|
|
|
10 Different Studies Reveal Women Initiate Domestic Violence More Often Than Men So Congress implements the "Violence Against Women Act"! What about men?
TITLE XVI - VIOLENCE AGAINST WOMEN
SEC. 1600. SHORT TITLE.
This title may be cited as the `Violence Against Women Act of
1994`.
SUBTITLE A - SAFE STREETS FOR WOMEN
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the `Safe Streets for Women Act of
1994`.
SEC. 1602. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) In General . - Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by -
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
(3) adding after part P the following new part:
`PART Q - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
`(a) General Program Purpose . - The purpose of this part is to
assist States, Indian tribes, and other eligible entities to
develop effective law enforcement and prosecution strategies to
combat violent crimes against women.
`(b) Purposes for Which Grants May Be Used . - Grants under this
part shall provide funds for personnel, training, technical
assistance, data collection and other equipment for the more
widespread apprehension, prosecution, and adjudication of persons
committing violent crimes against women to reduce the rate of
violent crime against women and specifically, for the purposes of -
`(1) training law enforcement officers and prosecutors to
identify and respond more effectively to violent crimes against
women, including crimes of sexual assault and domestic
violence;
`(2) developing, training, or expanding units of law
enforcement officers and prosecutors that specifically target
violent crimes against women, including the crimes of sexual
assault and domestic violence;
`(3) developing and implementing more effective police and
prosecution policies, protocols, orders, or services
specifically devoted to the prevention of, identification of,
and response to violent crimes against women, including the
crimes of sexual assault and domestic violence;
`(4) developing, installing, or expanding data collection
systems, including computerized systems, linking police,
prosecutors, and courts or identifying and tracking arrests,
protection orders, prosecutions, and convictions for the crimes
of sexual assault and domestic violence;
`(5) developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence
programs, developing or improving delivery of victim services
to racial, cultural, ethnic, and language minorities, providing
specialized domestic violence court advocates in courts where a
significant number of protective orders are granted, and
increasing reporting and reducing attrition rates for cases
involving violent crimes against women, including crimes of
sexual assault and domestic violence; and
`(6) aiding Indian tribe grantees, exclusively, in financing
the Violence Against Women Act of 1994.
`SEC. 1702. STATE GRANTS.
`(a) General Grants . - The Director of the Bureau of Justice
Assistance (hereinafter in this part referred to as the `Director`)
is authorized to make grants to States, Indian tribes, units of
local government, tribal organizations, and nonprofit
nongovernmental victim services programs in the States or Indian
country.
`(b) Application Requirements . - Applications shall include -
`(1) documentation from prosecution, law enforcement, and
victim services programs to be assisted that demonstrates -
`(A) the need for grant funds;
`(B) the intended use of grant funds; and
`(C) the expected results;
`(2) proof of compliance with the requirements for the
payment of forensic medical exams provided pursuant to section
1603 of the Violence Against Women Act of 1994, except that
Indian tribes are exempt from such requirement; and
`(3) proof of compliance with the requirements for paying
filing and service fees for domestic violence cases pursuant to
section 1604 of the Violence Against Women Act of 1994.
`(c) Qualification . - Upon satisfying the terms of subsection
(b), an eligible entity shall be eligible for funds provided under
this part by -
`(1) certifying that funds received under this part shall be
used for the purposes outlined in section 1701(b);
`(2) certifying that grantees shall develop a plan, implement
such plan, and otherwise consult and coordinate with nonprofit
nongovernmental domestic violence and sexual assault victim
services programs, law enforcement officials, victim advocates,
prosecutors, and defense attorneys;
`(3) providing documentation from the individuals and groups
listed under paragraph (2) regarding their participation in
development of a plan and involvement in the application
process, as well as how such individuals and groups will be
involved in implementation of the plan;
`(4) providing assurances that the plan developed under
paragraph (2) shall meet the needs of racial, cultural, ethnic,
and language minority populations;
`(5) providing assurances that prosecution, law enforcement,
and nonprofit nongovernmental victim services programs in the
community to be served by such plan each receive an equitable
percentage of any funds allocated under this part; and
`(6) providing assurances that any Federal funds received
under this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for
activities funded under this part.
`(d) Disbursement of Funds . -
`(1) In general . - Not later than 60 days after the receipt
of an application under this part, the Director shall either
disburse the appropriate sums provided for under this part or shall
inform the applicant regarding why the application does not conform
to the requirements of this section.
`(2) Responsibility of director . - In disbursing funds
under this part, the Director shall issue regulations -
`(A) to distribute funds equitably on a geographic basis,
including nonurban and rural areas of varying geographic
size; and
`(B) give priority to areas of varying geographic size
with the greatest showing of need based on the availability
of existing domestic violence and sexual assault programs
in the population and geographic area to be served in
relation to the availability of such programs in other such
populations and geographic areas.
`(e) Grantee Reporting . - (1) Not later than March 31 of each
year during which funds are received under this part, the grantee
shall file a performance report with the Director explaining the
activities carried out together with an assessment of the
effectiveness of such activities in achieving the purposes of this
part.
`(2) The grantee shall arrange for assessments of the grantee`s
program from all organizations and government entities that were
involved in the design of the grant plan.
`(3) Such assessments must be sent directly to the Director by
the assessing entity.
`(f) Suspension of Funding . - The Director shall suspend
funding for an approved application if -
`(1) an applicant fails to submit an annual performance
report;
`(2) funds provided under this part are expended for purposes
other than those set forth under this part; or
`(3) grant reports or accompanying assessments demonstrate to
the Director that the program is ineffective or financially
unsound.
`SEC. 1703. GENERAL DEFINITIONS.
`For purposes of this part -
`(1) the term `domestic violence` means crimes of violence
committed against a victim by a current or former spouse of the
victim, an individual with whom the victim shares a child in
common, an individual who is cohabiting with or has cohabited
with the victim as a spouse, an individual similarly situated
to a spouse, or any other individual who is protected under
domestic or family violence laws of the jurisdiction that
receives a grant under this part;
`(2) the term `eligible entity` means a State, unit of local
government, Indian tribe, and a nonprofit, nongovernmental
victims services program;
`(3) the term `Indian tribe` means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation (as
defined in, or established pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601, et seq.)), which is
recognized as eligible for the special services provided by the
United States to Indians because of their status as Indians;
`(4) the term `Indian country` has the meaning given to such
term by section 1151 of title 18, United States Code;
`(5) the term `sexual assault` means any conduct proscribed
by chapter 109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal prison and
includes both assaults committed by offenders who are strangers
to the victim and assaults committed by offenders who are known
or related by blood or marriage to the victim; and
`(6) the term `victim services program` means a
nongovernmental nonprofit program that assists domestic
violence or sexual assault victims, including nongovernmental
nonprofit organizations such as rape crisis centers, battered
women`s shelters, and other sexual assault and domestic
violence programs, including nonprofit nongovernmental
organizations assisting domestic violence and sexual assault
victims through the legal process.
`SEC. 1704. GENERAL TERMS AND CONDITIONS.
`(a) Nonmonetary Assistance . - In addition to the assistance
provided under section 1702, the Attorney General may request any
Federal agency, with or without reimbursement, to use its
authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) to support State,
tribal, and local assistance efforts under this part.
`(b) Bureau Reporting . - Not later than 180 days after the end
of each fiscal year for which grants are made under this part, the
Director shall submit to the Congress a report that includes, for
each State and Indian tribe -
`(1) the amount of grants made under this part;
`(2) a summary of the purposes for which grants were provided
and an evaluation of progress; and
`(3) an evaluation of the effectiveness of programs
established with funds under this part.`.
(b) Authorization of Appropriations . - Section 1001(a) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), is amended by adding at the end the following:
`(12) There are authorized to be appropriated for each of the
fiscal years 1994 and 1995, $200,000,000 to carry out the purposes
of part Q, with not less than 8 percent of such appropriation
allotted specifically for Indian tribes.`.
(c) Administrative Provisions. - (1) Section 801(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended
by striking `and O` and inserting `O, Q,`.
