
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10415]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES
 
Sec. 10415. Model State leadership grants for domestic violence 
        intervention
        

(a) In general

    The Secretary, in cooperation with the Attorney General, shall award 
grants to not more than 10 States to assist such States in becoming 
model demonstration States and in meeting the costs of improving State 
leadership concerning activities that will--
        (1) increase the number of prosecutions for domestic violence 
    crimes;
        (2) encourage the reporting of incidences of domestic violence; 
    and
        (3) facilitate ``arrests and aggressive'' prosecution policies.

(b) Designation as model State

    To be designated as a model State under subsection (a) of this 
section, a State shall have in effect--
        (1) a law that requires mandatory arrest of a person that police 
    have probable cause to believe has committed an act of domestic 
    violence or probable cause to believe has violated an outstanding 
    civil protection order;
        (2) a law or policy that discourages ``dual'' arrests;
        (3) statewide prosecution policies that--
            (A) authorize and encourage prosecutors to pursue cases 
        where a criminal case can be proved, including proceeding 
        without the active involvement of the victim if necessary; and
            (B) implement model projects that include either--
                (i) a ``no-drop'' prosecution policy; or
                (ii) a vertical prosecution policy; and

            (C) limit diversion to extraordinary cases, and then only 
        after an admission before a judicial officer has been entered;

        (4) statewide guidelines for judges that--
            (A) reduce the automatic issuance of mutual restraining or 
        protective orders in cases where only one spouse has sought a 
        restraining or protective order;
            (B) discourage custody or joint custody orders by spouse 
        abusers; and
            (C) encourage the understanding of domestic violence as a 
        serious criminal offense and not a trivial dispute; and

        (5) develop and disseminate methods to improve the criminal 
    justice system's response to domestic violence to make existing 
    remedies as easily available as possible to victims of domestic 
    violence, including reducing delay, eliminating court fees, and 
    providing easily understandable court forms.

(c) Authorization of appropriations

                           (1) In general

        In addition to the funds authorized to be appropriated under 
    section 10409 of this title, there are authorized to be appropriated 
    to make grants under this section $25,000,000 for fiscal year 1992, 
    and such sums as may be necessary for each of the fiscal years 1993 
    through 1995.

                           (2) Limitation

        A grant may not be made under this section in an amount less 
    than $2,000,000.

                     (3) Delegation and transfer

        The Secretary shall delegate to the Attorney General the 
    Secretary's responsibilities for carrying out this section and shall 
    transfer to the Attorney General the funds appropriated under this 
    section for the purpose of making grants under this section.

(Pub. L. 98-457, title III, Sec. 315, as added Pub. L. 102-295, title 
III, Sec. 321, May 28, 1992, 106 Stat. 210.)
