Text: H.R.2334 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2334 IH
102d CONGRESS
1st Session
 H. R. 2334
To further assist States in their efforts to increase awareness about and
prevent family violence and provide immediate shelter and related assistance
to battered women and their children.
IN THE HOUSE OF REPRESENTATIVES
May 14, 1991
Mr. OWENS of Utah introduced the following bill; which was referred jointly
to the Committees on Education and Labor and the Judiciary
A BILL
To further assist States in their efforts to increase awareness about and
prevent family violence and provide immediate shelter and related assistance
to battered women and their children.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Domestic Violence Prevention Act of 1991'.
TITLE I--AMENDMENT OF THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 101. EXPANSION OF PURPOSE.
  Section 302(1) of the Family Violence Prevention and Services Act (42
  U.S.C. 10401(1)) is amended by striking `to prevent' and inserting `to
  increase public awareness about and prevent'.
SEC. 102. EXPANSION OF STATE DEMONSTRATION GRANT PROGRAM.
  Section 303(a)(1) of the Family Violence Prevention and Services Act
  (42 U.S.C. 10402(a)(1)) is amended by striking `to prevent' and inserting
  `to increase public awareness about and prevent'.
SEC. 103. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS.
  The Family Violence Prevention and Services Act is amended by adding at
  the end thereof the following new section:
`GRANTS FOR PUBLIC INFORMATION CAMPAIGNS
  `SEC. 314. (a) The Secretary may make grants to public or private nonprofit
  entities to provide public information campaigns regarding domestic violence
  through the use of public service announcements and informative materials
  that are designed for print media, billboards, public transit advertising,
  electronic broadcast media, and other vehicles for information that shall
  inform the public concerning domestic violence.
  `(b) No grant, contract, or cooperative agreement shall be made or entered
  into under this section unless an application that meets the requirements
  of subsection (c) has been approved by the Secretary.
  `(c) An application submitted under subsection (b) shall--
  `(1) provide such agreements, assurances, and information, be in such
  form and be submitted in such manner as the Secretary shall prescribe
  through notice in the Federal Register, including a description of how the
  proposed public information campaign will target the population at risk,
  including pregnant women;
  `(2) include a complete description of the plan of the application for
  the development of a public information campaign;
  `(3) identify the specific audiences that will be educated, including
  communities and groups with the highest prevalence of domestic violence;
  `(4) identify the media to be used in the campaign and the geographic
  distribution of the campaign;
  `(5) describe plans to test market a development plan with a relevant
  population group and in a relevant geographic area and give assurance
  that effectiveness criteria will be implemented prior to the completion
  of the final plan that will include an evaluation component to measure
  the overall effectiveness of the campaign;
  `(6) describe the kind, amount, distribution, and timing of informational
  messages and such other information as the Secretary may require, with
  assurances that media organizations and other groups with which such
  messages are placed will not lower the current frequency of public service
  announcements; and
  `(7) contain such other information as the Secretary may require.
  `(d) A grant, contract, or agreement made or entered into under this
  section shall be used for the development of a public information campaign
  that may include public service announcements, paid educational messages
  for print media, public transit advertising, electronic broadcast media,
  and any other mode of conveying information that the Secretary determines
  to be appropriate.
  `(e) The criteria for awarding grants shall ensure that an applicant--
  `(1) will conduct activities that educate communities and groups at
  greatest risk;
  `(2) has a record of high quality campaigns of a comparable type; and
  `(3) has a record of high quality campaigns that educate the population
  groups identified as most at risk.'.
SEC. 104. STATE COMMISSIONS ON DOMESTIC VIOLENCE.