(2) Section 802(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking `or O` and
inserting `O, Q,`.. - The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by striking the matter relating to part Q
and inserting the following:
`PART Q - GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`Sec. 1701. Purpose of the program and grants.
`Sec. 1702. State grants.
`Sec. 1703. General definitions.
`Sec. 1704. General terms and conditions.
`PART R - TRANSITION; EFFECTIVE DATE; REPEALER
`Sec. 1801. Continuation of rules, authorities, and proceedings.`.
SEC. 1603. RAPE EXAM PAYMENTS.
(a) Restriction of Funds . - No State is entitled to funds under
this title unless the State incurs the full out of pocket cost of
forensic medical exams described in subsection (b) for victims of
sexual assault.
(b) Medical Costs . - A State shall be deemed to incur the full
out of pocket cost of forensic medical exams for victims of sexual
assault if such State -
(1) provides such exams to victims free of charge to the
victim;
(2) arranges for victims to obtain such exams free of charge
to the victims; or
(3) reimburses victims for the cost of such exams, if -
(A) the reimbursement covers the full cost of such exams,
without any deductible requirement or limit on the amount
of a reimbursement;
(B) the State permits victims to apply to the State for
reimbursement for not less than one year from the date of
the exam;
(C) the State provides reimbursement not later than 90
days after written notification of the victim`s expense;
and
(D) the State provides information at the time of the
exam to all victims, including victims with limited or no
English proficiency, regarding how to obtain reimbursement.
SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.
No State is entitled to funds under this title unless the State
certifies that their 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 offender, or that the abused bear the costs associated
with the issuance or service of a warrant, protection order, or
witness subpoena.
SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.
No State is entitled to funds under this title unless the State
can certify that its laws and policies treat sex offenses committed
by offenders who are known to, cohabitants of, social companions
of, or related by blood or marriage to, the victim no less severely
than sex offenses committed by offenders who are strangers to the
victim.
SEC. 1606. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL
ASSAULTS AGAINST WOMEN.
(a) In General . - Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1602, is further amended by -
(1) redesignating part R as part S;
(2) redesignating section 1801 as section 1901;
and
(3) adding after part Q the following new part:
`PART R - RAPE PREVENTION PROGRAMS
`SEC. 1801. GRANT AUTHORIZATION.
`The Director of the Bureau of Justice Assistance (referred to in
this part as the `Director`) is authorized to make grants -
`(1) to provide educational seminars, particularly developed
with emphasis on seminars for elementary and secondary school
age children, designed to develop an awareness of what acts
meet the legal definition of rape;
`(2) to provide programs for elementary and secondary school
age children that teach nonviolent conflict resolution, self
defense, or other relevant skills;
`(3) to operate telephone hotlines for callers with questions
regarding sexual assault and rape;
`(4) to design and disseminate training programs for
professionals, including the development and dissemination of
protocols for the routine identification, treatment, and
appropriate referral of victims of sexual assault by hospital
emergency personnel and other professionals;
`(5) to develop treatment programs for convicted sex
offenders and make such programs available to the local
community and to Federal and State prisons;
`(6) to prepare and disseminate informational materials
designed to educate the community regarding sexual assault and
prevention; and
`(7) to develop other projects to increase awareness and
prevention of sexual assault, including efforts to increase
awareness of sexual assault prevention among racial, ethnic,
cultural and language minorities.
`SEC. 1802. APPLICATIONS.
`(a) In General . - To be eligible to receive a grant under this
part, a duly authorized representative of an eligible entity shall
submit an application to the Director in such form and containing
such information as the Director may reasonably require.
`(b) Assurances . - Each application must contain an assurance
that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
`(c) Required Plan . - Each application shall include a plan
that contains -
`(1) a description of the projects to be developed;
`(2) a description of how funds would be spent;
`(3) a statement of staff qualifications and demonstrated
expertise in the field of rape prevention and education; and
`(4) a statement regarding the ability to serve community
needs and language minority populations in providing ethnically
and culturally and linguistically appropriate programs where
necessary.
`SEC. 1803. REPORTS.
`(a) Grantee Reporting . - Upon completion of the grant period
under this subpart, each grantee shall file a performance report
with the Director explaining the activities carried out together
with an assessment of the effectiveness of such activities in
achieving the purposes of this subpart. The Director shall suspend
funding for an approved application if an applicant fails to submit
an annual performance report.
`(b) Bureau Reporting . - Not later than 180 days after the end
of each fiscal year for which grants are made under this subpart,
the Director shall submit to the Congress a report that includes,
for each grantee -
`(1) the amount of grants made under this subpart;
`(2) a summary of the purposes for which grants were provided
and an evaluation of progress; and
`(3) an evaluation of the effectiveness of programs
established with funds under this part.
`SEC. 1804. DEFINITIONS.
`For purposes of this part -
`(1) the term `eligible entity` means a nonprofit,
nongovernmental organization that directly serves or provides
advocacy on behalf of victims of rape or sexual assault; and
`(2) the term `sexual assault prevention and education` means
education and prevention efforts directed at reducing the
number of sexual assaults.`.
(b) Authorization of Appropriation. - Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), is amended by adding at the end the following:
`(13) There are authorized to be appropriated to carry out the
purposes of part R, $60,000,000 for fiscal year 1994, $75,000,000
for fiscal year 1995, and $100,000,000 for fiscal year 1996.`.
(c) Administrative Provisions. - (1) Section 801(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by section 1602 of this Act, is amended by striking `O, and Q` and
inserting `O, Q, and R`.
(2) Section 802(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by section 1602 of this Act,
is amended by striking `O, or Q` and inserting `O, Q, or R`.
(d) Conforming Amendment . - The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 1602, is amended by striking
the matter relating to part R and inserting the following:
`PART R - RAPE PREVENTION PROGRAMS
`Sec. 1801. Grant authorization.
`Sec. 1802. Applications.
`Sec. 1803. Reports.
`Sec. 1804. Definitions.
`PART S - TRANSITION; EFFECTIVE DATE; REPEALER and proceedings.`.
SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING PROGRAMS.
(a) In General . - The National Institute of Justice, after
consultation with victim advocates and individuals who have
expertise in treating sex offenders, shall establish criteria and
develop training programs to assist probation and parole officers
and other personnel who work with released sex offenders in the
areas of -
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training Programs . - The Director of the National Institute
of Justice shall attempt, to the extent practicable, to make
training programs developed under subsection (a) available in
geographically diverse locations throughout the country.
(c) Authorization of Appropriations . - There is authorized to
be appropriated $1,000,000 for each of the fiscal years 1994 and
1995 to carry out the provisions of this section.
SEC. 1608. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex
offender treatment programs and ensure that information regarding
community treatment programs in the community into which a
convicted sex offender is released is made available to each person
serving a sentence of imprisonment in a Federal penal or
correctional institution for a commission of an offense under
chapter 109A of title 18 of the United States Code or for the
commission of a similar offense, including halfway houses and
psychiatric institutions.
SEC. 1609. VICTIM COMPENSATION.
(a) In General . - Chapter 109A of title 18, United States Code,
is amended by adding at the end the following new section:
`Sec. 2247. Mandatory restitution for sex offenses
`(a) In General . - Notwithstanding section 3663 of this title,
and in addition to any other civil or criminal penalty authorized
by law, the court shall order restitution for any offense under
this chapter.
`(b) Scope and Nature of Order. -
`(1) In general . - The order of restitution under this
section shall direct that -
`(A) the defendant pay to the victim the full amount of
the victim`s losses as determined by the court, pursuant to
paragraph (3) of this subsection; and
`(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
`(2) Definitions . - As used in this subsection, 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) lost income;
`(D) attorneys` fees, plus any costs incurred in
obtaining a civil protection order;
`(E) temporary housing;
`(F) transportation;
`(G) necessary child care;
`(H) language translation services; and
`(I) any other losses suffered by the victim as a
proximate result of the offense.
`(3) Mandatory nature of order . - (A) Restitution orders
under this section are mandatory. A court may not decline to issue
an order under this section because of -
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
`(B) Subparagraph (A) of this paragraph does not apply if -
`(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any amount of a restitution order in the
foreseeable future (under any reasonable schedule of
payments); and
`(ii) the court enters in its order the amount of the
victim`s losses, and provides a nominal restitution award.
