Page:United States Statutes at Large Volume 119.djvu/2993

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[119 STAT. 2975]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2975]

PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 2975

in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both. ‘‘(e) JUDICIAL NOTIFICATION.— ‘‘(1) IN GENERAL.—A State or unit of local government shall not be entitled to funds under this part unless the State or unit of local government— ‘‘(A) certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State, or local laws; or ‘‘(B) gives the Attorney General assurances that its judicial administrative policies and practices will be in compliance with the requirements of subparagraph (A) within the later of— ‘‘(i) the period ending on the date on which the next session of the State legislature ends; or ‘‘(ii) 2 years. ‘‘(2) REDISTRIBUTION.—Funds withheld from a State or unit of local government under subsection (a) shall be distributed to other States and units of local government, pro rata.’’. (g) POLYGRAPH TESTING PROHIBITION.—Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding at the end the following: ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION.

‘‘(a) IN GENERAL.—In order to be eligible for grants under this part, a State, Indian tribal government, territorial government, or unit of local government shall certify that, not later than 3 years after the date of enactment of this section, their laws, policies, or practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense. ‘‘(b) PROSECUTION.—The refusal of a victim to submit to an examination described in subsection (a) shall not prevent the investigation, charging, or prosecution of the offense.’’.

Certification.

Deadline.

42 USC 3796gg–8. Deadline.

SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS IMPROVEMENTS.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended by striking ‘‘$65,000,000 for each of fiscal years 2001 through 2005’’ and inserting ‘‘$75,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this paragraph shall remain available until expended.’’. (b) GRANTEE REQUIREMENTS.—Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended— (1) in subsection (a), by striking ‘‘to treat domestic violence as a serious violation’’ and inserting ‘‘to treat domestic violence, dating violence, sexual assault, and stalking as serious violations’’; (2) in subsection (b)—

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