Title: E-SERVICE Act
Policy area: Crime and Law Enforcement

Summary:
Electronic Service for Effectiveness, Reduction of Violence, and Improved Court Efficiency Act of 2021 or the E-SERVICE Act
This bill requires the Department of Justice to award demonstration grants to certain state or tribal courts to implement a program for properly and legally serving protection orders electronically. Courts that receive these grants must be part of a multidisciplinary partnership of government entities and various domestic violence stakeholders.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3113 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3113

 To authorize the Attorney General to make grants to State and Tribal 
   courts in order to allow the electronic service of certain court 
                    orders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2021

Mr. Sullivan (for himself and Mr. Coons) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the Attorney General to make grants to State and Tribal 
   courts in order to allow the electronic service of certain court 
                    orders, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Service for 
Effectiveness, Reduction of Violence, and Improved Court Efficiency Act 
of 2021'' or the ``E-SERVICE Act''.

SEC. 2. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT PROTECTION ORDER 
              PILOT PROGRAMS.

    Part U of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10461 et seq.) is amended--
            (1) by redesignating sections 2103, 2104, and 2105 as 
        sections 2104, 2105, and 2106, respectively; and
            (2) by inserting after section 2102 the following:

``SEC. 2103. GRANTS TO STATE AND TRIBAL COURTS TO IMPLEMENT PROTECTION 
              ORDER PILOT PROGRAMS.

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means a State or Tribal court that is part of a 
multidisciplinary partnership that includes, to the extent 
practicable--
            ``(1) a State, Tribal, or local law enforcement agency;
            ``(2) a State, Tribal, or local prosecutor advocate group;
            ``(3) a victim service provider or State or Tribal domestic 
        violence coalition;
            ``(4) a nonprofit program or government agency with 
        demonstrated experience in providing legal assistance or legal 
        advice to victims of domestic violence and sexual assault;
            ``(5) the bar association of the applicable State or Indian 
        Tribe;
            ``(6) the State or Tribal association of court clerks;
            ``(7) a State, Tribal, or local association of criminal 
        defense attorneys;
            ``(8) not fewer than 2 individuals with expertise in the 
        design and management of court case management systems and 
        systems of integration;
            ``(9) not fewer than 2 State or Tribal court judges with 
        experience in--
                    ``(A) the field of domestic violence; and
                    ``(B) issuing protective orders; and
            ``(10) a judge assigned to the criminal docket of the State 
        or Tribal court.
    ``(b) Grants Authorized.--
            ``(1) In general.--In addition to grants authorized under 
        section 2101, the Attorney General shall make grants to 
        eligible entities to carry out the activities described in 
        subsection (c) of this section.
            ``(2) Number.--The Attorney General may award not more than 
        10 grants under paragraph (1).
            ``(3) Amount.--The amount of a grant awarded under 
        paragraph (1) may be not more than $1,500,000.
    ``(c) Mandatory Activities.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall use the grant funds, in consultation 
        with the partners required under subsection (a), to--
                    ``(A) develop and implement a program for properly 
                and legally serving protection orders through 
                electronic communication methods to--
                            ``(i) modernize the service process and 
                        make the process more effective and efficient;
                            ``(ii) provide for improved safety of 
                        victims; and
                            ``(iii) make protection orders enforceable 
                        as quickly as possible;
                    ``(B) develop best practices relating to the 
                service of protection orders through electronic 
                communication methods;
                    ``(C) ensure that the program developed under 
                subparagraph (A) complies with due process requirements 
                and any other procedures required by law or by a court; 
                and
                    ``(D) implement any technology necessary to carry 
                out the program developed under subparagraph (A), such 
                as technology to verify and track the receipt of a 
                protection order by the intended party.
            ``(2) Timeline.--An eligible entity that receives a grant 
        under this section shall--
                    ``(A) implement the program required under 
                paragraph (1)(A) not later than 2 years after receiving 
                the grant; and
                    ``(B) carry out the program for not fewer than 3 
                years.
    ``(d) Diversity of Recipients.--The Attorney General shall award 
grants under this section to eligible entities in a variety of areas 
and situations, including--
            ``(1) a State court that serves a population of not fewer 
        than 1,000,000 individuals;
            ``(2) a State court that--
                    ``(A) serves a State that is among the 7 States 
                with the lowest population density in the United 
                States; and
                    ``(B) has a relatively low rate of successful 
                service with respect to protection orders, as 
                determined by the Attorney General;
            ``(3) a State court that--
                    ``(A) serves a State that is among the 7 States 
                with the highest population density in the United 
                States; and
                    ``(B) has a relatively low rate of successful 
                service with respect to protection orders, as 
                determined by the Attorney General;
            ``(4) a court that uses an integrated, statewide case 
        management system;
            ``(5) a court that uses a standalone case management 
        system;
            ``(6) a Tribal court; and
            ``(7) a court that serves a culturally specific and 
        underserved population.
    ``(e) Application.--
            ``(1) In general.--An eligible entity shall submit an 
        application to the Attorney General that includes--
                    ``(A) a description of the process that the 
                eligible entity uses for service of protection orders 
                at the time of submission of the application;
                    ``(B) to the extent practicable, statistics 
                relating to protection orders during the 3 calendar 
                years preceding the date of submission of the 
                application, including rates of--
                            ``(i) successful service; and
                            ``(ii) enforcement;
                    ``(C) an initial list of the entities serving as 
                the partners required under subsection (a); and
                    ``(D) any other information the Attorney General 
                may reasonably require.
            ``(2) No other application required.--An eligible entity 
        shall not be required to submit an application under section 
        2102 to receive a grant under this section.
    ``(f) Technical Assistance.--Notwithstanding section 40002(b)(11) 
of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(11)), as 
applied under section 2106 of this part, not less than 5 percent and 
not more than 8 percent of the total amounts appropriated to carry out 
this section shall be available to the Attorney General for technical 
assistance relating to the purposes of this section.
    ``(g) Report to Attorney General.--
            ``(1) Initial report.--Not later than 2 years after 
        receiving a grant under this section, an eligible entity shall 
        submit to the Attorney General a report that details the plan 
        of the entity for implementation of the program under 
        subsection (c).
            ``(2) Subsequent reports.--
                    ``(A) In general.--Not later than 1 year after 
                implementing the program under subsection (c), and not 
                later than 2 years thereafter, an eligible entity shall 
                submit to the Attorney General a report that describes 
                the program implemented under subsection (c), including 
                with respect to--
                            ``(i) viability;
                            ``(ii) cost;
                            ``(iii) service statistics;
                            ``(iv) challenges;
                            ``(v) analysis of the technology used to 
                        fulfill the goals of the program;
                            ``(vi) analysis of any legal or due process 
                        issues resulting from the electronic service 
                        method described in subsection (c)(1)(A); and
                            ``(vii) best practices for implementing 
                        such a program in other similarly situated 
                        locations.
                    ``(B) Contents of final report.--An eligible entity 
                shall include in the second report submitted under 
                subparagraph (A) recommendations for--
                            ``(i) future nationwide implementation of 
                        the program implemented by the eligible entity; 
                        and
                            ``(ii) usage of electronic service, similar 
                        to the service used by the eligible entity, for 
                        other commonly used court orders, including 
                        with respect to viability and cost.
    ``(h) No Regulations or Guidelines Required.--Notwithstanding 
section 2105, the Attorney General shall not be required to publish 
regulations or guidelines implementing this section.
    ``(i) Authorization of Appropriations.--In addition to amounts 
otherwise made available to carry out this part, there is authorized to 
be appropriated to carry out this section $10,000,000 for fiscal years 
2022 through 2027.''.
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