`(4) Consideration of economic circumstances . -
`(A) In general . - Notwithstanding paragraph (3) of
this subsection, the court may take into account the economic
circumstances of the defendant in determining the manner in which
and the schedule according to which the restitution is to be paid,
including -
`(i) the financial resources and other assets of the
defendant;
`(ii) projected earnings, earning capacity, and other
income of the defendant; and
`(iii) any financial obligations of the defendant,
including obligations to dependents.
`(B) Lump-sum or partial payment . - An order under this
section may direct the defendant to make a single lump-sum payment
or partial payments at specified intervals. The order shall also
provide that the defendant`s restitutionary obligation takes
priority over any criminal fine ordered.
`(5) Setoff . - Any amount paid to a victim under this
section shall be set off against any amount later recovered as
compensatory damages by the victim from the defendant in -
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided
by the law of the State.
`(c) Proof of Claim . -
`(1) In general . - Within 60 days after conviction and, in
any event, no later than 10 days prior to sentencing, the United
States Attorney (or delegate), after consulting with the victim,
shall prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affidavit
shall be signed by the United States Attorney (or delegate) and the
victim. Should the victim object to any of the information
included in the affidavit, the United States Attorney (or delegate)
shall advise the victim that the victim may file a separate
affidavit.
`(2) Objections . - If, after notifying the defendant of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) of
this subsection shall be entered in the court`s restitution order.
If objection is raised, the court may require the victim or the
United States Attorney (or such Attorney`s delegate) to submit
further affidavits or other supporting documents, demonstrating the
victim`s losses.
`(3) Additional documentation and testimony . - If the court
concludes, after reviewing the supporting documentation and
considering the defendant`s objections, that there is a substantial
reason for doubting the authenticity or veracity of the records
submitted, the court may require additional documentation or hear
testimony on those questions. The privacy of any records filed, or
testimony heard, pursuant to this section, shall be maintained to
the greatest extent possible.
`(4) Final determination of losses . - In the event that the
victim`s losses are not ascertainable 10 days prior to sentencing
as provided in subsection (c)(1) of this section, the United States
Attorney (or delegate) shall so inform the court, and the court
shall set a date for the final determination of the victim`s
losses, not to exceed 90 days after sentencing. If the victim
subsequently discovers further losses, the victim shall have 60
days after discovery of those losses in which to petition the court
for an amended restitution order. Such order may be granted only
upon a showing of good cause for the failure to include such losses
in the initial claim for restitutionary relief.`.
(b) Table of Sections . - The table of sections at the beginning
of chapter 109A of title 18, United States Code, is amended by
adding at the end the following:
`2247. Mandatory restitution for sex offenses.`.
SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.
(a) Study. - The Attorney General shall provide for a national
baseline study to examine the scope of the problem of campus sexual
assaults and the effectiveness of institutional and legal policies
in addressing such crimes and protecting victims. The Attorney
General may utilize the Bureau of Justice Statistics, the National
Institute of Justice, and the Office for Victims of Crime in
carrying out this section.
(b) Report. - Based on the study required by subsection (a), the
Attorney General shall prepare a report including an analysis of -
(1) the number of reported allegations and estimated number
of unreported allegations of campus sexual assaults, and to
whom the allegations are reported (including authorities of the
educational institution, sexual assault victim service
entities, and local criminal authorities);
(2) the number of campus sexual assault allegations reported
to authorities of educational institutions which are reported
to criminal authorities;
(3) the number of campus sexual assault allegations that
result in criminal prosecution in comparison with the number of
noncampus sexual assault allegations that result in criminal
prosecution;
(4) Federal and State laws or regulations pertaining
specifically to campus sexual assaults;
(5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and
protecting victims, including consideration of -
(A) the security measures in effect at educational
institutions, such as utilization of campus police and
security guards, control over access to grounds and
buildings, supervision of student activities and student
living arrangements, control over the consumption of
alcohol by students, lighting, and the availability of
escort services;
(B) the articulation and communication to students of the
institution`s policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage
the reporting of campus sexual assaults to local criminal
authorities, or that may otherwise obstruct justice or
interfere with the prosecution of perpetrators of campus
sexual assaults;
(D) the nature and availability of victim services for
victims of campus sexual assaults;
(E) the ability of educational institutions` disciplinary
processes to address allegations of sexual assault
adequately and fairly;
(F) measures that are taken to ensure that victims are
free of unwanted contact with alleged assailants, and
disciplinary sanctions that are imposed when a sexual
assault is determined to have occurred; and
(G) the grounds on which educational institutions are
subject to lawsuits based on campus sexual assaults, the
resolution of these cases, and measures that can be taken
to avoid the likelihood of lawsuits;
(6) an assessment of the policies and practices of
educational institutions that are most effective in addressing
campus sexual assaults and protecting victims, including
policies and practices relating to the particular issues
described in paragraph (5); and
(7) any recommendations the Attorney General may have for
reforms to address campus sexual assaults and protect victims
more effectively, and any other matters that the Attorney
General deems relevant to the subject of the study and report
required by this section.
(c) Submission of Report . - The report required by subsection
(b) shall be submitted to the Committees on Education and Labor and
the Judiciary of the House of Representatives and the Committees on
Labor and Human Resources and the Judiciary of the Senate not later
than September 1, 1995.
(d) Definition . - For purposes of this subtitle, `campus sexual
assaults` means sexual assaults committed against or by students or
employees of institutions of postsecondary education and occurring
at such institutions or during activities connected with such
institutions.
(e) Authorization of Appropriations . - There is authorized to
be appropriated $200,000 to carry out the study required by this
section.
SUBTITLE B - SAFE HOMES FOR WOMEN
SEC. 1621. SHORT TITLE.
This subtitle may be cited as the `Safe Homes for Women Act`.
SEC. 1622. INTERSTATE ENFORCEMENT.
(a) In General . - Part I of title 18, United States Code, is
amended by inserting after chapter 110 the following new chapter:
`CHAPTER 110A - DOMESTIC VIOLENCE
`Sec. 2261. Interstate domestic violence.
`Sec. 2262. Violation of protection order.
`Sec. 2263. Pretrial release of defendant.
`Sec. 2264. Restitution.
`Sec. 2265. Full faith and credit given to protection orders.
`Sec. 2266. Definitions for chapter.
`Sec. 2261. Interstate domestic violence
`(a) Whoever travels across a State line or enters or leaves
Indian country with the intent to contact that person`s spouse or
intimate partner, and in the course of that contact intentionally
commits a crime of violence and thereby causes bodily injury to
such spouse or intimate partner, shall be punished as provided in
subsection (b) of this section.
`(b) The punishment for a violation of subsection (a) of this
section is a fine under this title, or imprisonment -
`(1) for life or any term of years, if the offender murders
the victim;
`(2) for not more than 20 years, if the offender causes
serious bodily injury to the victim;
`(3) for not more than 10 years, if the offender uses a
dangerous weapon during the offense;
`(4) as provided for the applicable conduct under chapter
109A, if the offense constitutes sexual abuse, as described
under chapter 109A (without regard to whether the offense was
committed in the special maritime and territorial jurisdiction
of the United States or in a Federal prison); and
`(5) for not more than 5 years, in any other case;
or both such fine and imprisonment.
`Sec. 2262. Violation of protection order
`(a) Whoever travels across a State line or enters or leaves
Indian country with the intent to engage in conduct that -
`(1)(A) violates a protection order, any portion of which
involves protection against credible threats of violence,
repeated harassment, or bodily injury, to the person or persons
for whom the protection order was issued, and -
`(B) violates that portion of such protection order; or
`(2) would violate paragraph (1) of this subsection if the
conduct occurred in the jurisdiction in which such order was
issued;
and does engage in such conduct shall be punished as provided in
subsection (b) of this section.
