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. |