Page:United States Statutes at Large Volume 108 Part 3.djvu/180

 108 STAT. 1932 PUBLIC LAW 103-322—SEPT. 13, 1994 CHAPTER 3—ARREST POLICIES IN DOMESTIC VIOLENCE CASES SEC. 40231. ENCOURAGING ARREST POUCIES. (a) IN GENERAL. —Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(a), is amended— (1) by redesignating pari; U as part V; 42 USC 3797. (2) by redesignating section 2101 as section 2201; and (3) by inserting after part T the following new part: "PART U—GRANTS TO ENCOURAGE ARREST POLICIES 42 USC 3796hh. "SEC. 2101. GRANTS. "(a) PURPOSE. —The purpose of this part is to encourage States, Indian tribal governments, and units of local government to treat domestic violence as a serious violation of criminal law. "(b) GRANT AUTHORITY. —The Attorney General may make grants to eligible States, Indian tribal governments, or units of local government for the following purposes: "(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations. "(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence. "(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges. "(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts. "(5) To strengthen legal advocacy service programs for victims of domestic violence. "(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases. "(c) ELIGIBILITY.— E ligible grantees are States, Indian tribal governments, or units of local government that— "(1) certify that their laws or official policies— "(A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and "(B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; "(2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; "(3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; and

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