I 

113TH CONGRESS 

1ST SESSION H. R. 393 

To consolidate, improve, and reauthorize programs that support families and 

victims in the justice system affected by domestic violence. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2013 

Mr. HONDA introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To consolidate, improve, and reauthorize programs that support families and victims in the justice system affected 

by domestic violence. 

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

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Domestic Violence Judicial Support Act of 2013’’. 

6 (b) FINDINGS.—The Congress finds as follows: 

7 (1) The 2010 National Survey by the Centers 

8 for Disease Control and Prevention found that 1 in 

9 4 women have been the victim of severe physical vio10 lence by an intimate partner, while 1 in 7 men expeVerDate Mar 15 2010 04:56 Feb 05, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H393.IH H393

smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 393 IH

1 rienced severe physical violence by an intimate part2 ner. Female victims of intimate partner violence ex3 perienced different patterns of violence than male 

4 victims. Female victims experienced multiple forms 

5 of these types of violence; male victims most often 

6 experienced physical violence. 

7 (2) A critical issue in domestic violence cases is 

8 the risk of continued victimization during the pre9 trial period. Offenders may violate no-contact orders, 

10 further injure victims, or intimidate them. Such oc11 currences highlight a critical need for efficiency in 

12 court proceedings. 

13 (3) Of 3,750 intimate partner violence cases 

14 filed in State courts in 16 large urban counties in 

15 2002, children were present during the violent inci16 dent in 36 percent of the cases. Of those children 

17 who were present, 60 percent directly witnessed the 

18 violence. Court collection of information and statis19 tics related to children who witnessed a violent inci20 dent between intimate partners assists courts in 

21 identifying children in need of services as a result of 

22 such an incident. 

23 (4) Domestic violence cases involving spouses 

24 and other intimate partners often entail complex 

25 processes that require careful consideration by the 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 393 IH

1 criminal justice system. In the 1990s, many jurisdic2 tions began to create specialized domestic violence 

3 courts for judges to ensure follow-through on cases, 

4 aid domestic violence victims, and hold offenders ac5 countable, with the assistance of justice and social 

6 service agencies. By specializing in domestic violence 

7 offenses, these courts aim to process cases more effi8 ciently and deliver more consistent rulings about do9 mestic violence statutes. Some domestic violence 

10 courts also incorporate a stronger focus on rehabili11 tation of offenders and deterrence of repeat offenses. 

12 These courts can also be more sensitive to the needs 

13 of victims and be able to direct victims to additional 

14 community resources. 

15 (5) One-third of violent felony defendants in 

16 State criminal courts have been charged with domes17 tic violence. 

18 (6) Teen dating violence cases are best handled 

19 by courts who have had the training to make in20 formed decisions and have the resources to make 

21 services available, on-site and in the community, in22 cluding— 

23 (A) counseling; 

24 (B) victim witness services; 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 393 IH

1 (C) assistance with civil restraining orders, 

2 paternity determinations, custody and access 

3 orders, and child support orders; and 

4 (D) locating other assistance needed by 

5 teen victims. 

6 (7) There are more than 400,000 children in 

7 foster care in the United States. Congress has 

8 charged juvenile courts with oversight of child wel9 fare cases. Highly trained and engaged judges fo10 cused on effective case oversight and system reform 

11 have been shown to save significant foster care costs 

12 for the States. 

13 (8) A 2009 study by the Department of Justice 

14 found that Kentucky saved $85,000,000 in one year 

15 through the issuance of protection orders and the re16 duction in violence resulting from the issuance of 

17 such orders. Examples such as this are prevalent 

18 across the Nation. 

19 (9) Children with a Court Appointed Special 

20 Advocate volunteer experience fewer out of home 

21 placements, are less likely to age out of foster care 

22 without a permanent home, and have significantly 

23 improved education performance, compared to their 

24 peers without a volunteer advocate. 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 393 IH

1 (10) By reducing long-term foster care place2 ments, subsequent victimization, and reentry into 

3 the foster care system, the Court Appointed Special 

4 Advocate program substantially reduces child welfare 

5 costs. 

6 SEC. 2. CONSOLIDATION OF GRANTS TO SUPPORT FAMI7 LIES AND VICTIMS IN THE JUSTICE SYSTEM. 

8 (a) IN GENERAL.—Title III of division B of the Vic9 tims of Trafficking and Violence Protection Act of 2000 

10 (Public Law 106–386; 114 Stat. 1509) is amended by 

11 striking the section preceding section 1302 (42 U.S.C. 