  Section 303(a)(2) of the Family Violence Prevention and Services Act
  (42 U.S.C. 10402(a)(2)) is amended--
  (1) by striking `and' of the end of subparagraph (F);
  (2) by redesignating subparagraph (G) as subparagraph (H); and
  (3) by inserting after subparagraph (F) the following new subparagraph:
  `(G) provides assurances that, not later than 1 year after receipt of
  funds, the State shall have established a Commission on Domestic Violence,
  which will include as members representatives of anti-domestic violence
  organizations and whose expenses will be paid out of funds other than
  those dedicated to providing services in domestic violence cases, to
  examine issues including--
  `(i) the use of mandatory arrest of accused offenders;
  `(ii) the adoption of `no-drop' or vertical prosecution policies;
  `(iii) the use of mandatory requirements for presentencing investigations;
  `(iv) the length of time taken to prosecute cases or reach plea agreements;
  `(v) the use of plea agreements;
  `(vi) the testifying by victims at post-conviction sentencing and release
  hearings;
  `(vii) the consistency of sentencing practices;
  `(viii) restitution of victims;
  `(ix) the reporting practices of and significance to be accorded to prior
  convictions (both felonies and misdemeanors); and
  `(x) such other matters as the Commission believes merit investigation.
SEC. 105. INDIAN TRIBES.
  Section 303(b)(1) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402(b)(1)) is amended by striking `is authorized' and inserting
  `shall make no less than $1,000,000 available for'.
SEC. 106. FUNDING LIMITATIONS.
  Section 303(c) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402(c)) is amended by striking `, and' and all that follows through
  `fiscal years'.
SEC. 107. GRANTS TO ENTITIES OTHER THAN STATES; LOCAL SHARE.
  The first sentence of section 303(f) of the Family Violence Prevention
  and Services Act (42 U.S.C. 10402(f)) is amended to read as follows:
  `No demonstration grant may be made under this section to an entity other
  than a State unless the entity provides 50 percent of the funding of the
  program or project funded by the grant.'.
SEC. 108. SHELTER AND RELATED ASSISTANCE.
  Section 303(g) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402(g)) is amended by striking `immediate shelter and related
  assistance to victims of family violence and their dependents' and inserting
  `shelter and related assistance to victims of family violence and their
  dependents, such as--
  `(1) food, shelter, medical services, and counseling with respect to family
  violence, including counseling by peers individually or in groups;
  `(2) transportation, legal assistance, referrals, and technical assistance
  with respect to obtaining financial assistance under Federal and State
  programs;
  `(3) comprehensive counseling about parenting, preventive health (including
  nutrition, exercise, and prevention of substance abuse), educational
  services, employment training, social skills (including communication
  skills), home management, and assertiveness training; and
  `(4) day care services for children who are victims of family violence or
  the dependents of such victims.'.
SEC. 109. LAW ENFORCEMENT TRAINING AND TECHNICAL ASSISTANCE GRANTS.
  Section 311(b) of the Family Violence Protection and Services Act (42
  U.S.C. 10410(b)) is amended by adding at the end thereof the following
  new subparagraph:
  `(C) Training grants may be made under this section only to private nonprofit
  organizations that have experience in providing training and technical
  assistance to law enforcement personnel on a national or regional basis.'.
SEC. 110. FUNDING FOR TECHNICAL ASSISTANCE CENTERS.
  The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is
  amended by inserting after section 308 the following new section:
`SEC. 308A. TECHNICAL ASSISTANCE CENTERS.
  `(a) PURPOSE- The purpose of this section is to provide training and
  technical assistance to State and local domestic violence programs
  and to other professionals who provide services to victims of domestic
  violence. From the sums authorized under this title, the Secretary shall
  provide grants or contracts with public or private non-profit organizations,
  for the establishment and maintenance of one national resource center
  and five regional resource centers serving defined geographic areas. The
  national resource center shall offer resource, policy, and/or training
  assistance to Federal, State, and local agencies on issues pertaining to
  domestic violence, serve a coordinating and resource-sharing function among
  the regions, and maintain a central resource library. The regional resource
  centers shall provide information, training and technical assistance to
  State and local domestic violence services. In addition, each regional
  center shall specialize in a unique area of domestic violence service,
  prevention or law, including one or more of the following:
  `(1) Public awareness and prevention education;
  `(2) Domestic violence related to child custody issues;
  `(3) Domestic violence victim self-defense;
  `(4) Clergy training on family violence;
  `(5) Child abuse and domestic violence;
  `(6) Medical personnel training;
  `(7) Enhancing victims' access to effective legal assistance; and
  `(8) Court-mandated abuser treatment.
