34 U.S.C. § 10451 — Polygraph testing prohibition

Page 144 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10451 1 So in original. Probably should be followed by ‘‘and’’. assault, or stalking’’ after ‘‘felony domestic violence’’ and substituted ‘‘victim of domestic violence, dating violence, sexual assault, or stalking’’ for ‘‘victim of do- mestic violence, stalking, or sexual assault’’. 2000—Pub. L. 106–386, § 1101(b)(1)(A), in section catch- line, substituted ‘‘Costs’’ for ‘‘Filing costs’’ and in- serted ‘‘and protection orders’’ after ‘‘charges’’. Subsec. (a)(1). Pub. L. 106–386, § 1101(b)(1)(B)(i), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘certifies that its laws, policies, and 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 against the domestic violence of- fender, or the costs associated with the issuance or service of a warrant, protection order, or witness sub- poena; or’’. Subsec. (a)(2)(B). Pub. L. 106–386, § 1101(b)(1)(B)(ii), substituted ‘‘2 years after October 28, 2000’’ for ‘‘2 years’’. Subsec. (c). Pub. L. 106–386, § 1101(b)(1)(C), added sub- sec. (c). 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. § 10451. Polygraph testing prohibition (a) In general In order to be eligible for grants under this subchapter, a State, Indian tribal government, territorial government, or unit of local govern- ment shall certify that, not later than 3 years after January 5, 2006, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged 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 pro- ceeding with the investigation of such an of- fense. (b) Prosecution The refusal of a victim to submit to an exam- ination described in subsection (a) shall not pre- vent the investigation, charging, or prosecution of the offense. (Pub. L. 90–351, title I, § 2013, as added Pub. L. 109–162, title I, § 101(g), Jan. 5, 2006, 119 Stat. 2975.) Editorial Notes CODIFICATION Section was formerly classified to section 3796gg–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under section 10261 of this title. § 10452. Grants to Indian tribal governments (a) Grants The Attorney General may make grants to In- dian tribal governments or authorized designees of Indian tribal governments to— (1) develop and enhance effective govern- mental strategies to curtail violent crimes against and increase the safety of Indian women consistent with tribal law and custom; (2) increase tribal capacity to respond to do- mestic violence, dating violence, sexual as- sault, sex trafficking, and stalking crimes against Indian women; (3) strengthen tribal justice interventions including tribal law enforcement, prosecution, courts, probation,1 correctional facilities; (4) enhance services to Indian women victim- ized by domestic violence, dating violence, sexual assault, sex trafficking, and stalking; (5) work in cooperation with the community to develop education and prevention strategies directed toward issues of domestic violence, dating violence, sexual assault, sex traf- ficking, and stalking; (6) provide programs for supervised visita- tion and safe visitation exchange of children in situations involving domestic violence, sex- ual assault, or stalking committed by one par- ent against the other with appropriate secu- rity measures, policies, and procedures to pro- tect the safety of victims and their children; (7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and as- sistance with related expenses such as secu- rity deposits and other costs incidental to re- location to transitional housing, and support services to enable a victim of domestic vio- lence, dating violence, sexual assault, sex traf- ficking, or stalking to locate and secure per- manent housing and integrate into a commu- nity; (8) provide legal assistance necessary to pro- vide effective aid to victims of domestic vio- lence, dating violence, stalking, sex traf- ficking, or sexual assault who are seeking re- lief in legal matters arising as a consequence of that abuse or violence, at minimal or no cost to the victims; (9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex traf- ficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the care- taker of the youth or child; (10) develop and promote legislation and policies that enhance best practices for re- sponding to violent crimes against Indian women, including the crimes of domestic vio- lence, dating violence, sexual assault, sex traf- ficking, and stalking; (11) develop, strengthen, and implement poli- cies, protocols, and training for law enforce- ment regarding cases of missing or murdered Indians, as described in section 5704 of title 25; and