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34 U.S.C. § 10462a

Title 34 Chapter 101 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 10462a. Grants to State and Tribal courts to implement protection order pilot programs

  • (a) In this section, the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—
    • (1) a State, Tribal, or local law enforcement agency;
    • (2) a State, Tribal, or local prosecutor’s office;
    • (3) a victim service provider or State or Tribal domestic violence coalition;
    • (4) a provider of culturally specific services;
    • (5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;
    • (6) the bar association of the applicable State or Indian Tribe;
    • (7) the State or Tribal association of court clerks;
    • (8) a State, Tribal, or local association of criminal defense attorneys;
    • (9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;
    • (10) not fewer than 2 State or Tribal court judges with experience in—
      • (A) the field of domestic violence; and
      • (B) issuing protective orders; and
    • (11) a judge assigned to the criminal docket of the State or Tribal court.
  • (b)
    • (1) The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
    • (2) The Attorney General may award not more than 10 grants under paragraph (1).
    • (3) The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.
  • (c)
    • (1) An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
      • (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
        • (i) modernize the service process and make the process more effective and efficient;
        • (ii) provide for improved safety of victims; and
        • (iii) make protection orders enforceable as quickly as possible;
      • (B) develop best practices relating to the service of protection orders through electronic communication methods;
      • (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and
      • (D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
    • (2) An eligible entity that receives a grant under this section shall—
      • (A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and
      • (B) carry out the program required under paragraph (1)(A) for not fewer than 3 years.
  • (d) The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—
    • (1) a State court that serves a population of not fewer than 1,000,000 individuals;
    • (2) a State court that—
      • (A) serves a State that is among the 7 States with the lowest population density in the United States; and
      • (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
    • (3) a State court that—
      • (A) serves a State that is among the 7 States with the highest population density in the United States; and
      • (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
    • (4) a court that uses an integrated, statewide case management system;
    • (5) a court that uses a standalone case management system;
    • (6) a Tribal court; and
    • (7) a court that primarily serves a culturally specific and underserved population.
  • (e)
    • (1) An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
      • (A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;
      • (B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—
        • (i) successful service; and
        • (ii) enforcement;
      • (C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and
      • (D) any other information the Attorney General may reasonably require.
    • (2) An eligible entity shall not be required to submit an application under section 10462 of this title to receive a grant under this section.
  • (f)
    • (1) Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).
    • (2)
      • (A) Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
        • (i) the viability;
        • (ii) the cost;
        • (iii) service statistics;
        • (iv) the challenges;
        • (v) an analysis of the technology used to fulfill the goals of the program;
        • (vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and
        • (vii) best practices for implementing such a program in other similarly situated locations.
      • (B) An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—
        • (i) future nationwide implementation of the program implemented by the eligible entity; and
        • (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.
  • (g) Notwithstanding section 10464 of this title , the Attorney General shall not be required to publish regulations or guidelines implementing this section.
  • (h) There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.

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