`(b) The punishment for a violation of subsection (a) of this
section is a fine under this title, or imprisonment -
`(1) for life or any term of years, if the offender murders
the victim;
`(2) for not more than 20 years, if the offender causes
serious bodily injury to the victim;
`(3) for not more than 10 years, if the offender uses a
dangerous weapon during the offense;
`(4) as provided for the applicable conduct under chapter
109A, if the offense constitutes sexual abuse, as described
under chapter 109A (without regard to whether the offense was
committed in the special maritime and territorial jurisdiction
of the United States or in a Federal prison); and
`(5) for not more than 5 years, in any other case;
or both such fine and imprisonment.
`Sec. 2263. Pretrial release of defendant
`In any proceeding pursuant to section 3142 of this title for the
purpose of determining whether a defendant charged under this
chapter shall be released pending trial, or for the purpose of
determining conditions of such release, the alleged victim shall be
given an opportunity to be heard regarding the danger posed by the
defendant.
`Sec. 2264. Restitution
`(a) In General . - In addition to any fine or term of
imprisonment provided under this chapter, and notwithstanding the
terms of section 3663 of this title, the court shall order
restitution to the victim of an offense under this chapter.
`(b) Scope and Nature of Order. -
`(1) In general . - The order of restitution under this
section shall direct that -
`(A) the defendant pay to the victim the full amount of
the victim`s losses as determined by the court, pursuant to
paragraph (3) of this subsection; and
`(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
`(2) Definition . - As used in this subsection, 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) lost income; D) attorneys` fees, plus any costs incurred in
obtaining a civil protection order;
`(E) temporary housing;
`(F) transportation;
`(G) necessary child care;
`(H) language translation services; and
`(I) any other losses suffered by the victim as a
proximate result of the offense.
`(3) Mandatory nature of order . - (A) Restitution orders
under this section are mandatory. A court may not decline to issue
an order under this section because of -
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
`(B) Subparagraph (A) of this paragraph does not apply if -
`(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any amount of a restitution order in the
foreseeable future (under any reasonable schedule of
payments); and
`(ii) the court enters in its order the amount of the
victim`s losses, and provides a nominal restitution award.
`(4) Consideration of economic circumstances. -
`(A) In general . - Notwithstanding paragraph (3) of
this subsection, the court may take into account the economic
circumstances of the defendant in determining the manner in which
and the schedule according to which the restitution is to be paid,
including -
`(i) the financial resources and other assets of the
defendant;
`(ii) projected earnings, earning capacity, and other
income of the defendant; and
`(iii) any financial obligations of the offender,
including obligations to dependents.
`(B) Lump-sum or partial payment . - An order under this
section may direct the defendant to make a single lump-sum payment,
or partial payments at specified intervals. The order shall
provide that the defendant`s restitutionary obligation takes
priority over any criminal fine ordered.
`(5) Setoff . - Any amount paid to a victim under this
section shall be setoff against any amount later recovered as
compensatory damages by the victim from the defendant in -
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided
by the law of the State.
`(c) Proof of Claim . -
`(1) In general . - Within 60 days after conviction and, in
any event, no later than 10 days before sentencing, the United
States Attorney (or such Attorney`s delegate), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the
delegate) and the victim. Should the victim object to any of the
information included in the affidavit, the United States Attorney
(or the delegate) shall advise the victim that the victim may file
a separate affidavit and assist the victim in the preparation of
that affidavit.
`(2) Objections . - If, after notifying the defendant of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) of
this subsection shall be entered in the court`s restitution order.
If objection is raised, the court may require the victim or the
United States Attorney (or such Attorney`s delegate) to submit
further affidavits or other supporting documents, demonstrating the
victim`s losses.
`(3) Additional documentation or testimony . - If the court
concludes, after reviewing the supporting documentation and
considering the defendant`s objections, that there is a substantial
reason for doubting the authenticity or veracity of the records
submitted, the court may require additional documentation or hear
testimony on those questions. The privacy of any records filed, or
testimony heard, pursuant to this section, shall be maintained to
the greatest extent possible.
`(4) Final determination of losses . - In the event that the
victim`s losses are not ascertainable 10 days before sentencing as
provided in paragraph (1) of this subsection, the United States
Attorney (or such Attorney`s delegate) shall so inform the court,
and the court shall set a date for the final determination of the
victim`s losses, not to exceed 90 days after sentencing. If the
victim subsequently discovers further losses, the victim shall have
90 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted
only upon a showing of good cause for the failure to include such
losses in the initial claim for restitutionary relief.
`(d) Restitution and Criminal Penalties . - An award of
restitution to the victim of an offense under this chapter is not a
substitute for imposition of punishment under this chapter.
`Sec. 2265. Full faith and credit given to protection orders
`(a) Full Faith and Credit . - Any protection order issued that
is consistent with subsection (b) of this section by the court of
one State or Indian tribe (the issuing State or Indian tribe) shall
be accorded full faith and credit by the court of another State or
Indian tribe (the enforcing State or Indian tribe) and enforced as
if it were the order of the enforcing State or tribe.
`(b) Protection Order . - A protection order issued by a State
or tribal court is consistent with this subsection if -
`(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
`(2) reasonable notice and opportunity to be heard is given
to the person against whom the order is sought sufficient to
protect that person`s right to due process. In the case of ex
parte orders, notice and opportunity to be heard must be
provided within the time required by State or tribal law, and
in any event within a reasonable time after the order is
issued, sufficient to protect the respondent`s due process
rights.
`(c) Cross or Counter Petition . - A protection order issued by
a State or tribal court against one who has petitioned, filed a
complaint, or otherwise filed a written pleading for protection
against abuse by a spouse or intimate partner is not entitled to
full faith and credit if -
`(1) no cross or counter petition, complaint, or other
written pleading was filed seeking such a protection order; or
`(2) a cross or counter petition has been filed and the court
did not make specific findings that each party was entitled to
such an order.
`Sec. 2266. Definitions for chapter
`As used in this chapter -
`(1) the term `spouse or intimate partner` includes -
`(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, a person who cohabits or
has cohabited with the abuser as a spouse, and any other
person similarly situated to a spouse; and
`(B) any other person, other than a minor child, who is
protected by the domestic or family violence laws of the
State in which the injury occurred or where the victim
resides;
`(2) the term `protection order` includes any injunction or
other order issued for the purpose of preventing violent or
threatening acts by one spouse against his or her spouse,
former spouse, or intimate partner, including temporary and
final orders issued by civil and criminal courts (other than
support or child custody orders) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding so long as any civil order was issued in response to
a complaint, petition or motion filed by or on behalf of an
abused spouse or intimate partner;
`(3) the term `State` includes a State of the United States,
the District of Columbia, a commonwealth, territory, or
possession of the United States;
`(4) the term `travel across State lines` does not include
travel across State lines by an individual who is a member of
an Indian tribe when such individual remains at all times in
the territory of the Indian tribe of which the individual is a
member; m` means any act, except one done in
self-defense, that results in physical injury or sexual abuse;
and
`(6) the term `Indian country` has the meaning given to such
term by section 1151 of this title.`.
(b) Table of Chapters . - The table of chapters at the beginning
of part I of title 18, United States Code, is amended by inserting
after the item for chapter 110 the following new item:
`110A. Domestic violence 2261.`.
SEC. 1623. ENCOURAGING ARREST POLICIES.
(a) In General . - Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1606, is further amended by -
(1) redesignating part S as part T;
(2) redesignating section 1901 as section 2001; and
(3) adding after part R the following new part:
`PART S - GRANTS TO ENCOURAGE ARREST POLICIES
`SEC. 1901. ARREST POLICIES.
`(a) General Program Purpose . - The purpose of this part is to
encourage States, Indian tribes, and units of local government to
treat domestic violence as a serious violation of criminal law.
The Director of the Bureau of Justice Assistance may make grants to
eligible States, Indian tribes, or units of local government for
the following:
`(1) To implement mandatory arrest or proarrest programs,
including mandatory arrest programs for protective order
violations.
`(2) To develop policies, and training in police departments
to improve tracking of cases involving domestic violence.
`(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence
cases in groups or units of police officers, prosecutors, or
judges.
`(4) To strengthen legal advocacy service programs for
victims of domestic violence.
`(5) To educate judges in criminal and other courts about
domestic violence and to improve judicial handling of such
cases.
