Union Calendar No. 220

103D CONGRESS

1ST SESSION H. R. 1133

[Report No. 103–395]

A BILL

To combat violence and crimes against women.

NOVEMBER 20, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 220

103D CONGRESS

1ST SESSION H. R. 1133

[Report No. 103–395]

To combat violence and crimes against women.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mrs. SCHROEDER (for herself, Ms. SLAUGHTER, Mr. SCHUMER, Mrs.

MORELLA, Ms. SNOWE, Ms. PELOSI, Ms. NORTON, Mrs. COLLINS of Illinois, Miss COLLINS of Michigan, Mrs. MINK, Mrs. UNSOELD, Ms. KAPTUR, Mrs. LOWEY, Ms. WATERS, Mrs. BYRNE, Mrs. MALONEY, Ms.

VELA ́ZQUEZ, Ms. MCKINNEY, Ms. ESHOO, Ms. SCHENK, Ms. BROWN of

Florida, Mrs. MEYERS of Kansas, Mr. MOAKLEY, Mr. FRANK of Massachusetts, Mr. YATES, Mr. OBERSTAR, Mr. MCDERMOTT, Mr. WILSON,

Mr. LEHMAN, Mr. MAZZOLI, Mr. ANDREWS of Texas, Mr. KREIDLER,

Mr. OLVER, Mr. MILLER of California, Mr. SHAYS, Mr. GUTIERREZ, Mr.

RAMSTAD, Mr. NEAL of Massachusetts, Mr. MEEHAN, Mr. ACKERMAN,

Mr. OWENS, Mr. FROST, Mr. KILDEE, Mr. BILBRAY, Mr. REED, Mr.

BROWN of California, Mr. KOPETSKI, Mr. BILIRAKIS, Mr. EVANS, Mr.

WHEAT, Mr. GEJDENSON, Mr. WISE, Ms. E.B. JOHNSON of Texas, Mr.

DEUTSCH, Mr. LIPINSKI, Mr. FILNER, Mr. ANDREWS of New Jersey, Mr.

SWETT, Mr. ALLARD, Mr. SWIFT, and Mr. WALSH) introduced the following bill; which was referred to the Committee on the Judiciary

AUGUST 23, 1993

Additional sponsors: Mr. LAFALCE, Mr. STUPAK, Mr. SANDERS, Mr. JEFFERSON, Mr. PETERSON of Minnesota, Mr. BRYANT, Mrs. JOHNSON of Connecticut, Mr. FALEOMAVAEGA, Mr. RAVENEL, Mr. MURPHY, Mr. COLEMAN, Mr. DURBIN, Mr. MANTON, Mr. VENTO, Mrs. KENNELLY, Mr.

RANGEL, Mr. HAMILTON, Mr. UPTON, Mr. TOWNS, Mr. COYNE, Mr.

FLAKE, Mr. BECERRA, Mr. BEILENSON, Mrs. MEEK, Mr. HINCHEY, Mr.

CARDIN, Mr. BLACKWELL, Mr. BARRETT of Wisconsin, Mr. DEFAZIO,

Mr. KENNEDY, Mr. FAZIO, Mr. MFUME, Mr. REYNOLDS, Mr. LEWIS of

Georgia, Mr. MORAN, Mr. ABERCROMBIE, Mr. SERRANO, Mr. MCCLOSKEY, Mr. SARPALIUS, Mrs. LLOYD, Mr. ANDREWS of Maine, Mr. HYDE,

Mr. MARKEY, Mr. GIBBONS, Mr. COSTELLO, Mr. FOGLIETTA, Mr.
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SCOTT, Ms. DANNER, Mr. MCHUGH, Mr. CONYERS, Ms. MOLINARI, Ms.

DELAURO, Mrs. CLAYTON, Mr. HASTINGS, Mr. WAXMAN, Mr. BONIOR,

Mr. WASHINGTON, Ms. FURSE, Mr. JOHNSTON of Florida, Mr. BORSKI,

Mr. CARR, Mr. COPPERSMITH, Mr. HOCHBRUECKNER, Mr. TUCKER, Mr.

SABO, Mr. WYDEN, Mr. TORRICELLI, Mr. RUSH, Mr. FRANKS of Connecticut, Mr. LANTOS, Mr. LEVY, Mr. CLEMENT, Mr. LEVIN, Mr.

NADLER, Mr. HAMBURG, Mr. BOUCHER, Mr. MCHALE, Mr. SLATTERY,

Mr. STARK, Mr. POMEROY, Mr. MENENDEZ, Ms. WOOLSEY, Mr.

MACHTLEY, Mr. PALLONE, Mr. DIXON, Mr. WYNN, Mr. FORD of Michigan, Mr. MURTHA, Ms. ROYBAL-ALLARD, Mr. CLAY, Ms. MARGOLIESMEZVINSKY, Mr. STUDDS, Ms. ENGLISH of Arizona, Mr. GILMAN, Mr.

LEACH, Mr. APPLEGATE, Mr. RAHALL, Mr. ENGEL, Mr. DE LUGO, Mr.

PETE GEREN of Texas, Mr. BARTON of Texas, Mr. CRAMER, Mr. JOHNSON of South Dakota, Mrs. THURMAN, Mr. ENGLISH of Oklahoma, Mr.

HOYER, Mr. PASTOR, Mr. ORTON, Mr. FORD of Tennessee, Mr.

POSHARD, Mr. GILCHREST, Mr. MOLLOHAN, Ms. SHEPHERD, Mr. VISCLOSKY, Mr. MINETA, Mr. SANGMEISTER, Mr. MARTINEZ, Mr. STOKES,

Mr. VALENTINE, Mr. PAYNE of New Jersey, Mr. MINGE, Mr. GUNDERSON, Mr. HOLDEN, Mr. GINGRICH, and Mr. GENE GREEN of Texas

NOVEMBER 20, 1993

Additional sponsors: Mr. TRAFICANT, Mrs. ROUKEMA, Mr. BISHOP, Mr.

KLUG, Mr. MCINNIS, Mr. MATSUI, Mr. PRICE of North Carolina, Mr.

TEJEDA, Mr. DICKS, Mr. WELDON, Ms. PRYCE of Ohio, Mr. BLUTE, Mr.

INSLEE, Mr. HILLIARD, Mr. PETERSON of Florida, Mr. MCCURDY, Mr.

SCHIFF, Mr. BARCIA of Michigan, Mr. PORTER, Mr. CASTLE, Mr. ROMERO-BARCELO ́, Mr. HALL of Ohio, Mr. GOSS, Ms. LONG, Mr. KLINK,

Mr. TORKILDSEN, Mr. DELLUMS, Ms. HARMAN, Mr. BARCA of Wisconsin, Mr. CHAPMAN, Mr. GLICKMAN, Mr. JACOBS, Mr. NEAL of North

Carolina, Mr. FAWELL, Mr. BLILEY, Mr. HAYES, Mr. DOOLEY, Mr.

FARR of California, and Mr. GILLMOR

NOVEMBER 20, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 24, 1993]

A BILL

To combat violence and crimes against women.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Violence Against Women

3 Act of 1993’’.

4 TITLE I—SAFE STREETS FOR

5 WOMEN

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Safe Streets for Women

8 Act of 1993’’.

9 Subtitle A—Law Enforcement and

10 Prosecution Grants To Reduce

11 Violent Crimes Against Women

12 SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

13 WOMEN.

14 (a) IN GENERAL.—Title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

16 is amended by—

17 (1) redesignating part Q as part R;

18 (2) redesignating section 1701 as section 1801;

19 and

20 (3) adding after part P the following new part:

21 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

22 AGAINST WOMEN

23 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

24 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

25 this part is to assist States, Indian tribes, and other eligible
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1 entities to develop effective law enforcement and prosecution

2 strategies to combat violent crimes against women.

3 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

4 USED.—Grants under this part shall provide funds for per5 sonnel, training, technical assistance, data collection and

6 other equipment for the more widespread apprehension,

7 prosecution, and adjudication of persons committing vio8 lent crimes against women to reduce the rate of violent

9 crime against women and specifically, for the purposes of—

10 ‘‘(1) training law enforcement officers and pros11 ecutors to identify and respond more effectively to

12 violent crimes against women, including crimes of

13 sexual assault and domestic violence;

14 ‘‘(2) developing, training, or expanding units of

15 law enforcement officers and prosecutors that specifi16 cally target violent crimes against women, including

17 the crimes of sexual assault and domestic violence;

18 ‘‘(3) developing and implementing more effective

19 police and prosecution policies, protocols, orders, or

20 services specifically devoted to the prevention of, iden21 tification of, and response to violent crimes against

22 women, including the crimes of sexual assault and do23 mestic violence;

24 ‘‘(4) developing, installing, or expanding data

25 collection systems, including computerized systems,
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1 linking police, prosecutors, and courts or identifying

2 and tracking arrests, protection orders, prosecutions,

3 and convictions for the crimes of sexual assault and

4 domestic violence;

5 ‘‘(5) developing, enlarging, or strengthening vic6 tim services programs, including sexual assault and

7 domestic violence programs, developing or improving

8 delivery of victim services to racial, cultural, ethnic,

9 and language minorities, and increasing reporting

10 and reducing attrition rates for cases involving vio11 lent crimes against women, including crimes of sexual

12 assault and domestic violence; and

13 ‘‘(6) aiding Indian tribe grantees, exclusively, in

14 financing the payments required under sections 112

15 and 113 of the Violence Against Women Act of 1993.

16 ‘‘SEC. 1702. STATE GRANTS.

17 ‘‘(a) GENERAL GRANTS.—The Director of the Bureau

18 of Justice Assistance (hereinafter in this part referred to

19 as the ‘Director’) is authorized to make grants to States,

20 Indian tribes, units of local government, tribal organiza21 tions, and nonprofit nongovernmental victim services pro22 grams in the States or Indian country.

23 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

24 shall include—
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1 ‘‘(1) documentation from prosecution, law en2 forcement, and victim services programs to be assisted

3 that demonstrates—

4 ‘‘(A) the need for grant funds;

5 ‘‘(B) the intended use of grant funds; and

6 ‘‘(C) the expected results;

7 ‘‘(2) proof of compliance with the requirements

8 for the payment of forensic medical exams provided

9 pursuant to section 112 of the Violence Against

10 Women Act of 1993, except that Indian tribes are ex11 empt from such requirement; and

12 ‘‘(3) proof of compliance with the requirements

13 for paying filing and service fees for domestic violence

14 cases pursuant to section 113 of the Violence Against

15 Women Act of 1993.

16 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

17 subsection (b), an eligible entity shall be eligible for funds

18 provided under this part by—

19 ‘‘(1) certifying that funds received under this

20 part shall be used for the purposes outlined in section

21 1701(b);

22 ‘‘(2) certifying that grantees shall develop a

23 plan, implement such plan, and otherwise consult and

24 coordinate with nonprofit nongovernmental domestic

25 violence and sexual assault victim services programs,
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1 law enforcement officials, victim advocates, prosecu2 tors, and defense attorneys;

3 ‘‘(3) providing documentation from the individ4 uals and groups listed under paragraph (2) regarding

5 their participation in development of a plan and in6 volvement in the application process, as well as how

7 such individuals and groups will be involved in im8 plementation of the plan;

9 ‘‘(4) providing assurances that the plan devel10 oped under paragraph (2) shall meet the needs of ra11 cial, cultural, ethnic, and language minority popu12 lations;

13 ‘‘(5) providing assurances that prosecution, law

14 enforcement, and nonprofit nongovernmental victim

15 services programs in the community to be served by

16 such plan each receive an equitable percentage of any

17 funds allocated under this part; and

18 ‘‘(6) providing assurances that any Federal

19 funds received under this part shall be used to supple20 ment, not supplant, non-Federal funds that would

21 otherwise be available for activities funded under this

22 part.