12 10420), as amended by section 306 of the Violence 

13 Against Women and Department of Justice Reauthoriza14 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

15 and inserting the following: 

16 ‘‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION 

17 IMPROVEMENTS. 

18 ‘‘(a) IN GENERAL.—The Attorney General may make 

19 grants to States, units of local government, courts (includ20 ing juvenile courts), Indian tribal governments, nonprofit 

21 organizations, legal services providers, and victim services 

22 providers to improve the response of all aspects of the civil 

23 and criminal justice system to families and victims with 

24 a history of domestic violence, dating violence, sexual asVerDate Mar 15 2010 04:56 Feb 05, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H393.IH H393

smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 393 IH

1 sault, or stalking, or in cases involving allegations of child 

2 sexual abuse. 

3 ‘‘(b) USE OF FUNDS.—A grant under this section 

4 may be used to— 

5 ‘‘(1) provide supervised visitation and safe visi6 tation exchange of children and youth by and be7 tween parents in situations involving domestic vio8 lence, dating violence, child sexual abuse, sexual as9 sault, or stalking; 

10 ‘‘(2) develop and promote State, local, and trib11 al legislation, policies, and best practices for improv12 ing civil and criminal court functions, responses, 

13 practices, and procedures in cases involving a history 

14 of domestic violence, dating violence, sexual assault, 

15 or stalking, or in cases involving allegations of child 

16 sexual abuse, including cases in which the victim 

17 proceeds pro se; 

18 ‘‘(3) educate court-based and court-related per19 sonnel (including custody evaluators and guardians 

20 ad litem) and child protective services workers on 

21 the dynamics of domestic violence, dating violence, 

22 sexual assault (including child sexual abuse), and 

23 stalking, including information on perpetrator behav24 ior, evidence-based risk factors for domestic and dat25 ing violence homicide, and on issues relating to the 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 393 IH

1 needs of victims, including safety, security, privacy, 

2 and confidentiality, including cases in which the vic3 tim proceeds pro se; 

4 ‘‘(4) provide appropriate resources in juvenile 

5 court matters to respond to dating violence, domestic 

6 violence, sexual assault (including child sexual 

7 abuse), and stalking and ensure necessary services 

8 dealing with the health and mental health of victims 

9 are available; 

10 ‘‘(5) enable courts or court-based or court-re11 lated programs to develop or enhance— 

12 ‘‘(A) court infrastructure (such as special13 ized courts, consolidated courts, dockets, intake 

14 centers, or interpreter services); 

15 ‘‘(B) community-based initiatives within 

16 the court system (such as court watch pro17 grams, victim assistants, pro se victim assist18 ance programs, or community-based supple19 mentary services); 

20 ‘‘(C) offender management, monitoring, 

21 and accountability programs; 

22 ‘‘(D) safe and confidential information23 storage and information-sharing databases 

24 within and between court systems; 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 393 IH

1 ‘‘(E) education and outreach programs to 

2 improve community access, including enhanced 

3 access for underserved populations; and 

4 ‘‘(F) other projects likely to improve court 

5 responses to domestic violence, dating violence, 

6 sexual assault, and stalking; 

7 ‘‘(6) provide civil legal assistance and advocacy 

8 services, including legal information and resources in 

9 cases in which the victim proceeds pro se, to— 

10 ‘‘(A) victims of domestic violence, dating 

11 violence, sexual assault, or stalking; and 

12 ‘‘(B) nonoffending parents in matters— 

13 ‘‘(i) that involve allegations of child 

14 sexual abuse; 

15 ‘‘(ii) that relate to family matters, in16 cluding civil protection orders, custody, 

17 and divorce; and 

18 ‘‘(iii) in which the other parent is rep19 resented by counsel; 

20 ‘‘(7) collect data and provide training and tech21 nical assistance, including developing State, local, 

22 and tribal model codes and policies, to improve the 

23 capacity of grantees and communities to address the 

24 civil and criminal justice needs of victims of domes25 tic violence, dating violence, sexual assault, and 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 393 IH

1 stalking who have legal representation, who are pro2 ceeding pro se, or are proceeding with the assistance 

3 of a legal advocate; and 

4 ‘‘(8) improve training and education to assist 

5 judges, judicial personnel, attorneys, child welfare 

6 personnel, and legal advocates in the civil, criminal, 

7 and juvenile justice systems. 

8 ‘‘(c) CONSIDERATIONS.— 

9 ‘‘(1) IN GENERAL.—In making grants for pur10 poses described in paragraphs (1) through (7) of 

11 subsection (b), the Attorney General shall consider— 

12 ‘‘(A) the number of families and victims to 

13 be served by the proposed programs and serv14 ices; 

15 ‘‘(B) the extent to which the proposed pro16 grams and services serve underserved popu17 lations; 

18 ‘‘(C) the extent to which the applicant 

19 demonstrates cooperation and collaboration 

20 with nonprofit, nongovernmental entities in the 

21 local community with demonstrated histories of 

22 effective work on domestic violence, dating vio23 lence, sexual assault, or stalking, including 

24 State or tribal domestic violence coalitions, 

25 State or tribal sexual assault coalitions, local 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 393 IH

1 shelters, and programs for domestic violence 

2 and sexual assault victims; and 

3 ‘‘(D) the extent to which the applicant 

4 demonstrates coordination and collaboration 

5 with State, tribal, and local court systems, in6 cluding mechanisms for communication and re7 ferral. 

