r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT wiki — defined terms
The statute’s own glossary: every term Title 34 defines, in section order.
“State educational agency” applies in that section
the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20 .
“civil commitment program” applies in that section
The term “civil commitment program” means a program that involves— (A) secure civil confinement, including appropriate control, care, and treatment during such confinement; and (B) appropriate supervision, care, and treatment for individuals released following such confinement.;
“jurisdiction” applies in that section
The term “jurisdiction” has the meaning given such term in section 20911 of this title . (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2010.
“sexually dangerous person” applies in that section
The term “sexually dangerous person” means a person suffering from a serious mental illness, abnormality, or disorder, as a result of which the individual would have serious difficulty in refraining from sexually violent conduct or child molestation.;
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) RAINN
“RAINN” applies in that section
The term “RAINN” means the Rape, Abuse & Incest National Network, a 501(c)(3) nonprofit corporation headquartered in the District of Columbia. (d) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section, $3,000,000 for each of fiscal years 2022 through 2027.
“State” applies in that section
the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011.
“child exploitation” applies throughout its chapter
The term “child exploitation” means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18 or any sexual activity involving a minor for which any person can be charged with a criminal offense. (2) Child obscenity
“child obscenity” applies throughout its chapter
The term “child obscenity” means any visual depiction proscribed by section 1466A of title 18 . (3) Minor
“minor” applies throughout its chapter
The term “minor” means any person under the age of 18 years. (4) Sexually explicit conduct
“sexually explicit conduct” applies throughout its chapter
The term “sexually explicit conduct” has the meaning given such term in section 2256 of title 18 .
“covered formula grant” applies throughout its chapter
The term “covered formula grant” means a grant under— (A) part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg et seq.) 1 (commonly referred to as the “STOP Violence Against Women Formula Grant Program”); or (B) section 12511 of this title (commonly referred to as the “Sexual Assault Services Program”). (2) Termination (A) In general
“termination” applies throughout its chapter
The term “termination” means, when used with respect to parental rights, a complete and final termination of the parent’s right to custody of, guardianship of, visitation with, access to, and inheritance from a child. (B) Rule of construction Nothing in this paragraph shall be construed to require a State, in order to receive an increase in the amount provided to the State under the covered formula grants under this chapter, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child.
“Center” applies throughout its chapter
The term “Center” means the Angel Watch Center established pursuant to section 21503(a) of this title . (2) Convicted
“convicted” applies throughout its chapter
The term “convicted” has the meaning given the term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ). 1 (3) Covered sex offender Except as otherwise provided,
“covered sex offender” applies throughout its chapter
the term “covered sex offender” means an individual who is a sex offender by reason of having been convicted of a sex offense against a minor. (4) Destination country
“destination country” applies throughout its chapter
The term “destination country” means a destination or transit country. (5) INTERPOL
“INTERPOL” applies throughout its chapter
The term “INTERPOL” means the International Criminal Police Organization. (6) Jurisdiction
“jurisdiction” applies throughout its chapter
The term “jurisdiction” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Northern Mariana Islands; (G) the United States Virgin Islands; and (H) to the extent provided in, and subject to the requirements of, section 127 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16927 ), 1 a Federally recognized Indian tribe. (7) Minor
“minor” applies throughout its chapter
The term “minor” means an individual who has not attained the age of 18 years. (8) National Sex Offender Registry
“National Sex Offender Registry” applies throughout its chapter
The term “National Sex Offender Registry” means the National Sex Offender Registry established by section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 ). 1 (9) Sex offender under SORNA
“sex offender under SORNA” applies throughout its chapter
The term “sex offender under SORNA” has the meaning given the term “sex offender” in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ). 1 (10) Sex offense against a minor (A) In general
“sex offense against a minor” applies throughout its chapter
The term “sex offense against a minor” means a specified offense against a minor, as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ). 1 (B) Other offenses
“sex offender” applies in that section
the term “sex offender” means— (1) a covered sex offender; or (2) an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.
“sex offender” applies in that section
the term “sex offender” means— (1) a sex offender under SORNA; or (2) a person required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Foreign Affairs of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Homeland Security of the House of Representatives; (5) the Committee on the Judiciary of the Senate; (6) the Committee on the Judiciary of the House of Representatives; (7) the Committee on Appropriations of the Senate; and (8) the Committee on Appropriations of the House of Representatives.