23 ‘‘(d) DISBURSEMENT OF FUNDS.—

24 ‘‘(1) IN GENERAL.—Not later than 60 days after

25 the receipt of an application under this part, the Di-
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1 rector shall either disburse the appropriate sums pro2 vided for under this part or shall inform the appli3 cant regarding why the application does not conform

4 to the requirements of this section.

5 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis6 bursing funds under this part, the Director shall issue

7 regulations—

8 ‘‘(A) to distribute funds equitably on a geo9 graphic basis, including nonurban and rural

10 areas of varying geographic size; and

11 ‘‘(B) give priority to areas of varying geo12 graphic size with the greatest showing of need

13 based on the availability of existing domestic vi14 olence and sexual assault programs in the popu15 lation and geographic area to be served in rela16 tion to the availability of such programs in other

17 such populations and geographic areas.

18 ‘‘(e) GRANTEE REPORTING.—(1) Not later than March

19 31 of each year during which funds are received under this

20 part, the grantee shall file a performance report with the

21 Director explaining the activities carried out together with

22 an assessment of the effectiveness of such activities in

23 achieving the purposes of this part.
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1 ‘‘(2) The grantee shall arrange for assessments of the

2 grantee’s program from all organizations and government

3 entities that were involved in the design of the grant plan.

4 ‘‘(3) Such assessments must be sent directly to the Di5 rector by the assessing entity.

6 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

7 suspend funding for an approved application if—

8 ‘‘(1) an applicant fails to submit an annual per9 formance report;

10 ‘‘(2) funds provided under this part are ex11 pended for purposes other than those set forth under

12 this part; or

13 ‘‘(3) grant reports or accompanying assessments

14 demonstrate to the Director that the program is inef15 fective or financially unsound.

16 ‘‘SEC. 1703. GENERAL DEFINITIONS.

17 ‘‘For purposes of this part—

18 ‘‘(1) the term ‘domestic violence’ means crimes of

19 violence committed against a victim by a current or

20 former spouse of the victim, an individual with whom

21 the victim shares a child in common, an individual

22 who is cohabiting with or has cohabited with the vic23 tim as a spouse, an individual similarly situated to

24 a spouse, or any other individual who is protected
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1 under domestic or family violence laws of the jurisdic2 tion that receives a grant under this part;

3 ‘‘(2) the term ‘eligible entity’ means a State,

4 unit of local government, Indian tribe, and a non5 profit, nongovernmental victims services program;

6 ‘‘(3) the term ‘Indian tribe’ means any Indian

7 tribe, band, nation, or other organized group or com8 munity, including any Alaska Native village or re9 gional or village corporation (as defined in, or estab10 lished pursuant to, the Alaska Native Claims Settle11 ment Act (43 U.S.C. 1601, et seq.)), which is recog12 nized as eligible for the special services provided by

13 the United States to Indians because of their status

14 as Indians;

15 ‘‘(4) the term ‘Indian country’ has the meaning

16 given to such term by section 1151 of title 18, United

17 States Code;

18 ‘‘(5) the term ‘sexual assault’ means any conduct

19 proscribed by chapter 109A of title 18, United States

20 Code, whether or not the conduct occurs in the special

21 maritime and territorial jurisdiction of the United

22 States or in a Federal prison and includes both as23 saults committed by offenders who are strangers to the

24 victim and assaults committed by offenders who are
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1 known or related by blood or marriage to the victim;

2 and

3 ‘‘(6) the term ‘victim services program’ means a

4 nongovernmental nonprofit program that assists do5 mestic violence or sexual assault victims, including

6 nongovernmental nonprofit organizations such as

7 rape crisis centers, battered women’s shelters, and

8 other sexual assault and domestic violence programs,

9 including nonprofit nongovernmental organizations

10 assisting domestic violence and sexual assault victims

11 through the legal process.

12 ‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

13 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to the

14 assistance provided under sections 1702, the Attorney Gen15 eral may request any Federal agency, with or without reim16 bursement, to use its authorities and the resources granted

17 to it under Federal law (including personnel, equipment,

18 supplies, facilities, and managerial, technical, and advisory

19 services) to support State, tribal, and local assistance efforts

20 under this part.

21 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

22 after the end of each fiscal year for which grants are made

23 under this part, the Director shall submit to the Congress

24 a report that includes, for each State and Indian tribe—

25 ‘‘(1) the amount of grants made under this part;
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1 ‘‘(2) a summary of the purposes for which grants

2 were provided and an evaluation of progress; and

3 ‘‘(3) an evaluation of the effectiveness of pro4 grams established with funds under this part.’’.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a) of title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

8 after paragraph (10) the following:

9 ‘‘(11) There are authorized to be appropriated for each

10 of the fiscal years 1994 and 1995, $200,000,000 to carry

11 out the purposes of part Q, with not less than 8 percent

12 of such appropriation allotted specifically for Indian

13 tribes.’’.

14 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

15 of title I of the Omnibus Crime Control and Safe Streets

16 Act of 1968 is amended by striking ‘‘and O’’ and inserting

17 ‘‘O, and Q’’; and

18 (2) Section 802(b) of title I of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 is amended by striking

20 ‘‘or O’’ and inserting ‘‘O, or Q’’.

21 (d) CONFORMING AMENDMENT.—The table of contents

22 of title I of the Omnibus Crime Control and Safe Streets

23 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking

24 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.
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‘‘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’’.

1 SEC. 112. RAPE EXAM PAYMENTS.

2 (a) RESTRICTION OF FUNDS.—No State is entitled to

3 funds under this title unless the State incurs the full out

4 of pocket cost of forensic medical exams described in sub5 section (b) for victims of sexual assault.

6 (b) MEDICAL COSTS.—A State shall be deemed to

7 incur the full out of pocket cost of forensic medical exams

8 for victims of sexual assault if such State—

9 (1) provides such exams to victims free of charge

10 to the victim;

11 (2) arranges for victims to obtain such exams

12 free of charge to the victims; or

13 (3) reimburses victims for the cost of such exams,

14 if—

15 (A) the reimbursement covers the full cost of

16 such exams, without any deductible requirement

17 or limit on the amount of a reimbursement;

18 (B) the State permits victims to apply to

19 the State for reimbursement for not less than one

20 year from the date of the exam;
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1 (C) the State provides reimbursement not

2 later than 90 days after written notification of

3 the victim’s expense; and

4 (D) the State provides information at the

5 time of the exam to all victims, including vic6 tims with limited or no English proficiency, re7 garding how to obtain reimbursement.

8 SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.

9 No State is entitled to funds under this title unless

10 the State certifies that their laws, policies, and practices

11 do not require, in connection with the prosecution of any

12 misdemeanor or felony domestic violence offense, that the

13 abused bear the costs associated with the filing of criminal

14 charges against the domestic violence offender, or that the

15 abused bear the costs associated with the issuance or service

16 of a warrant, protection order, or witness subpoena.

17 SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.

18 No State is entitled to funds under this title unless

19 the State can certify that its laws and policies treat sex

20 offenses committed by offenders who are known to, cohabi21 tants of, social companions of, or related by blood or mar22 riage to, the victim no less severely than sex offenses com23 mitted by offenders who are strangers to the victim.
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1 Subtitle B—Rape Prevention

2 Programs

3 CHAPTER 1—RAPE PREVENTION GRANTS

4 SEC. 121. EDUCATION AND PREVENTION GRANTS TO RE5 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

6 (a) IN GENERAL.—Title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

8 as amended by section 111, is further amended by—

9 (1) redesignating part R as part S;

10 (2) redesignating section 1801 as section 1901;

11 and

12 (3) adding after part Q the following new part:

13 ‘‘PART R—RAPE PREVENTION PROGRAMS

14 ‘‘SEC. 1801. GRANT AUTHORIZATION.

15 ‘‘The Director of the Bureau of Justice Assistance (re16 ferred to in this part as the ‘Director’) is authorized to make

17 grants—

18 ‘‘(1) to provide educational seminars, particu19 larly developed with emphasis on seminars for ele20 mentary and secondary school age children, designed

21 to develop an awareness of what acts meet the legal

22 definition of rape;

23 ‘‘(2) to provide programs for elementary and sec24 ondary school age children that teach nonviolent con25 flict resolution, self defense, or other relevant skills;
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1 ‘‘(3) to operate telephone hotlines for callers with

2 questions regarding sexual assault and rape;

3 ‘‘(4) to design and disseminate training pro4 grams for professionals, including the development

5 and dissemination of protocols for the routine identi6 fication, treatment, and appropriate referral of vic7 tims of sexual assault by hospital emergency person8 nel and other professionals;

9 ‘‘(5) to develop treatment programs for convicted

10 sex offenders and make such programs available to the

11 local community and to Federal and State prisons;

12 ‘‘(6) to prepare and disseminate informational

13 materials designed to educate the community regard14 ing sexual assault and prevention; and

15 ‘‘(7) to develop other projects to increase aware16 ness and prevention of sexual assault, including ef17 forts to increase awareness of sexual assault preven18 tion among racial, ethnic, cultural and language mi19 norities.

20 ‘‘SEC. 1802. APPLICATIONS.

21 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

22 under this part, a duly authorized representative of an eli23 gible entity shall submit an application to the Director in

24 such form and containing such information as the Director

25 may reasonably require.
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1 ‘‘(b) ASSURANCES.—Each application must contain

2 an assurance that Federal funds received under this part

3 shall be used to supplement, not supplant, non-Federal

4 funds that would otherwise be available for activities funded

5 under this part.

6 ‘‘(c) REQUIRED PLAN.—Each application shall in7 clude a plan that contains—

8 ‘‘(1) a description of the projects to be developed;

9 ‘‘(2) a description of how funds would be spent;

10 ‘‘(3) a statement of staff qualifications and dem11 onstrated expertise in the field of rape prevention and

12 education; and

13 ‘‘(4) a statement regarding the ability to serve

14 community needs and language minority populations

15 in providing ethnically and culturally and linguis16 tically appropriate programs where necessary.

17 ‘‘SEC. 1803. REPORTS.

18 ‘‘(a) GRANTEE REPORTING.—Upon completion of the

19 grant period under this subpart, each grantee shall file a

20 performance report with the Director explaining the activi21 ties carried out together with an assessment of the effective22 ness of such activities in achieving the purposes of this sub23 part. The Director shall suspend funding for an approved

24 application if an applicant fails to submit an annual per25 formance report.
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1 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

2 after the end of each fiscal year for which grants are made

3 under this subpart, the Director shall submit to the Con4 gress a report that includes, for each grantee—

5 ‘‘(1) the amount of grants made under this sub6 part;

7 ‘‘(2) a summary of the purposes for which grants

8 were provided and an evaluation of progress; and

9 ‘‘(3) an evaluation of the effectiveness of pro10 grams established with funds under this part.

11 ‘‘SEC. 1804. DEFINITIONS.

12 ‘‘For purposes of this part—

13 ‘‘(1) the term ‘eligible entity’ means a nonprofit,

14 nongovernmental organization that directly serves or

15 provides advocacy on behalf of victims of rape or sex16 ual assault; and

17 ‘‘(2) the term ‘sexual assault prevention and edu18 cation’ means education and prevention efforts di19 rected at reducing the number of sexual assaults.’’.