8 ‘‘(2) OTHER GRANTS.—In making grants under 

9 paragraph (8) of subsection (b), the Attorney Gen10 eral shall consider the extent to which the applicant 

11 has experience providing training, education, or 

12 other assistance to the judicial system related to 

13 family violence, child custody, child abuse and ne14 glect, adoption, foster care, supervised visitation, di15 vorce, and parentage. 

16 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney 

17 General may make a grant under this section to an appli18 cant that— 

19 ‘‘(1) demonstrates expertise in the areas of do20 mestic violence, dating violence, sexual assault, 

21 stalking, or child sexual abuse, as appropriate; 

22 ‘‘(2) ensures that any fees charged to individ23 uals for use of supervised visitation programs and 

24 services are based on the income of those individ25 uals, unless otherwise provided by court order; 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 393 IH

1 ‘‘(3) for a court-based program, certifies that 

2 victims of domestic violence, dating violence, sexual 

3 assault, or stalking are not charged fees or any 

4 other costs related to the filing, petitioning, modi5 fying, issuance, registration, enforcement, with6 drawal, or dismissal of matters relating to the do7 mestic violence, dating violence, sexual assault, or 

8 stalking; 

9 ‘‘(4) demonstrates that adequate security meas10 ures, including adequate facilities, procedures, and 

11 personnel capable of preventing violence, and ade12 quate standards are, or will be, in place (including 

13 the development of protocols or policies to ensure 

14 that confidential information is not shared with 

15 courts, law enforcement agencies, or child welfare 

16 agencies unless necessary to ensure the safety of any 

17 child or adult using the services of a program fund18 ed under this section), if the applicant proposes to 

19 operate supervised visitation programs and services 

20 or safe visitation exchange; 

21 ‘‘(5) certifies that the organizational policies of 

22 the applicant do not require mediation or counseling 

23 involving offenders and victims being physically 

24 present in the same place, in cases where domestic 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 393 IH

1 violence, dating violence, sexual assault, or stalking 

2 is alleged; 

3 ‘‘(6) certifies that any person providing legal 

4 assistance through a program funded under this sec5 tion has completed or will complete training on do6 mestic violence, dating violence, sexual assault, and 

7 stalking, including child sexual abuse, and related 

8 legal issues; and 

9 ‘‘(7) certifies that any person providing custody 

10 evaluation or guardian ad litem services through a 

11 program funded under this section has completed or 

12 will complete training developed with input from and 

13 in collaboration with a tribal, State, territorial, or 

14 local domestic violence, dating violence, sexual as15 sault, or stalking organization or coalition on the dy16 namics of domestic violence and sexual assault, in17 cluding child sexual abuse, that includes training on 

18 how to review evidence of past abuse and the use of 

19 evidenced-based theories to make recommendations 

20 on custody and visitation. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section, 

23 $22,000,000 for each of the fiscal years 2014 through 

24 2018. Amounts appropriated pursuant to this subsection 

25 shall remain available until expended.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 393 IH

1 SEC. 3. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM. 

2 Subtitle B of the Victims of Child Abuse Act of 1990 

3 (42 U.S.C. 13011 et seq.) is amended— 

4 (1) in section 216 (42 U.S.C. 13012), by strik5 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

6 2016’’; 

7 (2) in section 217 (42 U.S.C. 13013)— 

8 (A) in subparagraph (A) of subsection 

9 (c)(2), by striking ‘‘Code of Ethics’’ and insert10 ing ‘‘Standards for Programs’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(e) REPORTING BY GRANTEES.—An organization 

13 that receives a grant under this section for a fiscal year 

14 shall submit to the Administrator a report regarding the 

15 use of the grant for the fiscal year, including a discussion 

16 of outcome performance measures (which shall be estab17 lished by the Administrator) to determine the effectiveness 

18 of the programs of the organization in meeting the needs 

19 of children in the child welfare system.’’; and 

20 (3) in subsection (a) of section 219 (42 U.S.C. 

21 13014), by striking ‘‘fiscal years 2007 through 

22 2011’’ and inserting ‘‘the fiscal years 2014 through 

23 2018’’. 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 393 IH

1 SEC. 4. REAUTHORIZATION OF THE CHILD ABUSE TRAIN2 ING PROGRAMS FOR JUDICIAL PERSONNEL 

3 AND PRACTITIONERS. 

4 Subsection (a) of section 224 of the Victims of Child 

5 Abuse Act of 1990 (42 U.S.C. 13024) is amended to read 

6 as follows: 

7 ‘‘(a) AUTHORIZATION.—There is authorized to be ap8 propriated to carry out this subtitle $2,300,000 for each 

9 of the fiscal years 2014 through 2018.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS