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U.S.
Code › Title 42 › Chapter
46 › Subchapter XII-H › § 3796gg–5

42 U.S. Code § 3796gg–5 - Costs for criminal
charges and protection orders

US
Code

Notes

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§ 3796gg–5.

Costs for criminal charges and protection orders

(a) In generalA
State, Indian tribal government, or unit of local government, shall not be
entitled to funds under this subchapter unless the State, Indian tribal
government, or unit of local government—

(1)

certifies that its laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor or felony
domestic violence, dating violence, sexual assault, or stalking offense, or in
connection with the filing, issuance, registration, modification, enforcement,
dismissal, withdrawal or service of a protection order, or a petition for a
protection order, to protect a victim of domestic violence, dating violence,
sexual assault, or stalking, that the victim bear the costs associated with the
filing of criminal charges against the offender, or the costs associated with
the filing, issuance, registration, modification, enforcement, dismissal,
withdrawal or service of a warrant, protection order, petition for a protection
order, or witness subpoena, whether issued inside or outside the State, tribal,
or local jurisdiction; or

(2) gives the Attorney General assurances
that its laws, policies and practices will be in compliance with the
requirements of paragraph (1) within the later of—

(A)

the period ending on the date on which the next session of
the State legislature ends; or

(B)

2 years after October
28, 2000.

(b) Redistribution

Funds withheld from a State, unit of local government, or Indian tribal
government under subsection (a) of this section shall be distributed to other
States, units of local government, and Indian tribal government, respectively,
pro rata.

(c) Definition

In this section, the term “protection order” has the meaning given the term
in section
2266 of title 18.

(Pub.
L. 90–351, title I, § 2011, formerly § 2006, as added Pub.
L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108
Stat. 1915; amended Pub.
L. 106–386, div. B, title I, § 1101(b)(1), Oct.
28, 2000, 114
Stat. 1492; renumbered § 2011, Pub.
L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116
Stat. 1789; Pub.
L. 108–405, title III, § 310(b), Oct.
30, 2004, 118
Stat. 2276; Pub.
L. 113–4, title I, § 101(5), Mar. 7,
2013, 127
Stat. 69.)

Amendments

2013—Subsec. (a)(1). Pub.
L. 113–4 inserted “modification, enforcement, dismissal, withdrawal” after
“registration,” in two places and “, dating violence, sexual assault, or
stalking” after “felony domestic violence” and substituted “victim of domestic
violence, dating violence, sexual assault, or stalking” for “victim of domestic
violence, stalking, or sexual assault”.

2000—Pub.
L. 106–386, § 1101(b)(1)(A), in section catchline, substituted “Costs” for
“Filing costs” and inserted “and protection orders” after “charges”.

Subsec. (a)(1). Pub.
L. 106–386, § 1101(b)(1)(B)(i), added par. (1) and struck out former par.
(1) which read as follows: “certifies that its laws, policies, and practices do
not require, in connection with the prosecution of any misdemeanor or felony
domestic violence offense, that the abused bear the costs associated with the
filing of criminal charges against the domestic violence offender, or the costs
associated with the issuance or service of a warrant, protection order, or
witness subpoena; or”.

Subsec. (a)(2)(B). Pub.
L. 106–386, § 1101(b)(1)(B)(ii), substituted “2 years after October 28, 2000” for “2 years”.

Subsec. (c). Pub.
L. 106–386, § 1101(b)(1)(C), added subsec. (c).

Effective
Date of 2013 Amendment

Amendment by Pub.
L. 113–4 not effective until the beginning of the fiscal year following
Mar. 7, 2013, see section
4 of Pub. L. 113–4, set out as a note under section 2261 of Title
18, Crimes and Criminal Procedure.

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