20 (b) AUTHORIZATION OF APPROPRIATION.—Section

21 1001(a) of title I of the Omnibus Crime Control and Safe

22 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

23 after paragraph (11), as added by section 111 of this Act,

24 the following:
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1 ‘‘(12) There are authorized to be appropriated to carry

2 out the purposes of part R, $60,000,000 for fiscal year 1994,

3 $75,000,000 for fiscal year 1995, and $100,000,000 for fis4 cal year 1996.’’.

5 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

6 of title I of the Omnibus Crime Control and Safe Streets

7 Act of 1968, as amended by section 111 of this Act, is

8 amended by striking ‘‘O, and Q’’ and inserting ‘‘O, Q, and

9 R’’; and

10 (2) Section 802(b) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968, as amended by section

12 111 of this Act, is amended by striking ‘‘O, or Q’’ and in13 serting ‘‘O, Q, or R’’.

14 (d) CONFORMING AMENDMENT.—The table of contents

15 of title I of the Omnibus Crime Control and Safe Streets

16 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

17 111, is amended by striking the matter relating to part R

18 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

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
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1 CHAPTER 2—OFFENDER TRAINING AND

2 INFORMATION PROGRAMS

3 SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING PRO4 GRAMS.

5 (a) IN GENERAL.—The National Institute of Justice,

6 after consultation with victim advocates and individuals

7 who have expertise in treating sex offenders, shall establish

8 criteria and develop training programs to assist probation

9 and parole officer and other personnel who work with re10 leased sex offenders in the areas of—

11 (1) case management;

12 (2) supervision; and

13 (3) relapse prevention.

14 (b) TRAINING PROGRAMS.—The Director of the Na15 tional Institute of Justice shall attempt, to the extent prac16 ticable, to make training programs developed under sub17 section (a) available in geographically diverse locations

18 throughout the country.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated $1,000,000 for each of the

21 fiscal years 1994 and 1995 to carry out the provisions of

22 this section.

23 SEC. 127. INFORMATION PROGRAMS.

24 The Attorney General shall compile information re25 garding sex offender treatment programs and ensure that
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1 information regarding community treatment programs in

2 the community into which a convicted sex offender is re3 leased is made available to each person serving a sentence

4 of imprisonment in a Federal penal or correctional institu5 tion for a commission of an offense under chapter 109A of

6 title 18 of the United States Code or for the commission

7 of a similar offense, including halfway houses and psy8 chiatric institutions.

9 Subtitle C—Victim Compensation

10 SEC. 131. VICTIM COMPENSATION.

11 (a) IN GENERAL.—Chapter 109A of title 18, United

12 States Code, is amended by adding at the end the following

13 new section:

14 ‘‘§ 2246. Mandatory restitution for sex offenses

15 ‘‘(a) IN GENERAL.—Notwithstanding section 3663 of

16 this title, and in addition to any other civil or criminal

17 penalty authorized by law, the court shall order restitution

18 for any offense under this chapter.

19 ‘‘(b) SCOPE AND NATURE OF ORDER.—

20 ‘‘(1) IN GENERAL.—The order of restitution

21 under this section shall direct that—

22 ‘‘(A) the defendant pay to the victim the

23 full amount of the victim’s losses as determined

24 by the court, pursuant to paragraph (3) of this

25 subsection; and
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1 ‘‘(B) the United States Attorney enforce the

2 restitution order by all available and reasonable

3 means.

4 ‘‘(2) DEFINITIONS.—As used in this subsection,

5 the term ‘full amount of the victim’s losses’ includes

6 any costs incurred by the victim for—

7 ‘‘(A) medical services relating to physical,

8 psychiatric, or psychological care;

9 ‘‘(B) physical and occupational therapy or

10 rehabilitation;

11 ‘‘(C) lost income;

12 ‘‘(D) attorneys’ fees, plus any costs incurred

13 in obtaining a civil protection order;

14 ‘‘(E) temporary housing;

15 ‘‘(F) transportation;

16 ‘‘(G) necessary child care;

17 ‘‘(H) language translation services; and

18 ‘‘(I) any other losses suffered by the victim

19 as a proximate result of the offense.

20 ‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res21 titution orders under this section are mandatory. A

22 court may not decline to issue an order under this

23 section because of—

24 ‘‘(i) the economic circumstances of the de25 fendant; or
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1 ‘‘(ii) the fact that a victim has, or is enti2 tled to, receive compensation for his or her inju3 ries from the proceeds of insurance or any other

4 source.

5 ‘‘(B) Subparagraph (A) of this paragraph does

6 not apply if—

7 ‘‘(i) the court finds on the record that the

8 economic circumstances of the defendant do not

9 allow for the payment of any amount of a res10 titution order, and do not allow for the payment

11 of any amount of a restitution order in the fore12 seeable future (under any reasonable schedule of

13 payments); and

14 ‘‘(ii) the court enters in its order the

15 amount of the victim’s losses, and provides a

16 nominal restitution award.

17 ‘‘(4) CONSIDERATION OF ECONOMIC CIR18 CUMSTANCES.—

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (3) of this subsection, the court may take

21 into account the economic circumstances of the

22 defendant in determining the manner in which

23 and the schedule according to which the restitu24 tion is to be paid, including—
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1 ‘‘(i) the financial resources and other

2 assets of the defendant;

3 ‘‘(ii) projected earnings, earning ca4 pacity, and other income of the defendant;

5 and

6 ‘‘(iii) any financial obligations of the

7 defendant, including obligations to depend8 ents.

9 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

10 An order under this section may direct the de11 fendant to make a single lump-sum payment or

12 partial payments at specified intervals. The

13 order shall also provide that the defendant’s

14 restitutionary obligation takes priority over any

15 criminal fine ordered.

16 ‘‘(5) SETOFF.—Any amount paid to a victim

17 under this section shall be set off against any amount

18 later recovered as compensatory damages by the vic19 tim from the defendant in—

20 ‘‘(A) any Federal civil proceeding; and

21 ‘‘(B) any State civil proceeding, to the ex22 tent provided by the law of the State.

23 ‘‘(c) PROOF OF CLAIM.—

24 ‘‘(1) IN GENERAL.—Within 60 days after convic25 tion and, in any event, no later than 10 days prior
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1 to sentencing, the United States Attorney (or dele2 gate), after consulting with the victim, shall prepare

3 and file an affidavit with the court listing the

4 amounts subject to restitution under this section. The

5 affidavit shall be signed by the United States Attor6 ney (or delegate) and the victim. Should the victim

7 object to any of the information included in the affi8 davit, the United States Attorney (or delegate) shall

9 advise the victim that the victim may file a separate

10 affidavit.

11 ‘‘(2) OBJECTIONS.—If, after notifying the de12 fendant of the affidavit, no objection is raised by the

13 defendant, the amounts attested to in the affidavit

14 filed pursuant to paragraph (1) of this subsection

15 shall be entered in the court’s restitution order. If ob16 jection is raised, the court may require the victim or

17 the United States Attorney (or such Attorney’s dele18 gate) to submit further affidavits or other supporting

19 documents, demonstrating the victim’s losses.

20 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI21 MONY.—If the court concludes, after reviewing the

22 supporting documentation and considering the de23 fendant’s objections, that there is a substantial reason

24 for doubting the authenticity or veracity of the

25 records submitted, the court may require additional
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1 documentation or hear testimony on those questions.

2 The privacy of any records filed, or testimony heard,

3 pursuant to this section, shall be maintained to the

4 greatest extent possible.

5 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In the

6 event that the victim’s losses are not ascertainable 10

7 days prior to sentencing as provided in subsection

8 (c)(1) of this section, the United States Attorney (or

9 delegate) shall so inform the court, and the court shall

10 set a date for the final determination of the victim’s

11 losses, not to exceed 90 days after sentencing. If the

12 victim subsequently discovers further losses, the victim

13 shall have 60 days after discovery of those losses in

14 which to petition the court for an amended restitution

15 order. Such order may be granted only upon a show16 ing of good cause for the failure to include such losses

17 in the initial claim for restitutionary relief.’’.

18 (b) TABLE OF SECTIONS.—The table of sections at the

19 beginning of chapter 109A of title 18, United States Code,

20 is amended by adding at the end the following:

‘‘2246. Mandatory restitution for sex offenses.’’.

21 Subtitle D—Safe Campuses for

22 Women

23 SEC. 141. CAMPUS SEXUAL ASSAULT STUDY.

24 (a) STUDY.—The Attorney General shall provide for

25 a national baseline study to examine the scope of the prob-
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1 lem of campus sexual assaults and the effectiveness of insti2 tutional and legal policies in addressing such crimes and

3 protecting victims. The Attorney General may utilize the

4 Bureau of Justice Statistics, the National Institute of Jus5 tice, and the Office for Victims of Crime in carrying out

6 this section.

7 (b) REPORT.—Based on the study required by sub8 section (a), the Attorney General shall prepare a report in9 cluding an analysis of—

10 (1) the number of reported allegations and esti11 mated number of unreported allegations of campus

12 sexual assaults, and to whom the allegations are re13 ported (including authorities of the educational insti14 tution, sexual assault victim service entities, and local

15 criminal authorities);

16 (2) the number of campus sexual assault allega17 tions reported to authorities of educational institu18 tions which are reported to criminal authorities;

19 (3) the number of campus sexual assault allega20 tions that result in criminal prosecution in compari21 son with the number of noncampus sexual assault al22 legations that result in criminal prosecution;

23 (4) Federal and State laws or regulations per24 taining specifically to campus sexual assaults;
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1 (5) the adequacy of policies and practices of edu2 cational institutions in addressing campus sexual as3 saults and protecting victims, including consideration

4 of—

5 (A) the security measures in effect at edu6 cational institutions, such as utilization of cam7 pus police and security guards, control over ac8 cess to grounds and buildings, supervision of stu9 dent activities and student living arrangements,

10 control over the consumption of alcohol by stu11 dents, lighting, and the availability of escort

12 services;

13 (B) the articulation and communication to

14 students of the institution’s policies concerning

15 sexual assaults;

16 (C) policies and practices that may prevent

17 or discourage the reporting of campus sexual as18 saults to local criminal authorities, or that may

19 otherwise obstruct justice or interfere with the

20 prosecution of perpetrators of campus sexual as21 saults;

22 (D) the nature and availability of victim

23 services for victims of campus sexual assaults;
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1 (E) the ability of educational institutions’

2 disciplinary processes to address allegations of

3 sexual assault adequately and fairly;

4 (F) measures that are taken to ensure that

5 victims are free of unwanted contact with alleged

6 assailants, and disciplinary sanctions that are

7 imposed when a sexual assault is determined to

8 have occurred; and

9 (G) the grounds on which educational insti10 tutions are subject to lawsuits based on campus

11 sexual assaults, the resolution of these cases, and

12 measures that can be taken to avoid the likeli13 hood of lawsuits;

14 (6) an assessment of the policies and practices of

15 educational institutions that are most effective in ad16 dressing campus sexual assaults and protecting vic17 tims, including policies and practices relating to the

18 particular issues described in paragraph (5); and

19 (7) any recommendations the Attorney General

20 may have for reforms to address campus sexual as21 saults and protect victims more effectively, and any

22 other matters that the Attorney General deems rel23 evant to the subject of the study and report required

24 by this section.
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1 (c) SUBMISSION OF REPORT.—The report required by

2 subsection (b) shall be submitted to the Committees on Edu3 cation and Labor and the Judiciary of the House of Rep4 resentatives and the Committees on Labor and Human Re5 sources and the Judiciary of the Senate not later than Sep6 tember 1, 1995.