`(b) Eligibility . - Eligible grantees are States, Indian
tribes, or units of local government that -
`(1) certify that their laws or official policies -
`(A)(i) encourage or mandate arrest of domestic violence
offenders based on probable cause that violence has been
committed; or
`(ii) certify that all their law enforcement personnel
have received domestic violence training conducted by a
State Domestic Violence Coalition as defined in section
10410(b) of title 42, United States Code; and
`(B) mandate arrest of domestic violence offenders who
violate the terms of a valid and outstanding protection
order;
`(2) demonstrate that their laws, policies, or practices, and
training programs discourage dual arrests of offender and
victim;
`(3) certify that their laws, policies, and practices
prohibit issuance of mutual restraining orders of protection
except in cases where both spouses file a claim and the court
makes detailed finding of fact indicating that both spouses
acted primarily as aggressors and that neither spouse acted
primarily in self-defense;
`(4) certify that their 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 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; and
`(5) certify that their laws and policies treat sex offenses
committed by offenders who are known to, cohabitants of, or
social companions of or related by blood or marriage to, the
victim no less severely than sex offenses committed by
offenders who are strangers to the victim.
`SEC. 1902. APPLICATIONS.
`(a) Application . - An eligible grantee shall submit an
application to the Director that shall -
`(1) describe plans to implement policies described in
subsection (b);
`(2) identify the agency or office or groups of agencies or
offices responsible for carrying out the program; and
`(3) include documentation from nonprofit, private sexual
assault and domestic violence programs 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 part, the
Director shall give priority to an applicant that -
`(1) does not currently provide for centralized handling of
cases involving domestic violence by policy, prosecutors, and
courts; and
`(2) demonstrates a commitment to strong enforcement of laws,
and prosecution of cases, involving domestic violence.
`SEC. 1903. REPORTS.
`Each grantee receiving funds under this part shall submit a
report to the Director evaluating the effectiveness of projects
developed with funds provided under this part and containing such
additional information as the Director may prescribe.
`SEC. 1904. DEFINITIONS.
`For purposes of this part -
`(1) the term `domestic violence` means a crime of violence
against a victim committed by a current or former spouse of the
victim, an individual with whom the victim shares a child in
common, an individual who cohabits with or has cohabited with
the victim as a spouse, or any other individual similarly
situated to a spouse, or any other person who is protected
under the domestic or family violence laws of the eligible
State, Indian tribe, municipality, or local government entity;
and
`(2) the term `protection order` includes any injunction
issued for the purpose of preventing violent or threatening
acts of domestic violence including temporary and final orders
issued by civil and criminal courts (other than support or
child custody provisions) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding.`.
(b) Authorization of Appropriations. - Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), is amended by adding at the end the following:
`(14) There are authorized to be appropriated $25,000,000 for
each of the fiscal years 1994, 1995, and 1996 to carry out the
purposes of part S.`.
(c) Administrative Provisions. - (1) Section 801(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by section 1606 of this Act, is amended by striking `O, Q, and R`
and inserting `O, Q, R, and S`.
(2) Section 802(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by section 1606 of this Act,
is amended by striking `O, Q, or R` and inserting `O, Q, R, or S`.
(d) Effective Date . - The eligibility requirements provided in
this section shall take effect 1 year after the date of enactment
of this subtitle.
(e) Conforming Amendment . - The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 1606, is further amended by
striking the matter relating to part S and inserting the following:
`PART S - GRANTS TO ENCOURAGE ARREST POLICIES
`Sec. 1901. Arrest policies.
`Sec. 1902. Applications.
`Sec. 1903. Reports.
`Sec. 1904. Definitions.
`PART T - TRANSITION; EFFECTIVE DATE; REPEALER
`Sec. 2001. Continuation of rules, authorities, and proceedings.`.
SUBTITLE C - DOMESTIC VIOLENCE
SEC. 1624. FINDINGS.
The Congress finds that -
(1) domestic violence is the leading cause of injury to women
in the United States between the ages of 15 and 44;
(2) firearms are used by the abuser in 7 percent of domestic
violence incidents and produces an adverse effect on interstate
commerce; and
(3) individuals with a history of domestic abuse should not
have easy access to firearms.
SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT
OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC
ABUSE.
(a) Intimate Partner Defined. - Section 921(a) of title 18,
United States Code, is amended by inserting at the end the
following: rm `intimate partner` means, with respect to a
person, the spouse of the person, a former spouse of the person, an
individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.`.
(b) Prohibition Against Disposal of Firearms. - Section 922(d) of
such title is amended -
(1) by striking `or` at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting `; or`; and
(3) by inserting after paragraph (7) the following:
`(8) is subject to a court order that restrains such person
from harassing, stalking, or threatening an intimate partner of
such person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury, except
that this paragraph shall only apply to a court order that (A)
was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to
participate, and (B) includes a finding that such person
represents a credible threat to the physical safety of such
intimate partner.`.
(c) Prohibition Against Receipt of Firearms. - Section 922(g) of
such title is amended -
(1) by striking `or` at the end of paragraph (6);
(2) by inserting `or` at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
`(8) who is subject to a court order that -
`(A) was issued after a hearing of which such person
received actual or constructive notice, and at which such
person had an opportunity to participate;
`(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury; and
`(C) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner;`.
(d) Storage of Firearms. - Section 926(a) of such title is
amended -
(1) by striking `and` at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting `; and`; and
(3) by inserting after paragraph (2) the following:
`(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 922.`.
(e) Return of Firearms. - Section 924(d)(1) of such title is
amended by striking `the seized` and inserting `or lapse of or
court termination of the restraining order to which he is subject,
the seized or relinquished`.
SEC. 1626. ALIEN SPOUSE PETITIONING RIGHTS FOR IMMEDIATE RELATIVE
OR SECOND PREFERENCE STATUS.
(a) In General . - Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended -
(1) in subparagraph (A) -
(A) by inserting `(i)` after `(A)`,
(B) by redesignating the second sentence as clause (ii),
and
(C) by adding at the end the following new clause:
`(iii) An alien who is the spouse of a citizen of the United
States, who is eligible to be classified as an immediate relative
under section 201(b)(2)(A)(i), and who has resided in the United
States with the alien`s spouse may file a petition with the
Attorney General under this subparagraph for classification of the
alien (and children of the alien) under such section if the alien
demonstrates to the Attorney General that -
`(I) the alien is residing in the United States, the marriage
between the alien and the spouse was entered into in good faith
by the alien, and during the marriage the alien or a child of
the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien`s spouse, or
`(II) the alien is residing in the United States with the
alien`s spouse, the alien has been married to and residing with
the spouse for a period of not less than 3 years, and the
alien`s spouse has failed to file a petition under clause (i)
on behalf of the alien.`; and
(2) in subparagraph (B) -
(A) by inserting `(i)` after `(B)`, and
(B) by adding at the end the following new clause:
`(ii) An alien who is the spouse of an alien lawfully admitted
for permanent residence, who is eligible for classification under
section 203(a)(2)(A), and who has resided in the United States with
the alien`s legal permanent resident spouse may file a petition
with the Attorney General under this subparagraph for
classification of the alien (and children of the alien) under such
section if the alien demonstrates to the Attorney General that the
conditions described in subclause (I) or (II) of subparagraph
(A)(iii) are met with respect to the alien.`.
(b) Conforming Amendments . - (1) Section 204(a)(2) of such Act
(8 U.S.C. 1154(a)(2)) is amended -
(A) in subparagraph (A), by striking `filed by an alien who,`
and inserting `for the classification of the spouse of an alien
if the alien,`, and
(B) in subparagraph (B), by striking `by an alien whose prior
marriage` and inserting `for the classification of the spouse
of an alien if the prior marriage of the alien`.
(2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking `204(a)(1)(A)` and
inserting `204(a)(1)(A)(ii)`.
(c) Survival Rights to Petition. - Section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following new subsection:
`(h) The legal termination of a marriage may not be the basis for
revocation under section 205 of a petition filed under subsection
(a)(1)(A)(iii)(I) or a petition filed under subsection
(a)(1)(B)(ii) pursuant to conditions described in subsection
(a)(1)(A)(iii)(I).`.
(d) Effective Date . - The amendments made by this section shall
take effect January 1, 1994.
