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Subtitle F - National Stalker and Domestic Violence Reduction

SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
(a) ACCESS AND ENTRY- Section 534 of title 28, United States Code, is amended by adding at the end the following:
`(e)(1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose.
`(2) Federal and State criminal justice agencies authorized to enter information into criminal information databases may include--
`(A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and
`(B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification.
`(3) As used in this subsection--
`(A) the term `national crime information databases' means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
`(B) the term `protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.'.
(b) RULEMAKING- The Attorney General may make rules to carry out the subsection added to section 534 of title 28, United States Code, by subsection (a), after consultation with the officials charged with managing the National Crime Information Center and the Criminal Justice Information Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) IN GENERAL- The Attorney General is authorized to provide grants to States and units of local government to improve processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.
(b) ELIGIBILITY- To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of--
(1) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection or domestic violence; and
(3) protection orders for the protection of persons from stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing--
(1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of action to increase record input; and
(3) an estimate of expected results from the use of the grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application under this subtitle, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and training in furtherance of the purposes of this subtitle, and may provide for the evaluation of programs that receive funds under this subtitle, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 202 of the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
Not later than 2 years after the date of enactment of this Act, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual report, beginning one year after the date of the enactment of this Act, that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term `national crime information databases' refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
(2) the term `protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.



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