34 USC 60106 - Incentives for States

U.S Code last checked for updates: May 03, 2024

§ 60106.

Incentives for States

(a)

Authority to make grants

The Attorney General is authorized to make grants to States that have in effect a law that—

(1)

makes it a criminal offense for any person acting under color of law of the State to knowingly engage in a sexual act with an individual who is under arrest, in detention, or otherwise in the actual custody of any law enforcement officer; and

(2)

prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense.

(b)

Reporting requirement

A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on—

(1)

the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act while acting under color of law during the previous year; and

(2)

the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year.

(c)

Application

(d)

Grant amount

The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs:

(1)

Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the “STOP Violence Against Women Formula Grant Program”).

(2)

Section 12511 of this title (commonly referred to as the “Sexual Assault Services Program”).

(e)

Grant term

(1)

In general

(2)

Renewal

(3)

Limit

(f)

Uses of funds

A State that receives a grant under this section shall use—

(1)

25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and

(2)

75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d).

(g)

Authorization of appropriations

(h)

Definition

(Pub. L. 117–103, div. W, title XII, § 1203, Mar. 15, 2022, 136 Stat. 925.)

cite as: 34 USC 60106