7 (d) DEFINITION.—For purposes of this subtitle, ‘‘cam8 pus sexual assaults’’ means sexual assaults committed

9 against or by students or employees of institutions of post10 secondary education and occurring at such institutions or

11 during activities connected with such institutions.

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated $200,000 to carry out the

14 study required by this section.

15 TITLE II—SAFE HOMES FOR

16 WOMEN

17 SEC. 201. SHORT TITLE.

18 This title may be cited as the ‘‘Safe Homes for Women

19 Act’’.

20 Subtitle A—Interstate Enforcement

21 SEC. 211. INTERSTATE ENFORCEMENT.

22 (a) IN GENERAL.—Part I of title 18, United States

23 Code, is amended by inserting after chapter 110 the follow24 ing new chapter:
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1 ‘‘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.

2 ‘‘§ 2261. Interstate domestic violence

3 ‘‘(a) Whoever travels across a State line or enters or

4 leaves Indian country with the intent to contact that per5 son’s spouse or intimate partner, and in the course of that

6 contact intentionally commits a crime of violence and there7 by causes bodily injury to such spouse or intimate partner,

8 shall be punished as provided in subsection (b) of this sec9 tion.

10 ‘‘(b) The punishment for a violation of subsection (a)

11 of this section is a fine under this title, or imprisonment—

12 ‘‘(1) for life or any term of years, if the offender

13 murders the victim;

14 ‘‘(2) for not more than 20 years, if the offender

15 causes serious bodily injury to the victim;

16 ‘‘(3) for not more than 10 years, if the offender

17 uses a dangerous weapon during the offense;

18 ‘‘(4) as provided for the applicable conduct

19 under chapter 109A, if the offense constitutes sexual

20 abuse, as described under chapter 109A (without re21 gard to whether the offense was committed in the spe-
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1 cial maritime and territorial jurisdiction of the Unit2 ed States or in a Federal prison); and

3 ‘‘(5) for not more than 5 years, in any other

4 case;

5 or both such fine and imprisonment.

6 ‘‘§ 2262. Violation of protection order

7 ‘‘(a) Whoever travels across a State line or enters or

8 leaves Indian country with the intent to engage in conduct

9 that—

10 ‘‘(1) violates a protection order; or

11 ‘‘(2) would violate such order if the conduct oc12 curred in the jurisdiction in which such order was is13 sued;

14 and does engage in such conduct shall be punished as pro15 vided in subsection (b) of this section.

16 ‘‘(b) The punishment for a violation of subsection (a)

17 of this section is a fine under this title, or imprisonment

18 for not less than 3 months and not more than 3 years, or

19 both. Any term of imprisonment imposed under this section

20 shall be consecutive to any term imposed under section 2261

21 of this title with respect to the same criminal episode.

22 ‘‘§ 2263. Pretrial release of defendant

23 ‘‘In any proceeding pursuant to section 3142 of this

24 title for the purpose of determining whether a defendant

25 charged under this chapter shall be released pending trial,
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1 or for the purpose of determining conditions of such release,

2 the alleged victim shall be given an opportunity to be heard

3 regarding the danger posed by the defendant.

4 ‘‘§ 2264. Restitution

5 ‘‘(a) IN GENERAL.—In addition to any fine or term

6 of imprisonment provided under this chapter, and notwith7 standing the terms of section 3663 of this title, the court

8 shall order restitution to the victim of an offense under this

9 chapter.

10 ‘‘(b) SCOPE AND NATURE OF ORDER.—

11 ‘‘(1) IN GENERAL.—The order of restitution

12 under this section shall direct that—

13 ‘‘(A) the defendant pay to the victim the

14 full amount of the victim’s losses as determined

15 by the court, pursuant to paragraph (3) of this

16 subsection; and

17 ‘‘(B) the United States Attorney enforce the

18 restitution order by all available and reasonable

19 means.

20 ‘‘(2) DEFINITION.—As used in this subsection,

21 the term ‘full amount of the victim’s losses’ includes

22 any costs incurred by the victim for—

23 ‘‘(A) medical services relating to physical,

24 psychiatric, or psychological care;
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1 ‘‘(B) physical and occupational therapy or

2 rehabilitation;

3 ‘‘(C) lost income;

4 ‘‘(D) attorneys’ fees, plus any costs incurred

5 in obtaining a civil protection order;

6 ‘‘(E) temporary housing;

7 ‘‘(F) transportation;

8 ‘‘(G) necessary child care;

9 ‘‘(H) language translation services; and

10 ‘‘(I) any other losses suffered by the victim

11 as a proximate result of the offense.

12 ‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res13 titution orders under this section are mandatory. A

14 court may not decline to issue an order under this

15 section because of—

16 ‘‘(i) the economic circumstances of the de17 fendant; or

18 ‘‘(ii) the fact that a victim has, or is enti19 tled to, receive compensation for his or her inju20 ries from the proceeds of insurance or any other

21 source.

22 ‘‘(B) Subparagraph (A) of this paragraph does

23 not apply if—

24 ‘‘(i) the court finds on the record that the

25 economic circumstances of the defendant do not
35

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1 allow for the payment of any amount of a res2 titution order, and do not allow for the payment

3 of any amount of a restitution order in the fore4 seeable future (under any reasonable schedule of

5 payments); and

6 ‘‘(ii) the court enters in its order the

7 amount of the victim’s losses, and provides a

8 nominal restitution award.

9 ‘‘(4) CONSIDERATION OF ECONOMIC CIR10 CUMSTANCES.—

11 ‘‘(A) IN GENERAL.—Notwithstanding para12 graph (3) of this subsection, the court may take

13 into account the economic circumstances of the

14 defendant in determining the manner in which

15 and the schedule according to which the restitu16 tion is to be paid, including—

17 ‘‘(i) the financial resources and other

18 assets of the defendant;

19 ‘‘(ii) projected earnings, earning ca20 pacity, and other income of the defendant;

21 and

22 ‘‘(iii) any financial obligations of the

23 offender, including obligations to depend24 ents.
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1 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

2 An order under this section may direct the de3 fendant to make a single lump-sum payment, or

4 partial payments at specified intervals. The

5 order shall provide that the defendant’s

6 restitutionary obligation takes priority over any

7 criminal fine ordered.

8 ‘‘(5) SETOFF.—Any amount paid to a victim

9 under this section shall be setoff against any amount

10 later recovered as compensatory damages by the vic11 tim from the defendant in—

12 ‘‘(A) any Federal civil proceeding; and

13 ‘‘(B) any State civil proceeding, to the ex14 tent provided by the law of the State.

15 ‘‘(c) PROOF OF CLAIM.—

16 ‘‘(1) IN GENERAL.—Within 60 days after convic17 tion and, in any event, no later than 10 days before

18 sentencing, the United States Attorney (or such Attor19 ney’s delegate), after consulting with the victim, shall

20 prepare and file an affidavit with the court listing

21 the amounts subject to restitution under this section.

22 The affidavit shall be signed by the United States At23 torney (or the delegate) and the victim. Should the

24 victim object to any of the information included in

25 the affidavit, the United States Attorney (or the dele-
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1 gate) shall advise the victim that the victim may file

2 a separate affidavit and assist the victim in the prep3 aration of that affidavit.

4 ‘‘(2) OBJECTIONS.—If, after notifying the de5 fendant of the affidavit, no objection is raised by the

6 defendant, the amounts attested to in the affidavit

7 filed pursuant to paragraph (1) of this subsection

8 shall be entered in the court’s restitution order. If ob9 jection is raised, the court may require the victim or

10 the United States Attorney (or such Attorney’s dele11 gate) to submit further affidavits or other supporting

12 documents, demonstrating the victim’s losses.

13 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI14 MONY.—If the court concludes, after reviewing the

15 supporting documentation and considering the de16 fendant’s objections, that there is a substantial reason

17 for doubting the authenticity or veracity of the

18 records submitted, the court may require additional

19 documentation or hear testimony on those questions.

20 The privacy of any records filed, or testimony heard,

21 pursuant to this section, shall be maintained to the

22 greatest extent possible.

23 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In the

24 event that the victim’s losses are not ascertainable 10

25 days before sentencing as provided in paragraph (1)
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1 of this subsection, the United States Attorney (or such

2 Attorney’s delegate) shall so inform the court, and the

3 court shall set a date for the final determination of

4 the victims’s losses, not to exceed 90 days after sen5 tencing. If the victim subsequently discovers further

6 losses, the victim shall have 90 days after discovery

7 of those losses in which to petition the court for an

8 amended restitution order. Such order may be grant9 ed only upon a showing of good cause for the failure

10 to include such losses in the initial claim for

11 restitutionary relief.

12 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

13 award of restitution to the victim of an offense under this

14 chapter is not a substitute for imposition of punishment

15 under this chapter.

16 ‘‘§ 2265. Full faith and credit given to protection or17 ders

18 ‘‘(a) FULL FAITH AND CREDIT.—Any protection order

19 issued that is consistent with subsection (b) of this section

20 by the court of one State or Indian tribe (the issuing State

21 or Indian tribe) shall be accorded full faith and credit by

22 the court of another State or Indian tribe (the enforcing

23 State or Indian tribe) and enforced as if it were the order

24 of the enforcing State or tribe.
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1 ‘‘(b) PROTECTION ORDER.—A protection order issued

2 by a State or tribal court is consistent with this subsection

3 if—

4 ‘‘(1) such court has jurisdiction over the parties

5 and matter under the law of such State or Indian

6 tribe; and

7 ‘‘(2) reasonable notice and opportunity to be

8 heard is given to the person against whom the order

9 is sought sufficient to protect that person’s right to

10 due process. In the case of ex parte orders, notice and

11 opportunity to be heard must be provided within the

12 time required by State or tribal law, and in any

13 event within a reasonable time after the order is is14 sued, sufficient to protect the respondent’s due process

15 rights.

16 ‘‘(c) CROSS OR COUNTER PETITION.—A protection

17 order issued by a State or tribal court against one who has

18 petitioned, filed a complaint, or otherwise filed a written

19 pleading for protection against abuse by a spouse or inti20 mate partner is not entitled to full faith and credit if—

21 ‘‘(1) no cross or counter petition, complaint, or

22 other written pleading was filed seeking such a pro23 tection order; or
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1 ‘‘(2) a cross or counter petition has been filed

2 and the court did not make specific findings that each

3 party was entitled to such an order.

4 ‘‘§ 2266. Definitions for chapter

5 ‘‘As used in this chapter—

6 ‘‘(1) the term ‘spouse or intimate partner’ in7 cludes—

8 ‘‘(A) a spouse, a former spouse, a person

9 who shares a child in common with the abuser,

10 a person who cohabits or has cohabited with the

11 abuser as a spouse, and any other person simi12 larly situated to a spouse; and

13 ‘‘(B) any other person, other than a minor

14 child, who is protected by the domestic or family

15 violence laws of the State in which the injury oc16 curred or where the victim resides;

17 ‘‘(2) the term ‘protection order’ includes any in18 junction or other order issued for the purpose of pre19 venting violent or threatening acts by one spouse

20 against his or her spouse, former spouse, or intimate

21 partner, including temporary and final orders issued

22 by civil and criminal courts (other than support or

23 child custody orders) whether obtained by filing an

24 independent action or as a pendente lite order in an25 other proceeding so long as any civil order was issued
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1 in response to a complaint, petition or motion filed

2 by or on behalf of an abused spouse or intimate part3 ner;

4 ‘‘(3) the term ‘State’ includes a State of the

5 United States, the District of Columbia, a common6 wealth, territory, or possession of the United States;

7 ‘‘(4) the term ‘travel across State lines’ does not

8 include travel across State lines by an individual who

9 is a member of an Indian tribe when such individual

10 remains at all times in the territory of the Indian

11 tribe of which the individual is a member;

12 ‘‘(5) the term ‘bodily harm’ means any act, ex13 cept one done in self-defense, that results in physical

14 injury or sexual abuse; and

15 ‘‘(6) the term ‘Indian country’ has the meaning

16 given to such term by section 1151 of this title.’’.