SEC. 1627. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(a) In General . - Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting
after the second sentence the following: `In acting on applications
under this paragraph, the Attorney General shall consider any
credible evidence submitted in support of the application (whether
or not the evidence is supported by an evaluation of a licensed
mental health professional). The determination of what evidence is
credible and the weight to be given that evidence shall be within
the sole discretion of the Attorney General.`.
(b) Effective Date . - The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply to applications made before, on, or after such date.
SEC. 1628. SUSPENSION OF DEPORTATION.
Section 244(a) of the Immigration and Nationality Act (8 U.S.C.
1254(a)) is amended -
(1) at the end of paragraph (1) by striking `or`;
(2) at the end of paragraph (2) by striking the period and
inserting `; or`; and
(3) by inserting after paragraph (2) the following:
`(3) is deportable under any law of the United States except
section 241(a)(1)(G) and the provisions specified in paragraph
(2); is physically present in the United States; has been
battered or subjected to extreme cruelty in the United States
by a spouse or parent who is a United States citizen or lawful
permanent resident; and proves that during all of such time in
the United States the alien was and is a person of good moral
character; and is a person whose deportation would, in the
opinion of the Attorney General, result in extreme hardship to
the alien or the alien`s parent or child.`.
SUBTITLE D - MISCELLANEOUS PROVISIONS
SEC. 1641. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) Report . - The Attorney General shall conduct a study of the
means by which abusive spouses may obtain information concerning
the addresses or locations of estranged or former spouses,
notwithstanding the desire of the victims to have such information
withheld to avoid further exposure to abuse. Based on the study,
the Attorney General shall transmit a report to Congress including
-
(1) the findings of the study concerning the means by which
information concerning the addresses or locations of abused spouses may be obtained by abusers; and
(2) analysis of the feasibility of creating effective means
of protecting the confidentiality of information concerning the
addresses and locations of abused spouses to protect such
persons from exposure to further abuse while preserving access
to such information for legitimate purposes.
(b) Use of Components . - The Attorney General may use the
National Institute of Justice and the Office for Victims of Crime
in carrying out this section.
SEC. 1642. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year 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. 1643. ESTABLISHMENT OF TASK FORCE.
Not later than 30 days after the date of enactment of this Act,
the Attorney General shall establish a task force to be known as
the Attorney General`s Task Force on Violence Against Women
(referred to in this subtitle as the `Task Force`).
SEC. 1644. GENERAL PURPOSES OF TASK FORCE.
(a) General Purpose of the Task Force . - The Task Force shall
review Federal, State, and local strategies for preventing and
punishing violent crimes against women, including the enhancement
and protection of the rights of the victims of such crimes, and
make recommendations to improve the response to such crimes.
(b) Functions . - The Task Force shall perform such functions as
the Attorney General deems appropriate to carry out the purposes of
the Task Force, including -
(1) evaluating the adequacy of, and making recommendations
regarding, current law enforcement efforts at the Federal and
State levels to reduce the rate of violent crimes against
women;
(2) evaluating the adequacy of, and making recommendations
regarding, the responsiveness of State prosecutors and State
courts to violent crimes against women;
(3) evaluating the adequacy of State and Federal rules of
evidence, practice, and procedure to ensure the effective
prosecution and conviction of violent offenders against women
and to protect victims from abuse in legal proceedings, making
recommendations, where necessary, to improve those rules;
(4) evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release for crimes that
predominantly affect women, such as rape and domestic violence;
(5) evaluating the adequacy of, and making recommendations
regarding, the adequacy of State and Federal laws on sexual
assault and the need for a more uniform statutory response to
sex offenses, including sexual assaults and other sex offenses
committed by offenders who are known or related by blood or
marriage to the victim;
(6) evaluating the adequacy of, and making recommendations
regarding, the adequacy of State and Federal laws on domestic
violence and the need for a more uniform statutory response to
domestic violence;
(7) evaluating the adequacy of, and making recommendations
regarding, the adequacy of current education, prevention, and
protection services for women victims of violent crimes;
(8) assessing the issuance, formulation, and enforcement of
protective orders, whether or not related to a criminal
proceeding, and making recommendations for their more effective
use in domestic violence and stalking cases;
(9) assessing the problem of stalking and persistent menacing
and recommending an effective Federal response to the problem;
(10) evaluating the adequacy of, and making recommendations
regarding, the national public awareness and the public
dissemination of information essential to the prevention of
violent crimes against women;
(11) evaluating the treatment of women as victims of violent
crime in the State and Federal criminal justice system, and
making recommendations to improve such treatment; and
(12) assessing the problem of sexual exploitation of women
and youths through prostitution and in the production of
pornography, and recommending effective means of response to
the problem.
SEC. 1645. MEMBERSHIP.
(a) Chair; Number and Appointment . - The Task Force shall be
chaired by the Attorney General (or designee). Not later than 60
days after the date of the enactment of this Act, after
consultation with the Secretary of Health and Human Services, the
Secretary of Education, and the Secretary of Housing and Urban
Development, the Attorney General shall select up to 14 other
members to serve on the Task Force.
(b) Participation . - The Attorney General (or designee) shall
select, without regard to political affiliation, members who are
specially qualified to serve on the Task Force based on their
involvement in efforts to combat violence against women, assistance
or service to victims of such violence, or other pertinent
experience or expertise. The Attorney General shall ensure that
the Task Force includes a broad base of participation by including
members with backgrounds in such areas as law enforcement, victim
services and advocacy, legal defense and prosecution, judicial
administration, medical services, and counseling.
(c) Vacancies . - The Attorney General may fill any vacancy that
occurs on the Task Force.
SEC. 1646. TASK FORCE OPERATIONS.
(a) Meetings . - The Task Force shall hold its first meeting on
a date specified by the Attorney General (or designee), but shall
not be later than 60 days after the date of the enactment of this
Act. After the initial meeting, the Task Force shall meet at the
call of the Attorney General (or designee), but shall meet at least
6 times.
(b) Pay . - Members of the Task Force who are officers or
employees or elected officials of a government entity shall receive
no additional compensation by reason of their service on the Task
Force.
(c) Per Diem . - Except as provided in subsection (b), members
of the Task Force shall be allowed travel and other expenses
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under sections 5702 and 5703 of title 5,
United States Code.
SEC. 1647. REPORTS.
(a) In General . - Not later than 1 year after the date on which
the Task Force is fully constituted under section 1645, the Task
Force shall prepare and submit a final report to the President and
to congressional committees that have jurisdiction over legislation
addressing violent crimes against women, including the crimes of
domestic and sexual assault.
(b) Contents . - The final report submitted under paragraph (1)
shall contain a detailed statement of the activities of the Task
Force and of the findings and conclusions of the Task Force,
including such recommendations for legislation and administrative
action as the Task Force considers appropriate.
SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director . -
(1) Appointment . - The Task Force shall have an Executive
Director who shall be appointed by the Attorney General (or
designee), with the approval of the Task Force.
(2) Compensation . - The Executive Director shall be
compensated at a rate not to exceed the maximum rate of the basic
pay payable for a position above GS-15 of the General Schedule
contained in title 5, United States Code.
(b) Staff . - With the approval of the Task Force, the Executive
Director may appoint and fix the compensation of such additional
personnel as the Executive Director considers necessary to carry
out the duties of the Task Force.
(c) Applicability of Civil Service Laws . - The Executive
Director and the additional personnel of the Task Force appointed
under subsection (b) may be appointed without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates.
(d) Consultants . - Subject to such rules as may be prescribed
by the Task Force, the Executive Director may procure temporary or
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed $200 per day.
SEC. 1649. POWERS OF TASK FORCE.
(a) Hearings . - For the purposes of carrying out this subtitle,
the Task Force may conduct such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Task Force considers appropriate. The Task Force may administer
oaths for testimony before the Task Force.
(b) Delegation . - Any member or employee of the Task Force may,
if authorized by the Task Force, take any action that the Task
Force is authorized to take under this subtitle.
(c) Access to Information . - The Task Force may request
directly from any executive department or agency such information
as may be necessary to enable the Task Force to carry out this
subtitle, on the request of the Attorney General (or designee).
(d) Mails . - The Task Force may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$500,000 for fiscal year 1994.
SEC. 1651. TERMINATION.
The Task Force shall cease to exist 30 days after the date on
which its final report is submitted under section 1647.
SEC. 1652. PAYMENT OF COST OF STD TESTING FOR VICTIMS IN SEX
OFFENSE CASES.
Section 503(c)(7) of the Victims` Rights and Restitution Act of
1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the
following: `The Attorney General shall authorize the Director of
the Office of Victims of Crime to provide for the payment of the
cost of up to two tests of the victim for sexually transmitted
diseases, including, but not limited to gonorrhea, herpes,
chlamydia, syphilis, and HIV, during the 12 months following sexual
assaults that pose a risk of transmission, and the cost of a
counseling session by a medically trained professional on the
accuracy of such tests and the risk of transmission of sexually
transmitted diseases to the victim as the result of the assault.`.
SEC. 1653. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Findings. - Congress finds that -
(1) 4,000,000 women are battered by their partners each year,
of which 4,000 die as a result of such abuse;
(2) victims of domestic violence need access to resources
which will refer such victims and their children to safe homes
and shelters; and
(3) there is a need for a national domestic violence hotline
to provide information and assistance to victims of domestic
violence because a privately funded national domestic violence
hotline which handled more than 65,000 crisis calls annually no
longer exists.
(b) In General. - The Attorney General, through the Bureau of
Justice Assistance, shall provide a grant to a nonprofit private
organization to establish and operate a national, toll-free
telephone hotline to provide information and assistance to victims
of domestic violence. A grant provided under this subsection may
extend over a period of not more than 3 fiscal years and the
provision of payments under such grant shall be subject to annual
approval by the Attorney General and subject to the availability of
appropriations for the fiscal year involved to make the payments.
(c) Application . -
(1) In general . - The Attorney General may not provide a
grant under subsection (b) unless an application that meets the
requirements of paragraph (2) has been approved by the Attorney
General.
(2) Requirements . - An application meets the requirements
of this paragraph if the application -
(A) contains such agreements, assurances, and
information, and is in such form and submitted in such
manner as the Attorney General shall prescribe through
notice in the Federal Register;
(B) demonstrates that the applicant has nationally
recognized expertise in the area of domestic violence and a
record of high quality service to victims of domestic
violence, including support from advocacy groups,
particularly State coalitions and recognized national
domestic violence groups;
(C) demonstrates that the applicant has a commitment to
diversity, including the hiring of and provision of
services to ethnic, racial, cultural, and non-English
speaking minorities, in addition to older individuals and
individuals with disabilities;
(D) demonstrates that the applicant has the ability to
integrate the hotline into existing services provided by
the applicant to victims of domestic violence;
(E) includes a complete description of the applicant`s
plan for the establishment and operation of the hotline,
including a description of -
(i) the hiring criteria and training program for
hotline personnel;
(ii) the methods for the creation, maintenance, and
updating of a resource database for the hotline;
(iii) a plan for providing service on a 24-hour-a-day
basis to non-English speaking callers, including
hotline personnel who speak Spanish;
(iv) a plan for access to the hotline by individuals
with hearing impairments; and
(v) a plan for publicizing the availability of the
hotline; and
(F) contains such other information as the Attorney
General may require.
(d) Selection . - The Attorney General shall select a nonprofit
private organization to receive a grant under subsection (b) which
has been in existence for at least 5 years from the date of
submission of the application by the organization.
(e) Uses . - A grant made under subsection (b) shall be used to
establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic
violence. In establishing and operating the hotline, a nonprofit
private organization shall -
(1) contract with a carrier for the use of a toll-free
telephone line;
(2) employ, train, and supervise personnel to answer incoming
calls and provide counseling and referral services to callers
on a 24-hour-a-day basis;
(3) establish, maintain, and update a database of information
relating to services for victims of domestic violence,
including information on the availability of shelters that
serve battered women; and
(4) publicize the hotline to potential users throughout the
United States.
(f) Authorization of Appropriations. -
(1) In general . - There is authorized to be appropriated to
carry out this section $1,000,000 for each of the fiscal years 1994
through 1996.
(2) Availability . - Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.
SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
(a) In General . - Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1623 of this Act, is amended by -
(1) redesignating part T as part U;
(2) redesignating section 2001 as section 2101;
and
(3) adding after part S the following new part:
`PART T - GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
`SEC. 2001. GRANT AUTHORITY.
`The Director shall provide grants to establish projects in local
communities involving many sectors of each community to coordinate
intervention and prevention of domestic violence.
`SEC. 2002. APPLICATIONS.
`(a) In General. - An organization that desires to receive a
grant under this section shall submit to the Director an
application, in such form and in such manner as the Director may
reasonably require that -
`(1) demonstrates that the applicant will serve a community
leadership function, bringing together opinion leaders from
each sector of the community to develop a coordinated community
consensus opposing domestic violence;
`(2) demonstrates a community action component to improve and es through
increased communication and coordination among all affected
sectors;
`(3) includes a complete description of the applicant`s plan
for the establishment and operation of the community project,
including a description of -
`(A) the method for identification and selection of an
administrative committee made up of persons knowledgeable
in domestic violence to oversee the project, hire staff,
assure compliance with the project outline, and secure
annual evaluation of the project;
`(B) the method for identification and selection of
project staff and a project evaluator;
`(C) the method for identification and selection of a
project council consisting of representatives of the
community sectors listed in subsection (b)(2);
`(D) the method for identification and selection of a
steering committee consisting of representatives of the
various community sectors who will chair subcommittees of
the project council focusing on each of the sectors; and
`(E) a plan for developing outreach and public education
campaigns regarding domestic violence; and
`(4) contains such other information, agreements, and
assurances as the Director may require.
`(b) Eligibility . - To be eligible for a grant under this
section, such application shall include -
`(1) an assurance that the applicant is a nonprofit private
organization organized for the purpose of coordinating
community projects for the intervention in and prevention of
domestic violence; and
`(2) an assurance that such nonprofit organization includes
representation from pertinent sectors of the local community,
including -
`(A) health care providers;
`(B) the education community;
`(C) the religious community;
`(D) the justice system;
`(E) domestic violence program advocates;
`(F) human service entities such as State child services
divisions; and
`(G) business and civic leaders.
`SEC. 2003. AWARD OF GRANTS.
`(a) Term . - A grant provided under this section may extend
over a period of not more than 3 fiscal years.
`(b) Conditions on Payment . - Payments under a grant under this
section shall be subject to -
`(1) annual approval by the Director; and
`(2) availability of appropriations.
`(c) Geographical Dispersion . - The Director shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
`SEC. 2004. USES OF FUNDS.
`(a) In General . - A grant made under subsection (a) shall be
used to establish and operate a community project to coordinate
intervention and prevention of domestic violence.
`(b) Requirements . - In establishing and operating a project, a
nonprofit private organization shall -
`(1) establish protocols to improve and expand domestic
violence intervention and prevention strategies among all
affected sectors;
`(2) develop action plans to direct responses within each
community sector that are in conjunction with development in
all other sectors; and
`(3) provide for periodic evaluation of the project with a
written report and analysis to assist application of this
concept in other communities.`.
(b) Authorization of Appropriations . - Section 1001 of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended by
adding at the end the following:
`(15) There are authorized to be appropriated to carry out part T
$20,000,000 for fiscal year 1994 and such sums as are necessary for
each of the fiscal years 1995, 1996, and 1997, to remain available
until expended.`.
(c) Administrative Provisions. - (1) Section 801(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by section 1623 of this Act, is amended by striking `O, Q, R, and
S` and inserting `O, Q, R, S, and T`.
(2) Section 802(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by section 1623 of this Act,
is amended by striking `O, Q, R, or S` and inserting `O, Q, R, S,
or T`.
(d) Conforming Amendment . - The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 1623 of this Act, is amended
by striking the matter relating to part T and inserting the
following:
`PART T - GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
`Sec. 2001. Grant authority.
`Sec. 2002. Applications.
`Sec. 2003. Award of grants.
