SEC. 40401. SHORT TITLE.
This subtitle may be cited as the `Equal Justice for Women in the Courts Act of 1994'.
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701)) in training judges and court personnel in the laws of the States and by Indian tribes in training tribal judges and court personnel in the laws of the tribes on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle may include current information, existing studies, or current data on--
(1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child sexual abuse;
(3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual assault;
(6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice;
(7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of domestic violence on the victim, the costs to society, and the implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence, myths about presence or absence of domestic violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic violence;
(15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;
(17) economic, psychological, social and institutional 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 personnel, and the legitimate reasons why victims of domestic violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; and
(19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE.
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 enforcement officials, public and private nonprofit victim advocates, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts.
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to carry out this chapter $600,000 for fiscal year 1996.
(b) MODEL PROGRAMS- Of amounts appropriated under this section, the State Justice Institute shall expend not less than 40 percent on model programs regarding domestic violence and not less than 40 percent on model programs regarding rape and sexual assault.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS.
(a) STUDIES- 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 conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms.
(b) MATTERS FOR EXAMINATION- The studies under subsection (a) may include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before 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 in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of probation and parole;
(7) appointments to committees of the Judicial Conference and the courts;
(8) case management and court sponsored alternative dispute resolution programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victim's past sexual history in civil and criminal cases; and
(12) the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts.
(c) CLEARINGHOUSE- The Administrative Office of the United States Courts shall 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 the Administrative Office of the Courts of the United States with their reports and related material.
(d) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may--
(1) include in the educational programs it presents and prepares, including the training programs for newly appointed judges, information on issues related 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 recommendations 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. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services to carry out section 40421(a) $500,000 for fiscal year 1996;
(2) to the Federal Judicial Center to carry out section 40421(d) $100,000 for fiscal year 1996; and
(3) to the Administrative Office of the United States Courts to carry out section 40421(c) $100,000 for fiscal year 1996.