34 U.S.C. § 10450 — Costs for criminal charges and protec-

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 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