17 (b) TABLE OF CHAPTERS.—The table of chapters at

18 the beginning part 1 of title 18, United States Code, is

19 amended by inserting after the item for chapter 110 the fol20 lowing new item:

‘‘110A. Violence against spouses ....................................................... 2261.’’.
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1 Subtitle B—Arrest in Domestic

2 Violence Cases

3 SEC. 221. ENCOURAGING ARREST POLICIES.

4 (a) IN GENERAL.—Title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

6 as amended by section 121, is further amended by—

7 (1) redesignating part S as part T;

8 (2) redesignating section 1901 as section 2001;

9 and

10 (3) adding after part R the following new part:

11 ‘‘PART S—GRANTS TO ENCOURAGE ARREST

12 POLICIES

13 ‘‘SEC. 1901. ARREST POLICIES.

14 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

15 this part is to encourage States, Indian tribes, and units

16 of local government to treat domestic violence as a serious

17 violation of criminal law. The Director of the Bureau of

18 Justice Assistance may make grants to eligible States, In19 dian tribes, or units of local government for the following:

20 ‘‘(1) To implement mandatory arrest or

21 proarrest programs, including mandatory arrest pro22 grams for protective order violations.

23 ‘‘(2) To develop policies, and training in police

24 departments to improve tracking of cases involving

25 domestic violence.
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1 ‘‘(3) To centralize and coordinate police enforce2 ment, prosecution, or judicial responsibility for do3 mestic violence cases in groups or units of police offi4 cers, prosecutors, or judges.

5 ‘‘(4) To strengthen legal advocacy service pro6 grams for victims of domestic violence.

7 ‘‘(5) To educate judges in criminal and other

8 courts about domestic violence and to improve judi9 cial handling of such cases.

10 ‘‘(b) ELIGIBILITY.—Eligible grantees are States, In11 dian tribes, or units of local government that—

12 ‘‘(1) certify that their laws or official policies—

13 ‘‘(A)(i) mandate arrest of domestic violence

14 offenders based on probable cause that violence

15 has been committed; or

16 ‘‘(ii) certify that all their law enforcement

17 personnel have received domestic violence train18 ing conducted by a State Domestic Violence Coa19 lition as defined in section 10410(b) of title 42,

20 United States Code; or

21 ‘‘(iii) allow, as permitted by the Constitu22 tion, warrantless misdemeanor arrests based on

23 probable cause that violence has been committed

24 and encourage the use of such authority.
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1 ‘‘(B) mandate arrest of domestic violence of2 fenders who violate the terms of a valid and out3 standing protection order;

4 ‘‘(2) demonstrate that their laws, policies, or

5 practices, and training programs discourage dual ar6 rests of offender and victim;

7 ‘‘(3) certify that their laws, policies, and prac8 tices prohibit issuance of mutual restraining orders of

9 protection except in cases where both spouses file a

10 claim and the court makes detailed finding of fact in11 dicating that both spouses acted primarily as aggres12 sors and that neither spouse acted primarily in self13 defense;

14 ‘‘(4) certify that their laws, policies, and prac15 tices do not require, in connection with the prosecu16 tion of any misdemeanor or felony domestic violence

17 offense, that the abused bear the costs associated with

18 the filing of criminal charges or the service of such

19 charges on an abuser, or that the abused bear the costs

20 associated with the issuance or service of a warrant,

21 protection order, or witness subpoena; and

22 ‘‘(5) certify that their laws and policies treat sex

23 offenses committed by offenders who are known to, co24 habitants of, or social companions of or related by

25 blood or marriage to, the victim no less severely than
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1 sex offenses committed by offenders who are strangers

2 to the victim.

3 ‘‘SEC. 1902. APPLICATIONS.

4 ‘‘(a) APPLICATION.—An eligible grantee shall submit

5 an application to the Director that shall—

6 ‘‘(1) describe plans to implement policies de7 scribed in subsection (b);

8 ‘‘(2) identify the agency or office or groups of

9 agencies or offices responsible for carrying out the

10 program; and

11 ‘‘(3) include documentation from nonprofit, pri12 vate sexual assault and domestic violence programs

13 demonstrating their participation in developing the

14 application, and identifying such programs in which

15 such groups will be consulted for development and im16 plementation.

17 ‘‘(b) PRIORITY.—In awarding grants under this part,

18 the Director shall give priority to an applicant that—

19 ‘‘(1) does not currently provide for centralized

20 handling of cases involving domestic violence by pol21 icy, prosecutors, and courts; and

22 ‘‘(2) demonstrates a commitment to strong en23 forcement of laws, and prosecution of cases, involving

24 domestic violence.
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1 ‘‘SEC. 1903. REPORTS.

2 ‘‘Each grantee receiving funds under this part shall

3 submit a report to the Director evaluating the effectiveness

4 of projects developed with funds provided under this part

5 and containing such additional information as the Director

6 may prescribe.

7 ‘‘SEC. 1904. DEFINITIONS.

8 ‘‘For purposes of this part—

9 ‘‘(1) the term ‘domestic violence’ means a crime

10 of violence against a victim committed by a current

11 or former spouse of the victim, an individual with

12 whom the victim shares a child in common, an indi13 vidual who cohabits with or has cohabited with the

14 victim as a spouse, or any other individual similarly

15 situated to a spouse, or any other person who is pro16 tected under the domestic or family violence laws of

17 the eligible State, Indian tribe, municipality, or local

18 government entity; and

19 ‘‘(2) the term ‘protection order’ includes any in20 junction issued for the purpose of preventing violent

21 or threatening acts of domestic violence including

22 temporary and final orders issued by civil and crimi23 nal courts (other than support or child custody provi24 sions) whether obtained by filing an independent ac25 tion or as a pendente lite order in another proceed26 ing.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

4 after paragraph (12), as added by section 121 of this Act,

5 the following:

6 ‘‘(13) There are authorized to be appropriated

7 $25,000,000 for each of the fiscal years 1994, 1995, and

8 1996 to carry out the purposes of part S.’’.

9 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

10 of title I of the Omnibus Crime Control and Safe Streets

11 Act of 1968, as amended by section 121 of this Act, is

12 amended by striking ‘‘O, Q, and R’’ and inserting ‘‘O, Q,

13 R, and S’’; and

14 (2) Section 802(b) of title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968, as amended by section

16 121 of this Act, is amended by striking ‘‘O, Q, or R’’ and

17 inserting ‘‘O, Q, R, or S’’.

18 (d) EFFECTIVE DATE.—The eligibility requirements

19 provided in this section shall take effect 1 year after the

20 date of enactment of this subtitle.

21 (e) CONFORMING AMENDMENT.—The table of contents

22 of title I of the Omnibus Crime Control and Safe Streets

23 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

24 121, is further amended by striking the matter relating to

25 part S and inserting the following:
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‘‘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.’’.

1 Subtitle C—Domestic Violence

2 SEC. 231. SHORT TITLE.

3 This subtitle may be cited as the ‘‘Domestic Violence

4 Firearm Prevention Act’’.

5 SEC. 232. FINDINGS.

6 The Congress finds that—

7 (1) domestic violence is the leading cause of in8 jury to women in the United States between the ages

9 of 15 and 44;

10 (2) firearms are used by the abuser in 7 percent

11 of domestic violence incidents and produces an ad12 verse effect on interstate commerce; and

13 (3) individuals with a history of domestic abuse

14 should not have easy access to firearms.

15 SEC. 233. PROHIBITION AGAINST DISPOSAL OF FIREARMS

16 TO, OR RECEIPT OF FIREARMS BY, PERSONS

17 WHO HAVE COMMITTED DOMESTIC ABUSE.

18 (a) INTIMATE PARTNER DEFINED.—Section 921(a) of

19 title 18, United States Code, is amended by inserting at

20 the end the following:
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1 ‘‘(29) The term ‘intimate partner’ means, with respect

2 to a person, the spouse of the person, a former spouse of

3 the person, an individual who is a parent of a child of the

4 person, and an individual who cohabitates or has cohabited

5 with the person.’’.

6 (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.—

7 Section 922(d) of such title is amended—

8 (1) by striking ‘‘or’’ at the end of paragraph (6);

9 (2) by striking the period at the end of para10 graph (7) and inserting ‘‘; or’’; and

11 (3) by inserting after paragraph (7) the follow12 ing:

13 ‘‘(8) is subject to a court order that restrains

14 such person from harassing, stalking, or threatening

15 an intimate partner of such person, or engaging in

16 other conduct that would place an intimate partner

17 in reasonable fear of bodily injury, except that this

18 paragraph shall only apply to a court order that (A)

19 was issued after a hearing of which such person re20 ceived actual notice, and at which such person had

21 the opportunity to participate, and (B) includes a

22 finding that such person represents a credible threat

23 to the physical safety of such intimate partner.’’.

24 (c) PROHIBITION AGAINST RECEIPT OF FIREARMS.—

25 Section 922(g) of such title is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph (6);

2 (2) by inserting ‘‘or’’ at the end of paragraph

3 (7); and

4 (3) by inserting after paragraph (7) the follow5 ing:

6 ‘‘(8) who is subject to a court order that—

7 ‘‘(A) was issued after a hearing of which

8 such person received actual or constructive no9 tice, and at which such person had an oppor10 tunity to participate;

11 ‘‘(B) restrains such person from harassing,

12 stalking, or threatening an intimate partner of

13 such person, or engaging in other conduct that

14 would place an intimate partner in reasonable

15 fear of bodily injury; and

16 ‘‘(C) includes a finding that such person

17 represents a credible threat to the physical safety

18 of such intimate partner,’’.

19 (d) STORAGE OF FIREARMS.—Section 926(a) of such

20 title is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph

22 (1);

23 (2) by striking the period at the end of para24 graph (2) and inserting ‘‘; and’’; and
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1 (3) by inserting after paragraph (2) the follow2 ing:

3 ‘‘(3) regulations providing for effective receipt

4 and secure storage of firearms relinquished by or

5 seized from persons described in subsection (d)(8) or

6 (g)(8) of section 922.’’.

7 (e) RETURN OF FIREARMS.—Section 924(d)(1) of such

8 title is amended by striking ‘‘the seized’’ and inserting ‘‘or

9 lapse of or court termination of the restraining order to

10 which he is subject, the seized or relinquished’’.

