Home > 106th Congressional Bills > H.R. 1248 (rh) To prevent violence against women. [Reported in House] ...

H.R. 1248 (rh) To prevent violence against women. [Reported in House] ...


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                                                       Calendar No. 834
106th CONGRESS
  2d Session
                                H. R. 1248


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2000

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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 
                current fiscal year.
                    ``(B) For the first 2 fiscal years following the 
                date of the enactment of the Violence Against Women Act 
                of 2000, the Attorney General may waive the 
                qualification requirements of section 2002(c)(3), at 
                the request of the State and with the support of law 
                enforcement, prosecution, and victim services grantees 
                currently funded under this section, if the 
                reallocation of funds among law enforcement, 
                prosecution, victim services, and State and local court 
                systems mandated by this Act adversely impacts victims 
                of sexual assault, domestic violence, and stalking, due 
                to the reduction of funds to programs and services 
                funded under this section in the prior fiscal year. Any 
                waiver granted under this subparagraph shall not 
                diminish the allocation of any State for victim 
                services.''.
    (c) Expanded Grant Purposes.--Section 2001(b) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
            (1) in paragraph (1), by striking ``sexual assault and 
        domestic violence'' and inserting ``sexual assault, domestic 
        violence, and dating violence'';
            (2) in paragraph (5), by striking ``sexual assault and 

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