34 U.S.C. § 10462 — Applications

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 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 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. § 10462a. Grants to State and Tribal courts to im- plement protection order pilot programs (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 of- fice; (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 agen- cy 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 exper- tise in the design and management of court case management systems and systems of in- tegration; (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 de- scribed 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 para- graph (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 or- ders through electronic communication methods to— (i) modernize the service process and make the process more effective and effi- cient; (ii) provide for improved safety of vic- tims; and (iii) make protection orders enforceable as quickly as possible; (B) develop best practices relating to the service of protection orders through elec- tronic communication methods; (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other proce- dures 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 re- ceives 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 vari- ety of areas and situations, including, to the ex- tent practicable—