  `(b) ELIGIBILITY- Eligible grantees are private non-profit organizations
  that--
  `(1) focus primarily on domestic violence;
  `(2) provide documentation to the Secretary demonstrating experience with
  issues of domestic violence, particularly in the specific area for which
  it is applying;
  `(3) include on its Advisory board representatives from domestic violence
  programs in the region who are geographically and culturally diverse; and
  `(4) demonstrate strong support from domestic violence advocates in the
  region for their designation as the regional resource center.
  `(c) REPORTING- Each grantee receiving funds under this section shall submit
  a report to the Secretary evaluating the effectiveness of the plan described
  and containing such additional information as the Secretary may prescribe.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
  Section 310 of the Family Violence Prevention and Services Act (42
  U.S.C. 10409 et seq.) is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
  `SEC. 310. (a) There are authorized to be appropriated to carry out this
  title, $50,000,000 for each of fiscal years 1991, 1992, and 1993.
  `(b) Of the sums appropriated under subsection (a) for any fiscal year,
  not less than 75 percent shall be used by the Secretary for making grants
  under sections 303 and 314.'.
SEC. 112. REPORT ON RECORDKEEPING.
  Not later than 120 days after the date of enactment of this Act, the
  Attorney General shall complete a study of, and shall submit to Congress
  a report and recommendations on, problems of recordkeeping of criminal
  complaints involving domestic violence. The study and report shall examine--
  (1) the efforts that have been made by the Department of Justice, including
  the Federal Bureau of Investigation, to collect statistics on domestic
  violence; and
  (2) the feasibility of requiring that the relationship between an offender
  and victim be reported in Federal records of crimes of aggravated assault,
  rape, and other violent crimes.
SEC. 113. MODEL STATE LEADERSHIP INCENTIVE GRANTS FOR DOMESTIC VIOLENCE
INTERVENTION.
  The Family Violence Prevention Services Act, as amended by section 103,
  is amended by adding at the end thereof the following new section:
`MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION
  `SEC. 315. (a) The Secretary, in cooperation with the Attorney General,
  shall award grants to States to assist in becoming model demonstration
  States and in meeting the costs of improving State leadership concerning
  activities that will--
  `(1) increase the number of prosecutions for domestic violence crimes;
  `(2) encourage the reporting of incidences of domestic violence; and
  `(3) facilitate `arrests' and `promote aggressive' prosecution policies.
  `(b) To be designated as a model State under subsection (a), a State shall--
  `(1) have in effect a law that requires mandatory arrest of a person that
  police have probable cause to believe has committed an act of domestic
  violence or probable cause to believe has violated an outstanding civil
  protection order;
  `(2) develop and disseminate statewide prosecution policies that--
  `(A) implement model projects that include either--
  `(i) a no-drop prosecution policy; or
  `(ii) a vertical prosecution policy;
  `(B) authorize and encourage prosecutors to pursue cases where a criminal
  case can be proved, including proceeding without the active involvement
  of the victim if necessary; and
  `(C) limit diversion to extraordinary cases, and then only after an
  admission before a judicial officer has been entered;
  `(3) develop and disseminate statewide guidelines for judges that--
  `(A) reduce the automatic issuance of mutual restraining or protective orders
  in cases where only one spouse has sought a restraining or protective order;
  `(B) discourage custody or joint custody orders by spouse abusers; and
  `(C) encourage the understanding of domestic violence as a serious criminal
  offense and not a trivial dispute;
  `(4) develop and disseminate methods to improve the criminal justice system's
  response to domestic violence to make existing remedies as easily available
  as possible to victims of domestic violence, including reducing delay,
  eliminating court fees, and providing easily understandable court forms; and
  `(5) develop and implement a policy requiring prior notification to victims
  of domestic violence of the parole, early release, or work release of
  the offender.
  `(c)(1) There are authorized to be appropriated to make grants under this
  section $25,000,000 for fiscal year 1991 and such sums as may be necessary
  for each of the fiscal years 1992 and 1993.
  `(2) Funds shall be distributed under this section so that no State shall
  receive more than $2,500,000 in each fiscal year under this section.
  `(3) The Secretary shall delegate to the Attorney General the Secretary's
  responsibilities for carrying out this section and shall transfer to the
  Attorney General the funds appropriated under this section for the purpose
  of making grants under this section.'.
TITLE II--LAW ENFORCEMENT, PROSECUTION GRANTS, AND INTERSTATE ENFORCEMENT
SEC. 201. GRANTS TO COMBAT DOMESTIC VIOLENCE.
  Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
  U.S.C. 3701 et seq.) is amended--
  (1) by redesignating part N as part O;
  (2) by redesignating section 1401 as section 1501; and
  (3) by inserting after part M the following new part:
`PART N--GRANTS TO COMBAT DOMESTIC VIOLENCE
`PURPOSE OF PROGRAM
  `SEC. 1401. The purpose of this part is to assist States, cities, and
  other localities in developing effective law enforcement and prosecution
  strategies to combat domestic violence. Grants under this part shall
  be used to provide additional personnel, equipment, training, technical
  assistance, and information systems for the more widespread apprehension,
  prosecution, and adjudication of persons who commit domestic violence,
  and specifically for the purposes of--
  `(1) developing and implementing innovative police techniques for reducing
  the incidence of domestic violence;
  `(2) training law enforcement officers and prosecutors to recognize domestic
  violence and reporting it as such; and
  `(3) developing and training units of law enforcement officers and
  prosecutors specifically devoted to addressing crimes of domestic violence.
`GRANTS
  `SEC. 1402. The Attorney General may make grants to States on a competitive
  basis for the use by States and units of local government in the States,
  for the purpose stated in section 1401, and to reduce the rate of domestic
  violence.
`AMOUNT OF GRANTS
  `SEC. 1403. The amounts of grants under section 1402 shall be no less than--
  `(1) $175,000 to each State; and
  `(2) the portion of the then remaining available moneys to each State that
  results from a distribution among the States on the basis of each State's
  population in relation to the population of all States.
`GRANTEE REPORTING
  `SEC. 1404. Upon completion of a grant period under this part, a grantee
  shall file a performance report with the Attorney General explaining the
  activities carried out and an assessment of the effectiveness of those
  activities in achieving the purposes of this part. The Attorney General
  shall suspend funding for an approved application if an applicant fails
  to submit an annual performance report.
`AUTHORIZATION OF APPROPRIATIONS
  `SEC. 1405. For the purposes of this part there are authorized to be
  appropriated $20,000,000 for each of fiscal years 1991, 1992, 1993,
  and 1994.'.
SEC. 202. INTERSTATE ENFORCEMENT OF SPOUSAL PROTECTION.
  (a) IN GENERAL- Part 1 of title 18, United States Code, is amended by
  inserting after chapter 117 the following new chapter:
`CHAPTER 118--VIOLENCE AGAINST SPOUSES
` 2451. Definitions
  `For the purposes of this chapter--
  `(1) the term `full amount of the victim's losses' means costs incurred
  by the victim for--
  `(A) medical services relating to physical, psychiatric, or psychological
  care;
  `(B) physical and occupational therapy or rehabilitation;
  `(C) any income lost by the victim as a proximate result of the offense; and
  `(D) any other losses suffered by the victim as a proximate result of
  the offense;
  `(2) the term `law concerning domestic or family violence' includes a
  State law that--
  `(A) specifically related to domestic or family violence; or
  `(B) concerns battery, assault, sexual assault, unlawful imprisonment,
  kidnapping, unlawful entry, damage to property, and theft, when the victim
  is the spouse of the offender;
  `(3) the term `protection order' means an injunction issued for the purpose
  of preventing acts of one spouse against another, including temporary
  and final orders issued by civil and criminal courts, whether obtained
  by filing an independent action or obtained as a pendente lite order in
  a separate proceeding;
  `(4) the term `spouse' means a present or former spouse and any other person
  defined as a spouse under, or otherwise protected under, the domestic and
  family violence laws of a State;
  `(5) the term `State' means a State of the United States, the District of
  Columbia, and a commonwealth or possession of the United States; and
  `(6) the term `victim' includes any person who has suffered direct physical,
  emotional, or pecuniary harm as a result of a commission of an offense
  under this chapter, including--
  `(A) in the case of a victim who is under 18 years of age, incompetent or
  incapacitated, the legal guardian of the victim or the victim's estate,
  a member of the victim's family, or any other person designated by the
  court; and
  `(B) in the case of a victim who is deceased, the representatives of the
  victim's estate.
` 2452. Traveling to commit spousal abuse
  `A person who--
  `(1) travels or causes another person (including the intended victim)
  to travel across a State line or in interstate commerce, with the intent
  to injure the person's spouse; and
  `(2) during the course of that travel or while remaining temporarily in the
  State of destination, injures (or causes to be injured) his or her spouse
  or intimate partner in violation of the law of the State of destination
  or any other State with jurisdiction,
shall be fined not more than $1,000, imprisoned not more than 5 years, but not
less than 3 months or both, in addition to any fine or term of imprisonment
provided for under the law of the State in which the injury occurs.
  `(b) If no fine or term of imprisonment is provided for under the law
  of the State where the injury occurs, a person who violates this section
  shall be punished as follows:
  `(1) If permanent disfigurement or life-threatening bodily injury results,
  by imprisonment for not more than 20 years; if serious bodily injury results,
  by fine under this title or imprisonment for not more than 10 years, or
  both; if bodily injury results, by fine under this title or imprisonment
  for not more than 5 years, or both.
  `(2) If the offense is committed with intent to commit another felony,
  by fine under this title or imprisonment for not more than 10 years, or both.
  `(3) If the offense is committed with a dangerous weapon, with intent to
  do bodily harm, by fine under this title or imprisonment for not more than
  5 years, or both.
  `(4) If the offense constitutes sexual abuse, as that conduct is described
  under chapter 109A of title 18, United States Code (without regard to
  whether the offense was committed in the maritime territorial or prison
  jurisdiction of the United States) by fine or term of imprisonment as
  provided for the applicable conduct under chapter 109A.
  `(c) If no fine or term of imprisonment is provided for under the law of
  the State where the injury occurs, the criminal intent of the offender
  required to establish an offense under this section is the general intent
  to do the acts that result in injury to a spouse or intimate partner and
  not the specific intent to violate the law of a State.
` 2453. Interstate violation of protection orders
  `(a) Any person against whom a valid protection order has been entered or
  any agent of that person who--
  `(1) travels or causes another person (including the intended victim)
  to travel across a State line or in interstate commerce; and
  `(2) during the course of that travel or while remaining temporarily in
  the State of destination, violates (or causes to be violated) a valid
  protection order, with the intent to injure his or her partner, shall be
  punished as follows:
  `(A) If permanent disfigurement or life-threatening bodily injury results,
  by imprisonment for not more than 20 years; if serious bodily injury results,
  by fine under this title or imprisonment for not more than 10 years, or
  both; if bodily injury results, by fine under this title or imprisonment
  for not more than 5 years, or both.
  `(B) If the offense is committed with intent to commit another felony,
  by fine under this title or imprisonment for not more than 10 years, or both.
  `(C) If the offense is committed with a dangerous weapon, with intent to
  do bodily harm, by fine under this title or imprisonment for not more than
  5 years, or both.
  `(D) If the offender has previously violated any prior protection order
  issued against that person for the protection of the same victim, by fine
  under this title or imprisonment for not more than 5 years and not less
  than 6 months, or both.
  `(E) If the offense constitutes sexual abuse, as that conduct is described
  under chapter 109A of title 18, United States Code (without regard to
  whether the conduct was committed in the special maritime, territorial or
  prison jurisdiction of the United States) by fine or term of imprisonment
  as provided for the applicable offense under chapter 109A.
` 2454. Interim protection
  `In furtherance of the purposes of this chapter, and to protect against
  domestic violence, a judge or magistrate before whom a criminal case under
  this chapter is brought shall have the power to issue temporary orders of
  protection for the benefit of the abused victim pending final adjudication
  of the case.
` 2455. Restitution
  `(a) In addition to any fine or term of imprisonment provided under this
  chapter, and notwithstanding section 3663, a court shall order restitution
  to the victim of an offense under this chapter.
  `(b)(1) A restitution order under subsection (a) shall direct that--
  `(A) the defendant pay to the victim the full amount of the victim's
  losses; and
  `(B) the United States Attorney enforce the restitution order by all
  available and reasonable means.
  `(2) The issuance of a restitution order under this section is mandatory. A
  court may not decline to issue an order under this section because of--
  `(A) the economic circumstances of the defendant; or
  `(B) the fact that the victim has, or is entitled to, receive compensation
  for injuries from the proceeds of insurance.
  `(3)(A) In formulating a payment schedule under this section, a court may
  take into account the economic circumstances of the defendant, including--
  `(i) the financial resources and other assets of the defendant;
  `(ii) projected earnings and other assets of the defendant; and
  `(iii) any financial obligations of the defendant, including obligations
  to dependents.
  `(B) A restitution order may direct a defendant to make a single lump-sum
  payment, partial payment at specified intervals, or payment in the form
  of services rendered to persons or organizations.
  `(C) If the victim of an offense under this chapter has recovered
  compensation for loss through the proceeds of insurance or any other source,
  the restitution order shall provide that restitution be paid to the person
  that provided the compensation.
  `(4) The amount paid to a victim under a restitution order shall be set off
  against any amount later recovered by the victim as compensatory damages in--
  `(A) a Federal civil proceeding; or
  `(B) a State civil proceeding, to the extent provided by State law.
  `(c) For the purposes of this section, the term `full amount of the victim's
  losses' includes any costs incurred by the victim for--
  `(A) medical services relating to physical, psychiatric, or psychological
  care;
  `(B) physical and occupational therapy or rehabilitation;
  `(C) any income lost by the victim as a proximate result of the offense;
  `(D) attorneys' fees, plus any costs incurred in obtaining a civil protection
  order; and
  `(E) any other losses suffered by the victim as a proximate result of
  the offense.
  `(d) An award of restitution to the victim of an offense under this section
  shall not be a substitute for imposition of punishment under section 2452
  or 2453.
  `(e) Definitions--For purposes of this section, the term `victim' includes
  any person who has suffered direct physical, emotional, or pecuniary harm as
  a result of a commission of a crime under this chapter, including, in the
  case of a victim who is under 18 years of age, incompetent, incapacitated,
  or deceased, the legal guardian of the victim or representative of the
  victim's estate, another family member, or any other person appointed as
  suitable by the court: Provided, That in no event shall the defendant be
  named as such representative or guardian.
` 2456. Full faith and credit for protection orders
  `(a) A protection order described in subsection (b) that is issued by the
  court of a State shall be accorded full faith and credit by the court of
  another State and enforced as if it were the order of the other State.
  `(b)(1) A protection order referred to in subsection (a) is one that is
  issued by a court with jurisdiction over the parties and subject matter,
  under State law, which, except as provided in paragraph (2), is issued
  after the defendant has been accorded reasonable notice and opportunity
  to be heard.
  `(2) A protection order issued ex parte shall be entitled to full faith and
  credit under subsection (a) if the order makes provision for the defendant
  to be accorded reasonable notice and opportunity to be heard sufficient
  to protect that person's right to due process, within the time required
  by State law, and in any event within a reasonable time.
  (b) TABLE OF CHAPTERS- The table of chapters for part 1 of the title 18,
  United States Code, is amended by inserting after the item for chapter
  117 the following:
`CHAPTER 118--VIOLENCE AGAINST SPOUSES
`Sec. 2451. Definitions.
`Sec. 2452. Traveling to commit spousal abuse.
`Sec. 2453. Interstate violation of protection orders.
`Sec. 2454. Interim protection.
`Sec. 2455. Restitution.
`Sec. 2456. Full faith and credit for protection orders.'.
SEC. 203. ARREST IN CASES OF FAMILY VIOLENCE.
  (a) AMENDMENT OF THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT- The
  Family Violence Prevention and Services Act, as amended by section 113,
  is amended by adding at the end thereof the following new section:
`CONDITION TO AWARD OF GRANT
  `SEC. 316. No State or locality shall be awarded a grant under this title if,
  as a matter of law, policy, or practice, it discriminates against victims
  of family violence. An applicant for a grant pursuant to this title shall
  certify that the condition of this section is met, attaching copies of the
  relevant statements of policy or laws. The fact that a State or locality
  permits warrantless arrests based on probable cause for domestic violence
  misdemeanors is sufficient, but not necessary, to establish compliance
  with this section.'.
  (b) AMENDMENT OF THE VICTIMS OF CRIME ACT OF 1984- (1) Section 1404(a)(2)
  of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(2)) is amended--
  (A) by striking `(2) Such' and inserting `(2)(A) Such';
  (B) by redesignating subparagraphs (A), (B), and (C) as clauses (i),
  (ii), and (iii), respectively;
  (C) in clause (ii), as redesignated by subparagraph (B), by striking `and'
  at the end thereof;
  (D) in clause (iii), as redesignated by subparagraph (B), by striking the
  period at the end thereof and inserting `; and';
  (E) by adding after clause (iii), as redesignated by subparagraph (B),
  the following new clause:
  `(iv) certify that the State does not discriminate against victims of
  family violence, as a matter of law, policy, or practice, by discouraging
  or prohibiting the arrest of persons who commit violence against their
  spouse or other family members.'; and
  (F) by adding at the end thereof the following new subparagraph:
  `(B) That a State or locality permits warrantless arrests based on probable
  cause for domestic violence misdemeanors is sufficient, but not necessary,
  to support a certification under subparagraph (A)(iv).'.
  (2) The amendments made by paragraph (1) shall become effective on the
  date that is 1 year after the date of enactment of this Act.
SEC. 204. ARREST POLICIES.
  (a) AMENDMENT OF THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT- The Family
  Violence Prevention and Services Act, as amended by section 112 of this Act,
  is amended by adding at the end thereof the following new section:
`FAIR ARREST POLICIES
  `SEC. 316. (a) To encourage States, Indian Tribes and localities to treat
  spousal violence as a serious violation of criminal law, the Secretary
  may make grants to eligible State and local government entities for the
  purposes of--
  `(1) implementing pro-arrest programs and policies in police departments
  and to improve tracking of cases involving spousal abuse;
  `(2) centralizing and coordinating police enforcement, prosecution, or
  judicial responsibility for, spousal abuse cases in one group or unit of
  police officers, prosecutors, or judges; and
  `(3) educating judges in criminal and other courts about spousal abuse
  and to improve judicial handling of such cases.
  `(b) An eligible State, Indian Tribe, municipality, or local government
  entity is one that certifies that its laws, policies, and practices--
  `(1) mandate arrest of spouse abusers based on probable cause that violence
  has been committed or mandate arrest of spouses violating the terms of
  a valid and outstanding protection order for the benefit of a spouse as
  against the subject of the order; or
  `(2) authorize warrantless arrests for misdemeanors by spouse abusers and
  encourage the use of that authority.
  `(c) demonstrate that their laws and policies discourage `dual' arrests
  of abused and abuser.
  `(d) The Secretary shall delegate to the Attorney General the Secretary's
  responsibilities for carrying out this section and shall transfer to the
  Attorney General from funds appropriated under section 311 not in excess
  of $25,000,000 for each fiscal year to be used for the purpose of making
  grants under this section.
  `(e)(1) An eligible State or local government shall submit an application
  for a grant under this section to the Secretary.
  `(2) An application submitted under paragraph (1) shall--
  `(A) contain a certification by the chief executive officer of the State,
  Indian tribe, municipality, or local government that the conditions stated
  in subsection (b) are met;
  `(B) describe the entity's plans to centralize or increase coordination
  in police departments, prosecutors' offices, or the courts for cases of
  spousal or family violence;
  `(C) identify the agency or office or groups of agencies or offices
  responsible for carrying out the program; and
  `(D) identify goals to be met by the planned increase in centralization
  and coordination.
  `(f) In awarding grants under this section, the Secretary shall give
  priority to an applicant that--
  `(1) does not currently provide for centralized handling of cases involving
  spousal or family violence in any of the areas described in this subsection
  (a) (police, prosecutors, and courts); and
  `(2) demonstrates a commitment to strong enforcement of laws, and prosecution
  of cases, involving spousal or family violence.
  `(g) Each State or local government entity that receives a grant under this
  section shall submit a report to the Secretary evaluating the effectiveness
  of the plan described in subsection (d)(2) and containing such additional
  information as the Secretary may prescribe.
  `(h) Not later than 60 days after the date of enactment of this section, the
  Secretary shall publish proposed regulations implementing this section. No
  later than 120 days after the date of enactment of this section, the
  Secretary shall publish final regulations implementing this section.'.
  (b) EFFECTIVE DATE- The eligibility requirements in the amendments made
  by subsection (a) shall become effective on the date that is 1 year after
  the date of enactment of this Act.

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