*NOTE: Section 40302 of Subtitle C was held unconstitutional by the US Supreme Court in United States v. Morrison, 529 U.S. 598, 120 S. Ct. 1740 (2000). The civil rights remedy for gender-motivated violence created under this section is no longer valid. Text is provided for historical purposes. Link to U.S. Supreme Court opinion is an external link. The Violence Against Women Office and the Office of Justice Programs takes no responsibility for, and exercises no control over, the organizations, views, accuracy, copyright or trademark compliance or legality of the material contained on the external server.

SEC. 40301. SHORT TITLE.
This subtitle may be cited as the `Civil Rights Remedies for Gender-Motivated Violence Act'.
SEC. 40302. CIVIL RIGHTS.
(a) PURPOSE- Pursuant to the affirmative power of Congress to enact this subtitle under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this subtitle to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender.
(b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE- All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).
(c) CAUSE OF ACTION- A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.
(d) DEFINITIONS- For purposes of this section--
(1) the term `crime of violence motivated by gender' means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim's gender; and
(2) the term `crime of violence' means--
(A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18, United States Code, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and
(B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken. (e) Limitation and Procedures-
(1) LIMITATION- Nothing in this section entitles a person to a cause of action under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)).
(2) NO PRIOR CRIMINAL ACTION- Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c).
(3) CONCURRENT JURISDICTION- The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this subtitle.
(4) SUPPLEMENTAL JURISDICTION- Neither section 1367 of title 28, United States Code, nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree.
(5) LIMITATION ON REMOVAL- Section 1445 of title 28, United States Code, is amended by adding at the end the following new subsection:
`(d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.'.
SEC. 40303. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence--
(1) by striking `or' after `Public Law 92-318,'; and
(2) by inserting `, or section 40302 of the Violence Against Women Act of 1994,' after `1964'.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS.
It is the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the consent of the victim.