11 Subtitle D—Protection for

12 Immigrant Women

13 SEC. 241. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME14 DIATE RELATIVE OR SECOND PREFERENCE

15 STATUS.

16 (a) IN GENERAL.—Section 204(a)(1) of the Immigra17 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend18 ed—

19 (1) in subparagraph (A)—

20 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’,

21 (B) by redesignating the second sentence as

22 clause (ii), and

23 (C) by adding at the end the following new

24 clause:
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1 ‘‘(iii) An alien who is the spouse of a citizen of the

2 United States, who is eligible to be classified as an imme3 diate relative under section 201(b)(2)(A)(i), and who has

4 resided in the United States with the alien’s spouse may

5 file a petition with the Attorney General under this sub6 paragraph for classification of the alien (and children of

7 the alien) under such section if the alien demonstrates to

8 the Attorney General that—

9 ‘‘(I) the alien is residing in the United States,

10 the marriage between the alien and the spouse was

11 entered into in good faith by the alien, and during

12 the marriage the alien or a child of the alien has been

13 battered by or has been the subject of extreme cruelty

14 perpetrated by the alien’s spouse, or

15 ‘‘(II) the alien is residing in the United States

16 with the alien’s spouse, the alien has been married to

17 and residing with the spouse for a period of not less

18 than 3 years, and the alien’s spouse has failed to file

19 a petition under clause (i) on behalf of the alien.’’;

20 and

21 (2) in subparagraph (B)—

22 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and

23 (B) by adding at the end the following new

24 clause:
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1 ‘‘(ii) An alien who is the spouse of an alien lawfully

2 admitted for permanent residence, who is eligible for classi3 fication under section 203(a)(2)(A), and who has resided

4 in the United States with the alien’s legal permanent resi5 dent spouse may file a petition with the Attorney General

6 under this subparagraph for classification of the alien (and

7 children of the alien) under such section if the alien dem8 onstrates to the Attorney General that the conditions de9 scribed in subclause (I) or (II) of subparagraph (A)(iii) are

10 met with respect to the alien.’’.

11 (b) CONFORMING AMENDMENTS.—(1) Section

12 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

13 (A) in subparagraph (A), by striking ‘‘filed by

14 an alien who,’’ and inserting ‘‘for the classification of

15 the spouse of an alien if the alien,’’, and

16 (B) in subparagraph (B), by striking ‘‘by an

17 alien whose prior marriage’’ and inserting ‘‘for the

18 classification of the spouse of an alien if the prior

19 marriage of the alien’’.

20 (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.

21 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

22 and inserting ‘‘204(a)(1)(A)(ii)’’.

23 (c) SURVIVAL RIGHTS TO PETITION.—Section 204 of

24 the Immigration and Nationality Act (8 U.S.C. 1154) is

25 amended by adding at the end the following new subsection:
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1 ‘‘(h) The legal termination of a marriage may not be

2 the basis for revocation under section 205 of a petition filed

3 under subsection (a)(1)(A)(iii)(I) or a petition filed under

4 subsection (a)(1)(B)(ii) pursuant to conditions described in

5 subsection (a)(1)(A)(iii)(I).’’.

6 (d) EFFECTIVE DATE.—The amendments made by this

7 section shall take effect January 1, 1994.

8 SEC. 242. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER

9 APPLICATIONS.

10 (a) IN GENERAL.—Section 216(c)(4) of the Immigra11 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend12 ed by inserting after the second sentence the following: ‘‘In

13 acting on applications under this paragraph, the Attorney

14 General shall consider any credible evidence submitted in

15 support of the application (whether or not the evidence is

16 supported by an evaluation of a licensed mental health pro17 fessional). The determination of what evidence is credible

18 and the weight to be given that evidence shall be within

19 the sole discretion of the Attorney General.’’.

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on the date of the enactment

22 of this Act and shall apply to applications made before,

23 on, or after such date.
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1 SEC. 243. SUSPENSION OF DEPORTATION.

2 Section 244(a) of the Immigration and Nationality

3 Act (8 U.S.C. 1254(a)) is amended—

4 (1) at the end of paragraph (1) by striking ‘‘or’’;

5 (2) at the end of paragraph (2) by striking the

6 period and inserting ‘‘; or’’; and

7 (3) by inserting after paragraph (2) the follow8 ing:

9 ‘‘(3) is deportable under any law of the United

10 States except section 241(a)(1)(G) and the provisions

11 specified in paragraph (2); is physically present in

12 the United States; has been battered or subjected to

13 extreme cruelty in the United States by a spouse or

14 parent who is a United States citizen or lawful per15 manent resident; and proves that during all of such

16 time in the United States the alien was and is a per17 son of good moral character; and is a person whose

18 deportation would, in the opinion of the Attorney

19 General, result in extreme hardship to the alien or the

20 alien’s parent or child.’’.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 Subtitle A—Reports

4 SEC. 301. REPORT ON CONFIDENTIALITY OF ADDRESSES

5 FOR VICTIMS OF DOMESTIC VIOLENCE.

6 (a) REPORT.—The Attorney General shall conduct a

7 study of the means by which abusive spouses may obtain

8 information concerning the addresses or locations of es9 tranged or former spouses, notwithstanding the desire of the

10 victims to have such information withheld to avoid further

11 exposure to abuse. Based on the study, the Attorney General

12 shall transmit a report to Congress including—

13 (1) the findings of the study concerning the

14 means by which information concerning the addresses

15 or locations of abused spouses may be obtained by

16 abusers; and

17 (2) analysis of the feasibility of creating effective

18 means of protecting the confidentiality of information

19 concerning the addresses and locations of abused

20 spouses to protect such persons from exposure to fur21 ther abuse while preserving access to such information

22 for legitimate purposes.

23 (b) USE OF COMPONENTS.—The Attorney General

24 may use the National Institute of Justice and the Office

25 for Victims of Crime in carrying out this section.
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1 SEC. 302. REPORT ON RECORDKEEPING RELATING TO DO2 MESTIC VIOLENCE.

3 Not later than 1 year after the date of enactment of

4 this Act, the Attorney General shall complete a study of,

5 and shall submit to Congress a report and recommendations

6 on, problems of recordkeeping of criminal complaints in7 volving domestic violence. The study and report shall exam8 ine—

9 (1) the efforts that have been made by the De10 partment of Justice, including the Federal Bureau of

11 Investigation, to collect statistics on domestic violence;

12 and

13 (2) the feasibility of requiring that the relation14 ship between an offender and victim be reported in

15 Federal records of crimes of aggravated assault, rape,

16 and other violent crimes.

17 Subtitle B—Justice Department

18 Task Force on Violence Against

19 Women

20 SEC. 311. ESTABLISHMENT.

21 Not later than 30 days after the date of enactment of

22 this Act, the Attorney General shall establish a task force

23 to be known as the Attorney General’s Task Force on Vio24 lence Against Women (referred to in this subtitle as the

25 ‘‘Task Force’’).
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1 SEC. 312. GENERAL PURPOSES OF TASK FORCE.

2 (a) GENERAL PURPOSE OF THE TASK FORCE.—The

3 Task Force shall review Federal, State, and local strategies

4 for preventing and punishing violent crimes against

5 women, including the enhancement and protection of the

6 rights of the victims of such crimes, and make recommenda7 tions to improve the response to such crimes.

8 (b) FUNCTIONS.—The Task Force shall perform such

9 functions as the Attorney General deems appropriate to

10 carry out the purposes of the Task Force, including—

11 (1) evaluating the adequacy of, and making rec12 ommendations regarding, current law enforcement ef13 forts at the Federal and State levels to reduce the rate

14 of violent crimes against women;

15 (2) evaluating the adequacy of, and making rec16 ommendations regarding, the responsiveness of State

17 prosecutors and State courts to violent crimes against

18 women;

19 (3) evaluating the adequacy of State and Federal

20 rules of evidence, practice, and procedure to ensure

21 the effective prosecution and conviction of violent of22 fenders against women and to protect victims from

23 abuse in legal proceedings, making recommendations,

24 where necessary, to improve those rules;

25 (4) evaluating the adequacy of pretrial release,

26 sentencing, incarceration, and post-conviction release
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1 for crimes that predominantly affect women, such as

2 rape and domestic violence;

3 (5) evaluating the adequacy of, and making rec4 ommendations regarding, the adequacy of State and

5 Federal laws on sexual assault and the need for a

6 more uniform statutory response to sex offenses, in7 cluding sexual assaults and other sex offenses commit8 ted by offenders who are known or related by blood

9 or marriage to the victim;

10 (6) evaluating the adequacy of, and making rec11 ommendations regarding, the adequacy of State and

12 Federal laws on domestic violence and the need for a

13 more uniform statutory response to domestic violence;

14 (7) evaluating the adequacy of, and making rec15 ommendations regarding, the adequacy of current

16 education, prevention, and protection services for

17 women victims of violent crimes;

18 (8) assessing the issuance, formulation, and en19 forcement of protective orders, whether or not related

20 to a criminal proceeding, and making recommenda21 tions for their more effective use in domestic violence

22 and stalking cases;

23 (9) assessing the problem of stalking and persist24 ent menacing and recommending an effective Federal

25 response to the problem;
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1 (10) evaluating the adequacy of, and making rec2 ommendations regarding, the national public aware3 ness and the public dissemination of information es4 sential to the prevention of violent crimes against

5 women;

6 (11) evaluating the treatment of women as vic7 tims of violent crime in the State and Federal crimi8 nal justice system, and making recommendations to

9 improve such treatment; and

10 (12) assessing the problem of sexual exploitation

11 of women and youths through prostitution and in the

12 production of pornography, and recommending effec13 tive means of response to the problem.

14 SEC. 313. MEMBERSHIP.

15 (a) CHAIR; NUMBER AND APPOINTMENT.—The Task

16 Force shall be chaired by the Attorney General (or designee).

17 Not later than 60 days after the date of the enactment of

18 this Act, after consultation with the Secretary of Health and

19 Human Services, the Secretary of Education, and the Sec20 retary of Housing and Urban Development, the Attorney

21 General shall select up to 14 other members to serve on the

22 Task Force.

23 (b) PARTICIPATION.—The Attorney General (or des24 ignee) shall select, without regard to political affiliation,

25 members who are specially qualified to serve on the Task
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1 Force based on their involvement in efforts to combat vio2 lence against women, assistance or service to victims of such

3 violence, or other pertinent experience or expertise. The At4 torney General shall ensure that the Task Force includes

5 a broad base of participation by including members with

6 backgrounds in such areas as law enforcement, victim serv7 ices and advocacy, legal defense and prosecution, judicial

8 administration, medical services, and counseling.

9 (c) VACANCIES.—The Attorney General may fill any

10 vacancy that occurs on the Task Force.

11 SEC. 314. TASK FORCE OPERATIONS.

12 (a) MEETINGS.—The Task Force shall hold its first

13 meeting on a date specified by the Attorney General (or des14 ignee), but shall not be later than 60 days after the date

15 of the enactment of this Act. After the initial meeting, the

16 Task Force shall meet at the call of the Attorney General

17 (or designee), but shall meet at least 6 times.

18 (b) PAY.—Members of the Task Force who are officers

19 or employees or elected officials of a government entity shall

20 receive no additional compensation by reason of their serv21 ice on the Task Force.

22 (c) PER DIEM.—Except as provided in subsection (b),

23 members of the Task Force shall be allowed travel and other

24 expenses including per diem in lieu of subsistence, at rates
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1 authorized for employees of agencies under sections 5702

2 and 5703 of title 5, United States Code.

3 SEC. 315. REPORTS.

4 (a) IN GENERAL.—Not later than 1 year after the date

5 on which the Task Force is fully constituted under section

6 313, the Task Force shall prepare and submit a final report

7 to the President and to congressional committees that have

8 jurisdiction over legislation addressing violent crimes

9 against women, including the crimes of domestic and sexual

10 assault.

11 (b) CONTENTS.—The final report submitted under

12 paragraph (1) shall contain a detailed statement of the ac13 tivities of the Task Force and of the findings and conclu14 sions of the Task Force, including such recommendations

15 for legislation and administrative action as the Task Force

16 considers appropriate.

