tential impact of incarceration and other meaningful
sanctions for acts of domestic violence including vio-
lations of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of
lack of support from police, judges, and court per-
sonnel, and the legitimate reasons why victims of do-
mestic violence may refuse to testify against a de-
fendant and should not be held in contempt;
(18) the need for orders of protection, and the
negative implications of mutual orders of protection,
dual arrest policies, and mediation in domestic vio-
lence cases; and
(19) recognition of and response to gender-mo-
tivated crimes of violence other than rape, sexual as-
sault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law en-
forcement officials, public and private nonprofit victim ad-
vocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1994, $600,000 to carry out the purposes of this subtitle.
Of amounts appropriated under this section, the State
Justice Institute shall expend no less than 40 percent on
model programs regarding domestic violence and no less
than 40 percent on model programs regarding rape and
sexual assault.
Subtitle B—Education and Train-
ing for Judges and Court Per-
sonnel in Federal Courts
SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances of gender bias in their respec-
tive circuits. The studies may include an examination of
the effects of gender on—
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including be-
fore magistrate and bankruptcy judges;
(2) the interpretation and application of the
law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation,
parole, and supervised release;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored al-
ternative dispute resolution programs;
(9) the selection, retention, promotion, and
treatment of employees;
(10) appointment of arbitrators, experts, and
special masters;
(11) the admissibility of past sexual history in
civil and criminal cases; and
(12) the aspects of the topics listed in section
402 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of
the United States shall designate an entity within the Ju-
dicial Branch to act as a clearinghouse to disseminate any
reports and materials issued by the gender bias task forces
under subsection (a) and to respond to requests for such
reports and materials. The gender bias task forces shall
provide this entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Cen-
ter, in carrying out section 620(b)(3) of title 28, United
States Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such
areas as are listed in subsection (a) along with such
other topics as the Federal Judicial Center deems
appropriate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues
as it prepares or revises such materials.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 411(a),
to be available until expended through fiscal year
1996;
(2) $100,000 to the Federal Judicial Center to
carry out section 411(c) and any activities des-
ignated by the Judicial Conference under section
411(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry
out any activities designated by the Judicial Con-
ference under section 411(b).
(b) THE JUDICIAL CONFERENCE OF THE UNITED
STATES.—(1) The Judicial Conference of the United
States Courts shall allocate funds to Federal circuit courts
under this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a re-
sult of such studies in their own or other circuits,
including education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
Subtitle C—Evidentiary Rules
SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) FINDINGS.—The Congress finds that—
(1) State criminal courts often fail to admit ex-
pert testimony offered by a defendant concerning the
nature and effect of physical, sexual, and mental
abuse to assist the trier of fact in assessing the be-
havior, beliefs, or perceptions of such defendant in
a domestic relationship in which abuse has occurred;
(2) the average juror often has little under-
standing of the nature and effect of domestic vio-
lence on such a defendant’s behavior, beliefs, or per-
ceptions, and the lack of understanding can result in
the juror blaming the woman for her victimization;
(3) the average juror is often unaware that vic-
tims of domestic violence are frequently in greater
danger of violence after they terminate or attempt to
terminate domestic relationships with their abuser;
(4) myths, misconceptions, and victim-blaming
attitudes are often held not only by the average lay
person but also by many in the criminal justice sys-
tem, insofar as the criminal justice system tradition-
ally has failed to protect women from violence at the
hands of men;
(5) specialized knowledge of the nature and ef-
fect of domestic violence is sufficiently established to
have gained the general acceptance which is required
for the admissibility of expert testimony;
(6) although both men and women can be vic-
tims of physical, sexual, and mental abuse by their
partners in domestic relationships, the most frequent
victims are women; and
(7) a woman is more likely to be assaulted and
injured, raped, or killed by her current or former
male partner than by any other type of assailant,
and over one-half of all women murdered are killed
by their current or former male partners.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the executive branch, working through the
State Justice Institute, should examine programs which
would allow the States to consider—
(1) that expert testimony concerning the nature
and effect of domestic violence, including descrip-
tions of the experiences of battered women, be ad-
missible when offered in a State court by a defend-
ant in a criminal case to assist the trier of fact in
understanding the behavior, beliefs, or perceptions of
such defendant in a domestic relationship in which
abuse has occurred;
(2) that a witness be qualified to testify as an
expert witness based upon her or his knowledge,
skill, experience, training, or education, and be per-
mitted to testify in the form of an opinion or other-
wise; and
(3) that expert testimony about a domestic rela-
tionship be admissible to include testimony of rela-
tionships between spouses, former spouses, cohabi-
tants, former cohabitants, partners or former part-
ners, and between persons who are in, or have been
in, a dating, courtship, or intimate relationship.
Passed the House of Representatives November 20,
1993.
Attest:
Clerk.
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