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Code · BILL · 115th Congress · H.R. 2 (EAS) — 115 HR 2 EAS: Agriculture Improvement Act of 2018 · Sec. 12503

Sec. 12503. Pet and Women Safety

1,432 words·~7 min read·/bill/115/hr/2/eas/section-12503

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Section 2261A of title 18, United States Code, is amended— in paragraph (1)(A)— in clause (ii), by striking or at the end; and by inserting after clause
(iii)the following: the pet of that person; or ; and in paragraph (2)(A)— by inserting after to a person the following: or a pet ; and by striking or
(iii)and inserting (iii), or
(iv). Section 2262 of title 18, United States Code, is amended— in subsection (a)— in paragraph (1), by inserting after another person the following: or the pet of that person ; and in paragraph (2), by inserting after proximity to, another person the following or the pet of that person ; and in subsection (b)(5), by inserting after in any other case, the following: including any case in which the offense is committed against a pet, . Section 2264 of title 18, United States Code, is amended in subsection (b)(3)— by redesignating subparagraph
(F)as subparagraph (G); in subparagraph (E), by striking and at the end; and by inserting after subparagraph
(E)the following: veterinary services relating to physical care for the victim’s pet; and . Section 2266 of title 18, United States Code, is amended by inserting after paragraph
(10)the following: The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes. . The Secretary, acting in consultation with the Office of the Violence Against Women of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this subsection to eligible entities to carry out programs to provide the assistance described in paragraph
(3)with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets of such victims. An eligible entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— a description of the activities for which a grant under this subsection is sought; such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this subsection; and a certification that the entity, before engaging with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets). In addition to the requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph shall— not include proposals for any activities that may compromise the safety of a domestic violence victim, including— background checks of domestic violence victims; or clinical evaluations to determine the eligibility of such a victim for support services; not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and reflect the eligible entity’s understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking. Nothing in this paragraph shall be construed to require— domestic violence victims to participate in the criminal justice system in order to receive services; or eligible entities receiving a grant under this subsection to breach client confidentiality. Grants awarded under this subsection may only be used for programs that provide— emergency and transitional shelter and housing assistance for domestic violence victims with pets, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community); short-term shelter and housing assistance for domestic violence victims with pets, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets of domestic violence victims and other expenses that are incidental to securing the safety of such a pet during the sheltering, housing, or relocation of such victims; support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to— locate and secure— safe housing with the victim’s pet; or safe accommodations for the victim’s pet; or provide the victim with pet-related services, such as pet transportation, pet care services, and other assistance; or for the training of relevant stakeholders on— the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets; the needs of domestic violence victims; best practices for providing support services to such victims; best practices for providing such victims with referrals to victims’ services; and the importance of confidentiality. An eligible entity that receives a grant under this subsection shall, as a condition of such receipt, agree— to be bound by the nondisclosure of confidential information requirements of section 40002(b)(2) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(2) ); and that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this subsection on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds. Subject to subparagraph (B), assistance provided with respect to a pet of a domestic violence victim using grant funds awarded under this subsection shall be provided for a period of not more than 24 months. An eligible entity that receives a grant under this subsection may extend the 24-month period referred to in subparagraph
(A)for a period of not more than 6 months in the case of a domestic violence victim who— has made a good faith effort to acquire permanent housing for the victim’s pet during that 24-month period; and has been unable to acquire such permanent housing within that period. Not later than 1 year after the date on which an eligible entity receives a grant under this subsection and each year thereafter, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets using grant funds received under this subsection, information on— the number of domestic violence victims with pets provided such assistance; and the purpose, amount, type of, and duration of such assistance. Not later than November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the reports submitted under paragraph (6). The Secretary shall transmit a copy of the report submitted under subparagraph
(A)to— the Office on Violence Against Women of the Department of Justice; the Office of Community Planning and Development of the Department of Housing and Urban Development; and the Administration for Children and Families of the Department of Health and Human Services. There are authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2019 through 2023. Of the amount made available under subparagraph
(A)in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and administrative expenses. In this subsection: The term domestic violence victim means a victim of domestic violence, dating violence, sexual assault, or stalking. The term eligible entity means— a State; a unit of local government; an Indian tribe; or any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including— a domestic violence and sexual assault victim service provider; a domestic violence and sexual assault coalition; a community-based and culturally specific organization; any other nonprofit, nongovernmental organization; and any organization that works directly with pets and collaborates with any organization referred to in clauses
(i)through (iv), including— an animal shelter; and an animal welfare organization. The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes. Except as otherwise provided in this subsection, terms used in this section shall have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). It is the sense of Congress that States should encourage the inclusion of protections against violent or threatening acts against the pet of a person in domestic violence protection orders.
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Pet and Women Safety
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