17 SEC. 316. EXECUTIVE DIRECTOR AND STAFF.

18 (a) EXECUTIVE DIRECTOR.—

19 (1) APPOINTMENT.—The Task Force shall have

20 an Executive Director who shall be appointed by the

21 Attorney General (or designee), with the approval of

22 the Task Force.

23 (2) COMPENSATION.—The Executive Director

24 shall be compensated at a rate not to exceed the maxi25 mum rate of the basic pay payable for a position
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1 above GS–15 of the General Schedule contained in

2 title 5, United States Code.

3 (b) STAFF.—With the approval of the Task Force, the

4 Executive Director may appoint and fix the compensation

5 of such additional personnel as the Executive Director con6 siders necessary to carry out the duties of the Task Force.

7 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex8 ecutive Director and the additional personnel of the Task

9 Force appointed under subsection (b) may be appointed

10 without regard to the provisions of title 5, United States

11 Code, governing appointments in the competitive service,

12 and may be paid without regard to the provisions of chapter

13 51 and subchapter III of chapter 53 of such title relating

14 to classification and General Schedule pay rates.

15 (d) CONSULTANTS.—Subject to such rules as may be

16 prescribed by the Task Force, the Executive Director may

17 procure temporary or intermittent services under section

18 3109(b) of title 5, United States Code, at rates for individ19 uals not to exceed $200 per day.

20 SEC. 317. POWERS OF TASK FORCE.

21 (a) HEARINGS.—For the purposes of carrying out this

22 subtitle, the Task Force may conduct such hearings, sit and

23 act at such times and places, take such testimony, and re24 ceive such evidence, as the Task Force considers appro-
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1 priate. The Task Force may administer oaths for testimony

2 before the Task Force.

3 (b) DELEGATION.—Any member or employee of the

4 Task Force may, if authorized by the Task Force, take any

5 action that the Task Force is authorized to take under this

6 subtitle.

7 (c) ACCESS TO INFORMATION.—The Task Force may

8 request directly from any executive department or agency

9 such information as may be necessary to enable the Task

10 Force to carry out this subtitle, on the request of the Attor11 ney General (or designee).

12 (d) MAILS.—The Task Force may use the United

13 States mails in the same manner and under the same condi14 tions as other departments and agencies of the United

15 States.

16 SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated to carry out

18 this subtitle $500,000 for fiscal year 1994.

19 SEC. 319. TERMINATION.

20 The Task Force shall cease to exist 30 days after the

21 date on which its final report is submitted under section

22 315.
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1 Subtitle C—STD Testing

2 SEC. 321. PAYMENT OF COST OF STD TESTING FOR VICTIMS

3 IN SEX OFFENSE CASES.

4 Section 503(c)(7) of the Victims’ Rights and Restitu5 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

6 adding at the end the following: ‘‘The Attorney General

7 shall authorize the Director of the Office of Victims of Crime

8 to provide for the payment of the cost of up to two tests

9 of the victim for sexually transmitted diseases, including,

10 but not limited to gonorrhea, herpes, chlamydia, syphilis,

11 and HIV, during the 12 months following sexual assaults

12 that pose a risk of transmission, and the cost of a counseling

13 session by a medically trained professional on the accuracy

14 of such tests and the risk of transmission of sexually trans15 mitted diseases to the victim as the result of the assault.’’.

16 Subtitle D—Grant Programs

17 SEC. 331. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

18 (a) FINDINGS.—Congress finds that—

19 (1) 4,000,000 women are battered by their part20 ners each year, of which 4,000 die as a result of such

21 abuse;

22 (2) victims of domestic violence need access to re23 sources which will refer such victims and their chil24 dren to safe homes and shelters; and
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1 (3) there is a need for a national domestic vio2 lence hotline to provide information and assistance to

3 victims of domestic violence because a privately fund4 ed national domestic violence hotline which handled

5 more than 65,000 crisis calls annually no longer ex6 ists.

7 (b) IN GENERAL.—The Attorney General, through the

8 Bureau of Justice Assistance, shall provide a grant to a

9 nonprofit private organization to establish and operate a

10 national, toll-free telephone hotline to provide information

11 and assistance to victims of domestic violence. A grant pro12 vided under this subsection may extend over a period of

13 not more than 3 fiscal years and the provision of payments

14 under such grant shall be subject to annual approval by

15 the Attorney General and subject to the availability of ap16 propriations for the fiscal year involved to make the pay17 ments.

18 (c) APPLICATION.—

19 (1) IN GENERAL.—The Attorney General may

20 not provide a grant under subsection (b) unless an

21 application that meets the requirements of paragraph

22 (2) has been approved by the Attorney General.

23 (2) REQUIREMENTS.—An application meets the

24 requirements of this paragraph if the application—
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1 (A) contains such agreements, assurances,

2 and information, and is in such form and sub3 mitted in such manner as the Attorney General

4 shall prescribe through notice in the Federal Reg5 ister;

6 (B) demonstrates that the applicant has na7 tionally recognized expertise in the area of do8 mestic violence and a record of high quality serv9 ice to victims of domestic violence, including

10 support from advocacy groups, particularly

11 State coalitions and recognized national domes12 tic violence groups;

13 (C) demonstrates that the applicant has a

14 commitment to diversity, including the hiring of

15 and provision of services to ethnic, racial, cul16 tural, and non-English speaking minorities, in

17 addition to older individuals and individuals

18 with disabilities;

19 (D) demonstrates that the applicant has the

20 ability to integrate the hotline into existing serv21 ices provided by the applicant to victims of do22 mestic violence;

23 (E) includes a complete description of the

24 applicant’s plan for the establishment and oper25 ation of the hotline, including a description of—
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1 (i) the hiring criteria and training

2 program for hotline personnel;

3 (ii) the methods for the creation, main4 tenance, and updating of a resource

5 database for the hotline;

6 (iii) a plan for providing service on a

7 24-hour-a-day basis to non-English speak8 ing callers, including hotline personnel who

9 speak Spanish;

10 (iv) a plan for access to the hotline by

11 individuals with hearing impairments; and

12 (v) a plan for publicizing the avail13 ability of the hotline; and

14 (F) contains such other information as the

15 Attorney General may require.

16 (d) SELECTION.—The Attorney General shall select a

17 nonprofit private organization to receive a grant under sub18 section (b) which has been in existence for at least 5 years

19 from the date of submission of the application by the orga20 nization.

21 (e) USES.—A grant made under subsection (b) shall

22 be used to establish and operate a national, toll-free tele23 phone hotline to provide information and assistance to vic24 tims of domestic violence. In establishing and operating the

25 hotline, a nonprofit private organization shall—
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1 (1) contract with a carrier for the use of a toll2 free telephone line;

3 (2) employ, train, and supervise personnel to an4 swer incoming calls and provide counseling and refer5 ral services to callers on a 24-hour-a-day basis;

6 (3) establish, maintain, and update a database

7 of information relating to services for victims of do8 mestic violence, including information on the avail9 ability of shelters that serve battered women; and

10 (4) publicize the hotline to potential users

11 throughout the United States.

12 (f) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—There is authorized to be ap14 propriated to carry out this section $1,000,000 for

15 each of the fiscal years 1994 through 1996.

16 (2) AVAILABILITY.—Funds authorized to be ap17 propriated under paragraph (1) shall remain avail18 able until expended.

19 SEC. 332. GRANTS FOR COMMUNITY PROGRAMS ON DOMES20 TIC VIOLENCE.

21 (a) IN GENERAL.—Title I of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

23 as amended by section 221 of this Act, is amended by—

24 (1) redesignating part T as part U;
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1 (2) redesignating section 2001 as section 2101;

2 and

3 (3) adding after part S the following new part:

4 ‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS

5 ON DOMESTIC VIOLENCE

6 ‘‘SEC. 2001. GRANT AUTHORITY.

7 ‘‘The Director shall provide grants to establish projects

8 in local communities involving many sectors of each com9 munity to coordinate intervention and prevention of domes10 tic violence.

11 ‘‘SEC. 2002. APPLICATIONS.

12 ‘‘(a) IN GENERAL.—An organization that desires to re13 ceive a grant under this section shall submit to the Director

14 an application, in such form and in such manner as the

15 Director may reasonably require that—

16 ‘‘(1) demonstrates that the applicant will serve a

17 community leadership function, bringing together

18 opinion leaders from each sector of the community to

19 develop a coordinated community consensus opposing

20 domestic violence;

21 ‘‘(2) demonstrates a community action compo22 nent to improve and expand current intervention and

23 prevention strategies through increased communica24 tion and coordination among all affected sectors;
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1 ‘‘(3) includes a complete description of the appli2 cant’s plan for the establishment and operation of the

3 community project, including a description of—

4 ‘‘(A) the method for identification and selec5 tion of an administrative committee made up of

6 persons knowledgeable in domestic violence to

7 oversee the project, hire staff, assure compliance

8 with the project outline, and secure annual eval9 uation of the project;

10 ‘‘(B) the method for identification and selec11 tion of project staff and a project evaluator;

12 ‘‘(C) the method for identification and selec13 tion of a project council consisting of representa14 tives of the community sectors listed in sub15 section (b)(2);

16 ‘‘(D) the method for identification and se17 lection of a steering committee consisting of rep18 resentatives of the various community sectors

19 who will chair subcommittees of the project coun20 cil focusing on each of the sectors; and

21 ‘‘(E) a plan for developing outreach and

22 public education campaigns regarding domestic

23 violence; and

24 ‘‘(4) contains such other information, agree25 ments, and assurances as the Director may require.
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1 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

2 this section, such application shall include—

3 ‘‘(1) an assurance that the applicant is a non4 profit private organization organized for the purpose

5 of coordinating community projects for the interven6 tion in and prevention of domestic violence; and

7 ‘‘(2) an assurance that such nonprofit organiza8 tion includes representation from pertinent sectors of

9 the local community, including—

10 ‘‘(A) health care providers;

11 ‘‘(B) the education community;

12 ‘‘(C) the religious community;

13 ‘‘(D) the justice system;

14 ‘‘(E) domestic violence program advocates;

15 ‘‘(F) human service entities such as State

16 child services divisions; and

17 ‘‘(G) business and civic leaders.

18 ‘‘SEC. 2003. AWARD OF GRANTS.

19 ‘‘(a) TERM.—A grant provided under this section may

20 extend over a period of not more than 3 fiscal years.

21 ‘‘(b) CONDITIONS ON PAYMENT.—Payments under a

22 grant under this section shall be subject to—

23 ‘‘(1) annual approval by the Director; and

24 ‘‘(2) availability of appropriations.
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1 ‘‘(c) GEOGRAPHICAL DISPERSION.—The Director shall

2 award grants under this section to organizations in com3 munities geographically dispersed throughout the country.

4 ‘‘SEC. 2004. USES OF FUNDS.

5 ‘‘(a) IN GENERAL.—A grant made under subsection

6 (a) shall be used to establish and operate a community

7 project to coordinate intervention and prevention of domes8 tic violence.

9 ‘‘(b) REQUIREMENTS.—In establishing and operating

10 a project, a nonprofit private organization shall—

11 ‘‘(1) establish protocols to improve and expand

12 domestic violence intervention and prevention strate13 gies among all affected sectors;

14 ‘‘(2) develop action plans to direct responses

15 within each community sector that are in conjunction

16 with development in all other sectors; and

17 ‘‘(3) provide for periodic evaluation of the

18 project with a written report and analysis to assist

19 application of this concept in other communities.’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

21 1001 of the Omnibus Crime Control and Safe Streets Act

22 of 1968 is amended by adding after paragraph (13), as

23 added by section 221 of this Act, the following:

24 ‘‘(14) There are authorized to be appropriated to carry

25 out part T $20,000,000 for fiscal year 1994 and such sums
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1 as are necessary for each of the fiscal years 1995, 1996,

2 and 1997, to remain available until expended.’’.

