I
107TH CONGRESS
1ST SESSION
H. R. 3595
To amend Federal crime grant programs relating to domestic violence to
encourage States and localities to implement gun confiscation policies,
reform stalking laws, create integrated domestic violence courts, and
hire additional personnel for entering protection orders, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. ROTHMAN (for himself, Mr. CROWLEY, Mr. ENGLISH, Mr. STARK, Mr.
BLAGOJEVICH, Mr. CAPUANO, Mr. UDALL of New Mexico, Ms. HOOLEY
of Oregon, Ms. SCHAKOWSKY, Ms. SLAUGHTER, Mr. MORAN of Virginia,
Mr. OWENS, Mrs. CHRISTENSEN, Mrs. JONES of Ohio, Ms. MCKINNEY,
Ms. SOLIS, Mrs. CAPPS, Mr. PALLONE, Mr. WEXLER, Mr. HOLT, and
Mrs. MINK of Hawaii) introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To amend Federal crime grant programs relating to domestic
violence to encourage States and localities to implement
gun confiscation policies, reform stalking laws, create
integrated domestic violence courts, and hire additional
personnel for entering protection orders, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Domestic Violence Vic-
tim Protection Act’’.
SEC. 2. ENCOURAGEMENT OF GUN CONFISCATION POLI-
CIES IN DOMESTIC VIOLENCE CASES.
Section 2101(c) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(5) certify that their laws or official policies—
‘‘(A) provide that a law enforcement officer
who has probable cause that an act of domestic
violence has been committed may—
‘‘(i) question persons present to deter-
mine whether there are weapons on the
premises; and
‘‘(ii) upon observing or learning that a
weapon is present on the premises, seize
any weapon that the officer reasonably be-
lieves would expose the victim or any other
household member to a risk of serious bod-
ily injury;
‘‘(B) provide that a court, as part of the
relief provided in a protection order—
‘‘(i) may order that the defendant is
prohibited from possessing any firearm or
other weapon; and
‘‘(ii) may order that any location may
be searched for such a weapon, and such
weapon may be seized, if the court has rea-
sonable cause to believe that a firearm or
other weapon of the defendant is at that
location.’’.
SEC. 3. ELIMINATION OF SPECIFIC INTENT TO CAUSE FEAR
FROM THE ELEMENTS OF THE OFFENSE OF
STALKING.
Section 40602 of the Violence Against Women Act
of 1994 (42 U.S.C. 14031) is amended by adding at the
end the following new subsection:
‘‘(c) ELEMENTS OF STALKING OFFENSE.—To be eli-
gible to receive a grant under subsection (a), a State or
unit of local government shall, in addition to the require-
ments of subsection (b), certify that its laws or official
policies relating to the offense of stalking require, as ele-
ments of the offense, not more than the following: that
the defendant has on more than one occasion harassed or
threatened the victim.’’.
SEC. 4. ENCOURAGEMENT OF INTEGRATED DOMESTIC VIO-
LENCE COURTS.
Section 40412 of the Violence Against Women Act
of 1994 (42 U.S.C. 13992) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ at the
beginning; and
(2) by adding at the end the following new sub-
section:
‘‘(b) INTEGRATED DOMESTIC VIOLENCE COURTS.—
Training provided pursuant to grants made under this
subtitle may include training in the context of establishing
and maintaining courts that provide, wherever practicable,
for domestic matters (whether civil or criminal) that arise
out of the same family or domestic circumstance to be as-
signed to a judicial unit for the processing of those mat-
ters on a coordinated basis.’’.
SEC. 5. HIRING AND MAINTAINING OF ADDITIONAL PER-
SONNEL FOR ENTERING PROTECTION OR-
DERS.
(a) GRANTS TO ENCOURAGE ARREST POLICIES.—
Section 2101(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended
by adding at the end the following new paragraph:
‘‘(9) To hire and maintain additional personnel
for entering information relating to protection or-
ders.’’.
(b) GRANTS RELATING TO STALKING AND DOMESTIC
VIOLENCE.—Section 40602 of the Violence Against
Women Act of 1994 (42 U.S.C. 14031) is amended by
striking the period at the end of subsection (a) and insert-
ing the following: ‘‘, which may include hiring and main-
taining additional personnel for entering such data.’’.
Æ