`Sec. 2004. Uses of funds.`.
SUBTITLE E - EQUAL JUSTICE FOR WOMEN IN THE COURTS
SEC. 1661. GRANTS AUTHORIZED.
The State Justice Institute is authorized to award grants for the
purpose of developing, testing, presenting, and disseminating model
programs to be used by States in training judges and court
personnel in the laws of the States on rape, sexual assault,
domestic violence, and other crimes of violence motivated by
gender.
SEC. 1662. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle may
include current information, existing studies, or current data on -
(1) the nature and incidence of rape and sexual assault by
strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child
sexual abuse;
(3) the physical, psychological, and economic impact of rape
and sexual assault on the victim, the costs to society, and the
implications for sentencing;
(4) the psychology of sex offenders, their high rate of
recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape
and sexual assault;
(6) sex stereotyping of female and male victims of rape and
sexual assault, racial stereotyping of rape victims and
defendants, and the impact of such stereotypes on credibility
of witnesses, sentencing, and other aspects of the
administration of justice;
(7) application of rape shield laws and other limits on
introduction of evidence that may subject victims to improper
sex stereotyping and harassment in both rape and nonrape cases,
including the need for sua sponte judicial intervention in
inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma
syndrome, child sexual abuse accommodation syndrome,
post-traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual
assault, domestic violence, and incest may refuse to testify
against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of
domestic violence on the victim, the costs to society, and the
implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and
victims and the negative implications for court proceedings and
credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic
violence, myths about presence or absence of domestic violence
in certain racial, ethnic, religious, or socioeconomic groups,
and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic
violence;
(15) proper and improper interpretations of the defenses of
self-defense and provocation, and the use of expert witness
testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential impact
of incarceration and other meaningful sanctions for acts of
domestic violence including violations of orders of protection;
(17) economic, psychological, social and institutional
reasons for victims` inability to leave the batterer, to report
domestic violence or to follow through on complaints, including
the influence of lack of support from police, judges, and court
personnel, and the legitimate reasons why victims of domestic
violence may refuse to testify against a defendant and should
not be held in contempt;
(18) the need for orders of protection, and the negative ual orders of protection, dual arrest
policies, and mediation in domestic violence cases; and
(19) recognition of and response to gender-motivated crimes
of violence other than rape, sexual assault and domestic
violence, such as mass or serial murder motivated by the gender
of the victims.
SEC. 1663. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model programs
carried out pursuant to grants made under this subtitle are
developed with the participation of law enforcement officials,
public and private nonprofit victim advocates, legal experts,
prosecutors, defense attorneys, and recognized experts on gender
bias in the courts.
SEC. 1664. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 1994,
$600,000 to carry out the purposes of sections 1661 through 1664.
Of amounts appropriated under this section, the State Justice
Institute shall expend no less than 40 percent on model programs
regarding domestic violence and no less than 40 percent on model
programs regarding rape and sexual assault.
SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND
TRAINING GRANTS.
(a) Study . - In order to gain a better understanding of the
nature and the extent of gender bias in the Federal courts, the
circuit judicial councils are encouraged to conduct studies of the
instances of gender bias in their respective circuits. The studies
may include an examination of the effects of gender on -
(1) the treatment of litigants, witnesses, attorneys, jurors,
and judges in the courts, including before magistrate and
bankruptcy judges;
(2) the interpretation and application of the law, both civil
and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incarceration,
and the nature of supervision of probation, parole, and
supervised release;
(7) appointments to committees of the Judicial Conference and
the courts;
(8) case management and court sponsored alternative dispute
resolution programs;
(9) the selection, retention, promotion, and treatment of
employees;
(10) appointment of arbitrators, experts, and special
masters;
(11) the admissibility of past sexual history in civil and
criminal cases; and
(12) the aspects of the topics listed in section 1662 that
pertain to issues within the jurisdiction of the Federal
courts.
(b) Clearinghouse . - The Judicial Conference of the United
States shall designate an entity within the Judicial Branch to act
as a clearinghouse to disseminate any reports and materials issued
by the gender bias task forces under subsection (a) and to respond
to requests for such reports and materials. The gender bias task
forces shall provide this entity with their reports and related
material.
(c) Model Programs . - The Federal Judicial Center, in carrying
out section 620(b)(3) of title 28, United States Code, shall -
(1) include in the educational programs it presents and
prepares, including the training programs for newly appointed
judges, information on issues related to gender bias in the
courts including such areas as are listed in subsection (a)
along with such other topics as the Federal Judicial Center
deems appropriate;
(2) prepare materials necessary to implement this subsection;
and
(3) take into consideration the findings and recommendations
of the studies conducted pursuant to subsection (a), and to
consult with individuals and groups with relevant expertise in
gender bias issues as it prepares or revises such materials.
SEC. 1666. AUTHORIZATION OF APPROPRIATIONS.
(a) In General . - There is authorized to be appropriated -
(1) $600,000 to the Salaries and Expenses Account of the
Courts of Appeals, District Courts, and other Judicial
Services, to carry out section 1665(a), to be available until
expended through fiscal year 1996;
(2) $100,000 to the Federal Judicial Center to carry out
section 1665(c) and any activities designated by the Judicial
Conference under section 1665(b); and
(3) such sums as are necessary to the Administrative Office
of the United States Courts to carry out any activities
designated by the Judicial Conference under section 1665(b).
(b) The Judicial Conference of the United States . - (1) The
Judicial Conference of the United States Courts shall allocate
funds to Federal circuit courts under this subtitle that -
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a result of such studies
in their own or other circuits, including education and
training.
(2) Funds shall be allocated to Federal circuits under this
subtitle on a first come first serve basis in an amount not to
exceed $100,000 on the first application. If within 6 months after
the date on which funds authorized under this Act become available,
funds are still available, circuits that have received funds may
reapply for additional funds, with not more than $200,000 going to
any one circuit.
SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) Findings . - The Congress finds that -
(1) State criminal courts often fail to admit expert
testimony offered by a defendant concerning the nature and
effect of physical, sexual, and mental abuse to assist the
trier of fact in assessing the behavior, beliefs, or
perceptions of such defendant in a domestic relationship in
which abuse has occurred;
(2) the average juror often has little understanding of the
nature and effect of domestic violence on such a defendant`s
behavior, beliefs, or perceptions, and the lack of
understanding can result in the juror blaming the woman for her
victimization;
(3) the average juror is often unaware that victims of
domestic violence are frequently in greater danger of violence
after they terminate or attempt to terminate domestic
relationships with their abuser;
(4) myths, misconceptions, and victim-blaming attitudes are
often held not only by the average lay person but also by many
in the criminal justice system, insofar as the criminal justice
system traditionally has failed to protect women from violence
at the hands of men;
(5) specialized knowledge of the nature and effect of
domestic violence is sufficiently established to have gained
the general acceptance which is required for the admissibility
of expert testimony;
(6) although both men and women can be victims of physical,
sexual, and mental abuse by their partners in domestic
relationships, the most frequent victims are women; and
(7) a woman is more likely to be assaulted and injured,
raped, or killed by her current or former male partner than by
any other type of assailant, and over one-half of all women
murdered are killed by their current or former male partners.
(b) Sense of Congress . - It is the sense of the Congress that
the executive branch, working through the State Justice Institute,
should examine programs which would allow the States to consider -
(1) that expert testimony concerning the nature and effect of
domestic violence, including descriptions of the experiences of
battered women, be admissible when offered in a State court by
a defendant in a criminal case to assist the trier of fact in
understanding the behavior, beliefs, or perceptions of such
defendant in a domestic relationship in which abuse has
occurred;
(2) that a witness be qualified to testify as an expert
witness based upon her or his knowledge, skill, experience,
training, or education, and be permitted to testify in the form
of an opinion or otherwise; and
(3) that expert testimony about a domestic relationship be
admissible to include testimony of relationships between
spouses, former spouses, cohabitants, former cohabitants,
partners or former partners, and between persons who are in, or
have been in, a dating, courtship, or intimate relationship.
|
               |
|
Modified Tuesday, August 26, 2008 Copyright @ 2007 by Fathers' Manifesto & Christian Party |
