42 U.S.C. § 3796HH
Section 3796hh · Grants
Viewing 42 U.S.C. § 3796HH as in effect on October 28, 2000. The text changed in 3 later editions (most recent March 7, 2013).
View current version →The purpose of this subchapter is to encourage States, Indian tribal governments, State and local courts (including juvenile courts), tribal courts, and units of local government to treat domestic violence as a serious violation of criminal law.
The Attorney General may make grants to eligible States, Indian tribal governments 1 State and local courts (including juvenile courts),,2 or units of local government for the following purposes:
(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.
(2) To develop policies, educational programs, and training in police departments to improve tracking of cases involving domestic violence and dating violence.
(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, parole and probation officers, or judges.
(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts.
(5) To strengthen legal advocacy service programs for victims of domestic violence and dating violence, including strengthening assistance to such victims in immigration matters.
(6) To educate judges in criminal and other courts (including juvenile courts) about domestic violence and to improve judicial handling of such cases.
(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.
(8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals (as defined in section 3002 of this title) and individuals with disabilities (as defined in section 12102(2) of this title).
Eligible grantees are States, Indian tribal governments 1 State and local courts (including juvenile courts),,2 or units of local government that—
(1) certify that their laws or official policies—
(A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and
(B) encourage or 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 their training programs discourage dual arrests of offender and victim;
(3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; and
(4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction.
In this section, the term “protection order” has the meaning given the term in section 2266 of title 18.
Not less than 5 percent of the total amount made available for grants under this section for each fiscal year shall be available for grants to Indian tribal governments.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 2101 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
Amendments
2000—Subsec. (a). Pub. L. 106–386, §1102(b)(1), inserted “State and local courts (including juvenile courts), tribal courts,” after “Indian tribal governments,”.
Subsec. (b). Pub. L. 106–386, §1102(b)(2)(A), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.
Subsec. (b)(2). Pub. L. 106–386, §§1102(b)(2)(B), 1109(c)(1), substituted “policies, educational programs, and” for “policies and” and inserted “and dating violence” before period at end.
Subsec. (b)(3), (4). Pub. L. 106–386, §1102(b)(2)(C), (D), inserted “parole and probation officers,” after “prosecutors,”.
Subsec. (b)(5). Pub. L. 106–386, §§1109(c)(2), 1512(b), inserted “and dating violence, including strengthening assistance to such victims in immigration matters” before period at end.
Subsec. (b)(6). Pub. L. 106–386, §1101(a)(2)(A), inserted “(including juvenile courts)” after “courts”.
Subsec. (b)(7). Pub. L. 106–386, §1101(a)(2)(B), added par. (7).
Subsec. (b)(8). Pub. L. 106–386, §1209(b), added par. (8).
Subsec. (c). Pub. L. 106–386, §1102(b)(3), inserted “State and local courts (including juvenile courts),” after “Indian tribal governments” in introductory provisions.
Subsec. (c)(4). Pub. L. 106–386, §1101(b)(2)(A), added par. (4) and struck out former par. (4) which read as follows: “certify that their laws, policies, or practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.”
Subsec. (d). Pub. L. 106–386, §1101(b)(2)(B), added subsec. (d).
Subsec. (e). Pub. L. 106–386, §1102(b)(4), added subsec. (e).