 101(4)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘A State, Indian tribal gov- ernment, or unit of local government, shall not be enti- tled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of- pocket cost of forensic medical exams described in sub- section (b) of this section for victims of sexual as- sault.’’ Subsec. (b). Pub. L. 113–4, § 101(4)(B), inserted ‘‘or’’ after the semicolon in par. (1), substituted a period for ‘‘; or’’ in par. (2), and struck out par. (3) which related to reimbursement of victims for the cost of exams under certain conditions. Subsec. (d). Pub. L. 113–4, § 101(4)(C), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to a rule of construction and a compliance period. 2006—Subsec. (c). Pub. L. 109–162 added subsec. (c). Subsec. (d). Pub. L. 109–271 designated existing provi- sions as par. (1), inserted par. heading, struck out ‘‘Nothing’’ before ‘‘in this section’’, and added par. (2). Pub. L. 109–162 added subsec. (d). Subsec. (e). Pub. L. 109–162 added subsec. (e). Statutory Notes and Related Subsidiaries 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 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. § 10450. Costs for criminal charges and protec- tion orders (a) In general A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, or unit of local govern- ment— (1) certifies that its laws, policies, and prac- tices do not require, in connection with the prosecution of any misdemeanor or felony do- mestic violence, dating violence, sexual as- sault, or stalking offense, or in connection with the filing, issuance, registration, modi- fication, enforcement, dismissal, withdrawal or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, sexual as- sault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs asso- ciated with the filing, issuance, registration, modification, enforcement, dismissal, with- drawal or service of a warrant, protection order, petition for a protection order, or wit- ness subpoena, whether issued inside or out- side the State, tribal, or local jurisdiction; or (2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of para- graph (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 after October 28, 2000. (b) Redistribution Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata. (c) Definition In this section, the term ‘‘protection order’’ has the meaning given the term in section 2266 of title 18. (Pub. L. 90–351, title I, § 2011, formerly § 2006, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1915; amended Pub. L. 106–386, div. B, title I, § 1101(b)(1), Oct. 28, 2000, 114 Stat. 1492; renumbered § 2011, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 113–4, title I, § 101(5), Mar. 7, 2013, 127 Stat. 69.) Editorial Notes CODIFICATION Section was formerly classified to section 3796gg–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 113–4 inserted ‘‘modifica- tion, enforcement, dismissal, withdrawal’’ after ‘‘reg- istration,’’ in two places and ‘‘, dating violence, sexual