Sec. 3. Incentive for States to Enact Enhanced Sentencing Provisions for Persons Convicted of Committing Act of Domestic Violence in the Presence of a Minor Child
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For each fiscal year after the expiration of the period of implementation specified in subsection (b), a State shall provide by law enhanced sentencing provisions for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children. Each State shall implement this section before 2 years after the date of the enactment of this Act. The Attorney General may authorize up to one 1-year extension of the deadline in paragraph (1).
For any fiscal year after the end of the period for implementation under subsection (b), a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under the Violence Against Women Act of 2000. When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State’s highest court.
If the circumstances arise under subparagraph (A), then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State’s constitution. In considering whether compliance with the requirements of this section would likely violate the State’s constitution or an interpretation thereof by the State’s highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State’s interpretation of the State’s constitution and rulings thereon by the State’s highest court.
If the State is unable to substantially implement this section because of a limitation imposed by the State’s constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. If a State does not comply with subparagraph (C), then the State shall be subject to a funding reduction as specified in paragraph (1).
Amounts not allocated under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. In this section the term State shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a) et seq.).
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Sec. 3
Incentive for States to Enact Enhanced Sentencing Provisions for Persons Convicted of Committing Act of Domestic Violence in the Presence of a Minor Child
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