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34 U.S.C. § 30503Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials

submitted 17 years ago by Pub. L. 111-84 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 552 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General can help state, local, and tribal police investigate and prosecute hate crimes. This help can include technical support or grant money, up to $100,000 per jurisdiction per year. Agencies must show they lack the resources to handle the case alone.

(a) Assistance other than financial assistance. (1) At a state, local, or tribal law enforcement agency's request, the Attorney General may provide technical, forensic, prosecutorial, or other help investigating or prosecuting any crime that (A) is a crime of violence, (B) is a felony under state, local, or tribal law, and (C) is motivated by the victim's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability, or violates a state, local, or tribal hate crime law. (2) In giving this help, the Attorney General must prioritize crimes by offenders who committed crimes in more than one state, and rural jurisdictions that struggle to cover the extraordinary costs of investigating or prosecuting the crime. (b) Grants. (1) The Attorney General may award grants to state, local, and tribal law enforcement agencies for the extraordinary costs of investigating and prosecuting hate crimes. (2) The Office of Justice Programs must work closely with grantees to make sure the concerns of everyone affected — including community groups, schools, colleges, and universities — are addressed through the local systems the grants build. (3) An agency that wants a grant must apply to the Attorney General, following whatever timing, manner, and information requirements the Attorney General reasonably sets, and must submit the application during a 60-day window the Attorney General will set. The application must (i) describe why the extraordinary funds are needed; (ii) certify that the state, local government, or tribe lacks the resources to investigate or prosecute the hate crime; (iii) show that the agency consulted and coordinated with nonprofit victim-services programs experienced with hate-crime victims while planning to use the grant; and (iv) certify that federal funds will supplement, not replace, non-federal funds otherwise available for these activities. (4) The Attorney General must approve or deny an application within 180 business days after receiving it. (5) A grant cannot exceed $100,000 for any single jurisdiction in any one-year period. (6) By December 31, 2011, the Attorney General must report to Congress on the applications submitted, the grants awarded, and what the grant money was spent on. (7) Congress authorized $5,000,000 for each of fiscal years 2010, 2011, and 2012 to carry out this subsection.
the actual law source: uscode.house.gov ↗public domain
(a) Assistance other than financial assistance
(1) In general

At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—

(A)

constitutes a crime of violence;

(B)

constitutes a felony under the State, local, or tribal laws; and

(C)

is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.

(2) Priority

In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

(b) Grants
(1) In general

The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.

(2) Office of Justice Programs

In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.

(3) Application
(A) In general

Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(B) Date for submission

Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.

(C) Requirements

A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—

(i)

describe the extraordinary purposes for which the grant is needed;

(ii)

certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;

(iii)

demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and

(iv)

certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.

(4) Deadline

An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.

(5) Grant amount

A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.

(6) Report

Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.

(7) Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012.

Source credit: (Pub. L. 111–84, div. E, § 4704, Oct. 28, 2009, 123 Stat. 2837.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-84 · 123 Stat. 2837

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-84 on 2009-10-28.

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