S. 11 (103rd): Violence Against Women Act of 1993

Introduced:
Jan 21, 1993 (103rd Congress, 1993–1994)
Sponsor:
Sen. Joseph Biden Jr. [D-DE]
Status:
Died (Reported by Committee)
See Instead:
This bill was re-introduced as S. 2787 (106th) on Jun 26, 2000.

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on May 27, 1993, in a previous session of Congress, but was not enacted.

Progress
Introduced Jan 21, 1993
Referred to Committee Jan 21, 1993
Reported by Committee Jan 26, 1993
Cosponsors
67 cosponsors (49D, 18R) (show)
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to combat violence and crimes against women on the streets and in homes.

Summary

No summaries available.

Text

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Last updated Sep 10, 1993.
225 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/10/1993--Reported to Senate amended. TABLE OF CONTENTS:
Title I - Safe Streets for Women Subtitle A: Federal Penalties for Sex Crimes Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle C: Safety for Women in Public Transit and Public Parks Subtitle D: Justice Department Task Force on Violence Against Women Subtitle E: New Evidentiary Rules Subtitle F: Assistance to Victims of Sexual Assault Title II: Safe Homes for Women Subtitle A: Family Violence Prevention and Services Act Amendments Subtitle B: Interstate Enforcement Subtitle C: Arrest in Spousal Abuse Cases Subtitle D: Domestic Violence Family Support and Shelter Grants Subtitle E: Family Violence Prevention and Services Act Amendments Subtitle F: Youth Education and Domestic Violence Subtitle G: Confidentiality for Abused Persons Subtitle H: Technical Amendments Subtitle I: Data and Research Title III: Civil Rights Title IV: Safe Campuses for Women Title V: Equal Justice for Women in the Courts Act Subtitle A: Education and Training for Judges and Court Personnel in State Courts Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts Title VI: Violence Against Women Act Improvements Violence Against Women Act of 1993
Title I - Safe Streets for Women
Safe Streets for Women Act of 1993 -
Subtitle A - Federal Penalties for Sex Crimes
Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to implement such amendment by recommending to the Congress amendments, if appropriate, in the sentencing guidelines applicable to criminal sexual abuse.
Section 112 -
Directs the Sentencing Commission to: (1) review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse or sexual abuse according to specified guidelines; and (2) review and report to the Congress regarding Federal rape sentencing.
Section 113 -
Requires that a court order restitution for violations of Federal sexual abuse laws, including for sexual exploitation and other abuse of children.
Section 114 -
Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes.
Subtitle B - Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country.
Subtitle C - Safety for Women in Public Transit and Public Parks
Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems.
Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects.
Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.
Section 132 -
Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas.
Subtitle D - Justice Department Task Force on Violence Against Women
Establishes the Attorney General's Task Force on Violence Against Women to recommend Federal, State, and local strategies for preventing and sanctioning violent crime against women, including the enhancement and protection of the rights of the victims of such crimes.
Subtitle E - New Evidentiary Rules
Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice.
Section 152 -
Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice.
Section 154 -
Makes evidence of an alleged victim's clothing, in a criminal case under Federal laws relating to sexual abuse, inadmissible to show that the victim incited or invited the offense.
Subtitle F - Assistance to Victims of Sexual Assault
Amends the Public Health Service Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities.
Section 162 -
Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault.
Section 163 -
Amends the Runaway and Homeless Youth Act to direct the Secretary of Health and Human Services (HHS) to make grants to private, nonprofit agencies for street-based outreach and education for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse.
Section 164 -
Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse.
Title II - Safe Homes for Women
Safe Homes for Women Act of 1993 -
Subtitle A - Family Violence Prevention and Services Act Amendments
Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award a grant to a private, nonprofit entity to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence.
Subtitle B - Interstate Enforcement
Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who:
(1) crosses a State line for the purpose of harassing, intimidating, or injuring a spouse or intimate partner and who injures such partner;
(2) causes a partner to cross a State line by force, coercion, duress, or fraud and who injures such partner; or
(3) commits such acts in violation of a valid protection order issued by a State. Mandates that:
(1) the alleged victim be given an opportunity to be heard regarding the danger posed by the defendant in proceedings to determine whether a defendant charged with committing such an offense shall be released pending trial or to determine conditions of such release; and
(2) a court order restitution to the victim of such an offense.
Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State.
Subtitle C - Arrest in Spousal Abuse Cases
Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to:
(1) implement pro-arrest programs and policies in police departments and improve case tracking;
(2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges;
(3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and
(4) educate judges to improve judicial handling of cases.
Subtitle D - Domestic Violence, Family Support, and Shelter Grants
Directs the Secretary of HHS to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Amends the FVPSA to authorize appropriations to carry out that Act.
Subtitle E - Family Violence Prevention and Services Act Amendments
Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities.
Subtitle F - Youth Education and Domestic Violence
Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education.
Subtitle G - Confidentiality for Abused Persons
Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses.
Subtitle H - Technical Amendments
Amends the FVPSA to:
(1) include within the term "related assistance" under such Act supportive services by peers;
(2) increase (from six to seven) the number of special issue resource centers authorized focusing on issues of concern to domestic violence victims;
(3) include providing technical assistance and training to State domestic violence coalitions as a possible area of specialty by such centers;
(4) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and
(5) make technical amendments to such Act.
Subtitle I - Data and Research
Requires:
(1) the Director of the National Institute of Justice (NIJ) to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women;
(2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and
(3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.
Title III - Civil Rights
Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by the victim's gender.
Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right, liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate.
Sets forth provisions regarding:
(1) concurrent and pendent jurisdiction; and
(2) limitations on removal.
Section 303 -
Allows the awarding of attorney's fees in actions to enforce this title.
Section 304 -
Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint, and respect a rape victim's privacy, by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent.
Title IV - Safe Campuses for Women
Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs.
Title V - Equal Justice for Women in the Courts Act
Equal Justice for Women in the Courts Act of 1993 -
Subtitle A - Education and Training for Judges and Court Personnel in State Courts
Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations.
Subtitle B - Education and Training for Judges and Court Personnel in Federal Courts
Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts. Authorizes appropriations.
Section 522 -
Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
Title VI - Violence Against Women Act Improvements
Amends the Federal criminal code to provide for pretrial detention in sex offense cases.
Section 602 -
Increases penalties for sex offenses against victims under age 16.
Section 603 -
Amends: (1) the Victims' Rights and Restitution Act of 1990 to require the Attorney General to authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests for human immunodeficiency virus for a sexual assault victim in the 12 months following the assault and a counseling session; and (2) the Federal criminal code to authorize the restitution of victims of sex offenses.
Section 605 -
Provides for the enforcement of restitution orders through suspension of Federal benefits.
Section 606 -
Adds a Federal Rule of Evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense.
Section 607 -
Requires the Attorney General to provide for a national baseline study on campus sexual assault. Authorizes appropriations.
Section 608 -
Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; and (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence.
Section 611 -
Requires the Judicial Conference of the United States to: (1) review and make recommendations, and report to the Congress, regarding the advisability of creating Federal rules of professional conduct for lawyers in Federal cases involving sexual misconduct; and (2) complete a study of, and submit to the Congress recommendations for amending, Federal Rule of Evidence 404 as it affects the admission of evidence of a defendant's prior sex crimes in cases involving sexual misconduct.
Section 613 -
Authorizes the Attorney General to award supplementary grants to States adopting effective laws relating to sexual violence. Authorizes appropriations.

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Statutes at Large

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  • 106 Stat. 3404

Other Citations

  • 18 U.S.C. Chapter 109A
  • 18 U.S.C. Chapter 110