3 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

4 of title I of the Omnibus Crime Control and Safe Streets

5 Act of 1968, as amended by section 221 of this Act, is

6 amended by striking ‘‘O, Q, R, and S’’ and inserting ‘‘O,

7 Q, R, S, and T’’; and

8 (2) Section 802(b) of title I of the Omnibus Crime Con9 trol and Safe Streets Act of 1968, as amended by section

10 221 of this Act, is amended by striking ‘‘O, Q, R, or S’’

11 and inserting ‘‘O, Q, R, S, or T’’.

12 (d) CONFORMING AMENDMENT.—The table of contents

13 of title I of the Omnibus Crime Control and Safe Streets

14 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

15 221 of this Act, is amended by striking the matter relating

16 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.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
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1 TITLE IV—EQUAL JUSTICE FOR

2 WOMEN IN THE COURTS

3 Subtitle A—Education and Train4 ing for Judge and Court Person5 nel in State Courts

6 SEC. 401. GRANTS AUTHORIZED.

7 The State Justice Institute is authorized to award

8 grants for the purpose of developing, testing presenting, and

9 disseminating model programs to be used by States in

10 training judges and court personnel in the laws of the

11 States on rape, sexual assault, domestic violence, and other

12 crimes of violence motivated by gender.

13 SEC. 402. TRAINING PROVIDED BY GRANTS.

14 Training provided pursuant to grants made under this

15 subtitle may include current information, existing studies,

16 or current data on—

17 (1) the nature and incidence of rape and sexual

18 assault by strangers and nonstrangers, marital rape,

19 and incest;

20 (2) the underreporting of rape, sexual assault,

21 and child sexual abuse;

22 (3) the physical, psychological, and economic im23 pact of rape and sexual assault on the victim, the

24 costs to society, and the implications for sentencing;
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1 (4) the psychology of sex offenders, their high

2 rate of recidivism, and the implications for sentenc3 ing;

4 (5) the historical evolution of laws and attitudes

5 on rape and sexual assault;

6 (6) sex stereotyping of female and male victims

7 of rape and sexual assault, racial stereotyping of rape

8 victims and defendants, and the impact of such

9 stereotypes on credibility of witnesses, sentencing, and

10 other aspects of the administration of justice;

11 (7) application of rape shield laws and other

12 limits on introduction of evidence that may subject

13 victims to improper sex stereotyping and harassment

14 in both rape and nonrape cases, including the need

15 for sua sponte judicial intervention in inappropriate

16 cross-examination;

17 (8) the use of expert witness testimony on rape

18 trauma syndrome, child sexual abuse accommodation

19 syndrome, post-traumatic stress syndrome, and simi20 lar issues;

21 (9) the legitimate reasons why victims or rape,

22 sexual assault, domestic violence, and incest may

23 refuse to testify against a defendant;

24 (10) the nature and incidence of domestic vio25 lence;
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1 (11) the physical, psychological, and economic

2 impact of domestic violence on the victim, the costs to

3 society, and the implications for court procedures and

4 sentencing;

5 (12) the psychology and self-presentation of

6 batterers and victims and the negative implications

7 for court proceedings and credibility of witnesses;

8 (13) sex stereotyping of female and male victims

9 of domestic violence, myths about presence or absence

10 of domestic violence in certain racial, ethnic, reli11 gious, or socioeconomic groups, and their impact on

12 the administration of justice;

13 (14) historical evolution of laws and attitudes on

14 domestic violence;

15 (15) proper and improper interpretations of the

16 defenses of self-defense and provocation, and the use

17 of expert witness testimony on battered woman syn18 drome;

19 (16) the likelihood of retaliation, recidivism, and

20 escalation of violence by batterers, and the potential

21 impact of incarceration and other meaningful sanc22 tions for acts of domestic violence including violations

23 of orders of protection;

24 (17) economic, psychological, social and institu25 tional reasons for victims’ inability to leave the
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1 batterer, to report domestic violence or to follow

2 through on complaints, including the influence of lack

3 of support from police, judges, and court personnel,

4 and the legitimate reasons why victims of domestic

5 violence may refuse to testify against a defendant and

6 should not be held in contempt;

7 (18) the need for orders of protection, and the

8 negative implications of mutual orders of protection,

9 dual arrest policies, and mediation in domestic vio10 lence cases; and

11 (19) recognition of and response to gender-moti12 vated crimes of violence other than rape, sexual as13 sault and domestic violence, such as mass or serial

14 murder motivated by the gender of the victims.

15 SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.

16 The State Justice Institute shall ensure that model

17 programs carried out pursuant to grants made under this

18 subtitle are developed with the participation of law enforce19 ment officials, public and private nonprofit victim advo20 cates, legal experts, prosecutors, defense attorneys, and rec21 ognized experts on gender bias in the courts.

22 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated for fiscal year

24 1994, $600,000 to carry out the purposes of this subtitle.

25 Of amounts appropriated under this section, the State Jus-
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1 tice Institute shall expend no less than 40 percent on model

2 programs regarding domestic violence and no less than 40

3 percent on model programs regarding rape and sexual as4 sault.

5 Subtitle B—Education and Train6 ing for Judges and Court Per7 sonnel in Federal Courts

8 SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU9 CATION AND TRAINING GRANTS.

10 (a) STUDY.—In order to gain a better understanding

11 of the nature and the extent of gender bias in the Federal

12 courts, the circuit judicial councils are encouraged to con13 duct studies of the instances of gender bias in their respec14 tive circuits. The studies may include an examination of

15 the effects of gender on—

16 (1) the treatment of litigants, witnesses, attor17 neys, jurors, and judges in the courts, including before

18 magistrate and bankruptcy judges;

19 (2) the interpretation and application of the law,

20 both civil and criminal;

21 (3) treatment of defendants in criminal cases;

22 (4) treatment of victims of violent crimes;

23 (5) sentencing;
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1 (6) sentencing alternatives, facilities for incar2 ceration, and the nature of supervision of probation,

3 parole, and supervised release;

4 (7) appointments to committees of the Judicial

5 Conference and the courts;

6 (8) case management and court sponsored alter7 native dispute resolution programs;

8 (9) the selection, retention, promotion, and treat9 ment of employees;

10 (10) appointment of arbitrators, experts, and

11 special masters;

12 (11) the admissibility of past sexual history in

13 civil and criminal cases; and

14 (12) the aspects of the topics listed in section 402

15 that pertain to issues within the jurisdiction of the

16 Federal courts.

17 (b) CLEARINGHOUSE.—The Judicial Conference of the

18 United States shall designate an entity within the Judicial

19 Branch to act as a clearinghouse to disseminate any reports

20 and materials issued by the gender bias task forces under

21 subsection (a) and to respond to requests for such reports

22 and materials. The gender bias task forces shall provide this

23 entity with their reports and related material.
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1 (c) MODEL PROGRAMS.—The Federal Judicial Center,

2 in carrying out section 620(b)(3) of title 28, United States

3 Code, shall—

4 (1) include in the educational programs it pre5 sents and prepares, including the training programs

6 for newly appointed judges, information on issues re7 lated to gender bias in the courts including such areas

8 as are listed in subsection (a) along with such other

9 topics as the Federal Judicial Center deems appro10 priate;

11 (2) prepare materials necessary to implement

12 this subsection; and

13 (3) take into consideration the findings and rec14 ommendations of the studies conducted pursuant to

15 subsection (a), and to consult with individuals and

16 groups with relevant expertise in gender bias issues as

17 it prepares or revises such materials.

18 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There is authorized to be appro20 priated—

21 (1) $600,000 to the Salaries and Expenses Ac22 count of the Courts of Appeals, District Courts, and

23 other Judicial Services, to carry out section 411(a),

24 to be available until expended through fiscal year

25 1996;
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1 (2) $100,000 to the Federal Judicial Center to

2 carry out section 411(c) and any activities designated

3 by the Judicial Conference under section 411(b); and

4 (3) such sums as are necessary to the Adminis5 trative Office of the United States Courts to carry out

6 any activities designated by the Judicial Conference

7 under section 411(b).

8 (b) THE JUDICIAL CONFERENCE OF THE UNITED

9 STATES.—(1) The Judicial Conference of the United States

10 Courts shall allocate funds to Federal circuit courts under

11 this subtitle that—

12 (A) undertake studies in their own circuits; or

13 (B) implement reforms recommended as a result

14 of such studies in their own or other circuits, includ15 ing education and training.

16 (2) Funds shall be allocated to Federal circuits under

17 this subtitle on a first come first serve basis in an amount

18 not to exceed $100,000 on the first application. If within

19 6 months after the date on which funds authorized under

20 this Act become available, funds are still available, circuits

21 that have received funds may reapply for additional funds,

22 with not more than $200,000 going to any one circuit.

23 Subtitle C—Evidentiary Rules

24 SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

25 (a) FINDINGS.—The Congress finds that—
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1 (1) State criminal courts often fail to admit ex2 pert testimony offered by a defendant concerning the

3 nature and effect of physical, sexual, and mental

4 abuse to assist the trier of fact in assessing the behav5 ior, beliefs, or perceptions of such defendant in a do6 mestic relationship in which abuse has occurred;

7 (2) the average juror often has little understand8 ing of the nature and effect of domestic violence on

9 such a defendant’s behavior, beliefs, or perceptions,

10 and the lack of understanding can result in the juror

11 blaming the woman for her victimization;

12 (3) the average juror is often unaware that vic13 tims of domestic violence are frequently in greater

14 danger of violence after they terminate or attempt to

15 terminate domestic relationships with their abuser;

16 (4) myths, misconceptions, and victim-blaming

17 attitudes are often held not only by the average lay

18 person but also by many in the criminal justice sys19 tem, insofar as the criminal justice system tradition20 ally has failed to protect women from violence at the

21 hands of men;

22 (5) specialized knowledge of the nature and effect

23 of domestic violence is sufficiently established to have

24 gained the general acceptance which is required for

25 the admissibility of expert testimony;
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1 (6) although both men and women can be vic2 tims of physical, sexual, and mental abuse by their

3 partners in domestic relationships, the most frequent

4 victims are women; and

5 (7) a woman is more likely to be assaulted and

6 injured, raped, or killed by her current or former

7 male partner than by any other type of assailant,

8 and over one-half of all women murdered are killed

9 by their current or former male partners.

10 (b) SENSE OF CONGRESS.—It is the sense of the Con11 gress that the executive branch, working through the State

12 Justice Institute, should examine programs which would

13 allow the States to consider—

14 (1) that expert testimony concerning the nature

15 and effect of domestic violence, including descriptions

16 of the experiences of battered women, be admissible

17 when offered in a State court by a defendant in a

18 criminal case to assist the trier of fact in understand19 ing the behavior, beliefs, or perceptions of such defend20 ant in a domestic relationship in which abuse has oc21 curred;

22 (2) that a witness be qualified to testify as an

23 expert witness based upon her or his knowledge, skill,

24 experience, training, or education, and be permitted

25 to testify in the form of an opinion or otherwise; and
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1 (3) that expert testimony about a domestic rela2 tionship be admissible to include testimony of rela3 tionships between spouses, former spouses, cohabi4 tants, former cohabitants, partners or former part5 ners, and between persons who are in, or have been

6 in, a dating, courtship, or intimate relationship.

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