Home > 106th Congressional Bills > H.R. 1248 (ih) To prevent violence against women. [Introduced in House] ...H.R. 1248 (ih) To prevent violence against women. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 1248
_______________________________________________________________________
AN ACT
To prevent violence against women.
106th CONGRESS
2d Session
H. R. 1248
_______________________________________________________________________
AN ACT
To prevent violence against women.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violence Against
Women Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
Sec. 101. Reauthorization.
Sec. 102. Technical amendments.
Sec. 103. State coalition grants.
Sec. 104. Full faith and credit enforcement of protection orders.
Sec. 105. Filing costs for criminal charges
Sec. 106. Elder abuse, neglect, and exploitation.
Subtitle B--National Domestic Violence Hotline
Sec. 111. Reauthorization.
Sec. 112. Technical amendments.
Subtitle C--Battered Women's Shelters and Services
Sec. 121. Short title.
Sec. 122. Authorization of appropriations for family violence
prevention and services.
Sec. 123. FVPSA improvements.
Sec. 124. Transitional housing assistance for victims of domestic
violence.
Subtitle D--Community Initiatives
Sec. 131. Grants for community initiatives.
Subtitle E--Education and Training for Judges and Court Personnel
Sec. 141. Reauthorization.
Subtitle F--Grants To Encourage Arrest Policies
Sec. 151. Reauthorization.
Sec. 152. Technical amendment.
Subtitle G--Rural Domestic Violence and Child Abuse Enforcement
Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
Subtitle H--National Stalker and Domestic Violence Reduction
Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
Subtitle I--Federal Victims' Counselors
Sec. 181. Reauthorization.
Subtitle J--Victims of Child Abuse Programs
Sec. 191. Reauthorization of court-appointed special advocate program.
Sec. 192. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 193. Reauthorization of grants for televised testimony.
Sec. 194. Dissemination of information.
TITLE II--SEXUAL ASSAULT PREVENTION
Sec. 201. Transfer of rape prevention and education program.
Sec. 202. Rape prevention education.
Sec. 203. Sexual assault and interpersonal violence; demonstration
projects.
TITLE III--OTHER DOMESTIC VIOLENCE PROGRAMS
Subtitle A--Strengthening Services to Victims of Violence
Sec. 301. Civil legal assistance for victims.
Subtitle B--Limiting the Effects of Violence on Children
Sec. 305. Safe havens for children pilot program.
Subtitle C--Protections Against Violence and Abuse for Women with
Disabilities
Sec. 310. Findings.
Sec. 311. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 312. Violence Against Women Act.
Sec. 313. Grants for technical assistance.
Subtitle D--Standards, Practice, and Training for Sexual Assault
Examinations
Sec. 315. Short title.
Sec. 316. Standards, practice, and training for sexual assault forensic
examinations.
Subtitle E--Domestic Violence Task Force
Sec. 320. Domestic Violence Task Force.
SEC. 2. DEFINITIONS.
(a) Domestic Violence.--
(1) Omnibus Crime Control and Safe Streets Act.--Section
2003(1) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796gg-2(1)) is amended to read as follows:
``(1) the term `domestic violence' includes acts or threats
of violence, not including acts of self-defense, committed by a
current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabiting with or has cohabited with the victim, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any other
person against a victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction;''.
(2) Omnibus Crime Control and Safe Streets Act.--Section
2105(1) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796hh-4(1)) is amended to read as follows:
``(1) the term `domestic violence' includes acts or threats
of violence, not including acts of self-defense, committed by a
current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabiting with or has cohabited with the victim, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction, or by any other
person against a victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction; and''.
(b) Indian Country.--Section 2003(2) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(1)) is amended to read
as follows:
``(2) the term `Indian country' has the same meaning as is
given such term by section 1151 of title 18, United States
Code;''.
(c) Stalking.--Section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2) is amended by striking the
period at the end of paragraph (8) and inserting a semicolon and by
adding after paragraph (8) the following:
``(9) the term `stalking' means engaging in conduct that is
directed at an individual with the intent to injure and harass
the individual and which places the individual in reasonable
fear of the death of, or serious bodily injury to, that
individual, a member of that individual's immediate family or
that individual's intimate partner;''.
(d) Underserved Populations.--Section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7) is amended
to read as follows:
``(7) the term `underserved populations' includes
populations underserved because of geographic location (such as
rural isolation), underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, or age), and any other
population determined to be underserved by the State planning
process in consultation with the Attorney General;''.
(e) Domestic Violence Coalition.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended
by subsection (c), is amended by adding after paragraph (9) the
following:
``(10) the term `domestic violence coalition' means a
statewide (except in the case of a coalition within lands under
tribal authority) nonprofit, nongovernmental membership
organization of a majority of domestic violence programs within
the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities
provides training and technical assistance to domestic violence
programs within the State, commonwealth, territory, or lands
under military, Federal, or tribal authority;''.
(f) Sexual Assault Coalition.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended
by subsection (e), is amended by adding after paragraph (10) the
following:
``(11) the term `sexual assault coalition' means a
statewide (except in the case of a coalition within lands under
tribal authority) nonprofit, nongovernmental membership
organization of a majority of sexual assault programs within
the State, commonwealth, territory, or lands under military,
Federal, or tribal authority that among other activities
provides training and technical assistance to sexual assault
programs within the State, commonwealth, territory, or lands
under military, Federal, or tribal authority; and''.
(g) Dating Violence.--
(1) Section 2003.--Section 2003 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3996gg-2), as
amended by subsection (f), is amended by adding after paragraph
(11) the following:
``(12) The term `dating violence' means violence committed
by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction
between the persons involved in the
relationship.''.
(2) Section 2105.--Section 2105 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4) is
amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``; and'', and by adding after paragraph (2) the following:
``(3) the term `dating violence' means violence committed
by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) the length of the relationship;
``(ii) the type of relationship; and
``(iii) the frequency of interaction
between the persons involved in the
relationship.''.
TITLE I--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT
Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence
Against Women
SEC. 101. REAUTHORIZATION.
Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by inserting after subparagraph (F) the following:
``(G) $185,000,000 for fiscal year 2001;
``(H) $185,000,000 for fiscal year 2002;
``(I) $185,000,000 for fiscal year 2003;
``(J) $195,000,000 for fiscal year 2004; and
``(K) $195,000,000 for fiscal year 2005.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Grant Allocation.--Section 2002(c)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is
amended to read as follows:
``(3) at least 50 percent is allocated to grants for law
enforcement, prosecution, and State and local court systems and
at least 35 percent is allocated for victim services; and''.
(b) Reallotment.--Section 2002(e) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding
at the end the following new paragraph:
``(3) Reallotment of funds.--
``(A) If, at the end of the 9th month of any fiscal
year for which funds are appropriated under section
1001(a)(18), the amounts made available are unspent or
unobligated, such unspent or unobligated funds shall be
reallotted to the current fiscal year recipients in the
victim services area pursuant to section 2002(c)(3)
proportionate to their original allotment for the
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