“abuse” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“adult protective services” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“elder” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“elder abuse” applies throughout its chapter
the term “elder abuse” includes abuse, neglect, and exploitation of an elder; and;
“elder justice” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“exploitation” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“law enforcement” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“neglect” applies throughout its chapter
the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 1397j of title 42 ;
“State” applies throughout its chapter
the term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
“AMBER Alert communications network” applies throughout its chapter
The term “AMBER Alert communications network” means the AMBER Alert communications network established under subtitle A of title III of the PROTECT Act ( 34 U.S.C. 20501 et seq.). (2) Ashanti Alert
“Ashanti Alert” applies throughout its chapter
The term “Ashanti Alert” means an alert issued through the Ashanti Alert communications network, related to a missing adult. (3) Ashanti Alert communications network
“Ashanti Alert communications network” applies throughout its chapter
The term “Ashanti Alert communications network” means the national communications network established by the Attorney General under section 21902(a) of this title . (4) Ashanti Alert Coordinator of the Department of Justice; Coordinator
“Ashanti Alert Coordinator of the Department of Justice” applies throughout its chapter
The term “Ashanti Alert Coordinator of the Department of Justice” or “Coordinator” means the employee designated by the Attorney General to act as the national coordinator of the Ashanti Alert communications network under section 21903(a) of this title . (5) Ashanti Alert plan
“Ashanti Alert plan” applies throughout its chapter
The term “Ashanti Alert plan” means a local element of the Ashanti Alert communications network. (6) Indian Tribe
“Coordinator” applies throughout its chapter
The term “Ashanti Alert Coordinator of the Department of Justice” or “Coordinator” means the employee designated by the Attorney General to act as the national coordinator of the Ashanti Alert communications network under section 21903(a) of this title . (5) Ashanti Alert plan
“Indian Tribe” applies throughout its chapter
The term “Indian Tribe” means a federally recognized Indian Tribe or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43 ). (7) Missing adult
“missing adult” applies throughout its chapter
The term “missing adult” means an individual who— (A) is older than the age for which an alert may be issued through the AMBER Alert communications network in the State or territory of an Indian Tribe in which the individual is identified as a missing individual; (B) is identified by a law enforcement agency as a missing individual; and (C) meets the requirements to be designated as a missing adult, as determined by the State in which, or the Indian Tribe in the territory of which, the individual is identified as a missing individual. (8) State
“State” applies throughout its chapter
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“computer” applies in that section
The term “computer” includes a computer network and an interactive electronic device. (2) Cybercrime against individuals
“cybercrime against individuals” applies in that section
The term “cybercrime against individuals”— (A) means a criminal offense applicable in the area under the jurisdiction of the relevant State, Indian Tribe, or unit of local government that involves the use of a computer to harass, threaten, stalk, extort, coerce, cause fear to, or intimidate an individual, or without consent distribute intimate images of an adult, except that use of a computer need not be an element of such an offense; and (B) does not include the use of a computer to cause harm to a commercial entity, government agency, or non-natural person. (3) Indian tribe; State; Tribal government; unit of local government
“Indian Tribe” applies in that section
The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title , as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
“State” applies in that section
The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title , as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
“Tribal government” applies in that section
The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title , as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
“unit of local government” applies in that section
The terms “Indian Tribe”, “State”, “Tribal government”, and “unit of local government” have the meanings given such terms in section 12291(a) of this title , as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals.
“cybercrime against individuals” applies in that section
The term “cybercrime against individuals” has the meaning given such term in section 30107 of this title . (2) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means a nonprofit private organization that— (A) focuses on cybercrimes against individuals; (B) provides documentation to the Attorney General demonstrating experience working directly on issues of cybercrimes against individuals; and (C) includes on the organization’s advisory board representatives who— (i) have a documented history of working directly on issues of cybercrimes against individuals; (ii) have a history of working directly with victims of cybercrimes against individuals; and (iii) are geographically and culturally diverse.
“computer” applies in that section
The term “computer” includes a computer network and any interactive electronic device. (2) Cybercrime against individuals
“cybercrime against individuals” applies in that section
The term “cybercrime against individuals” has the meaning given the term in section 30107 of this title . (b) National strategy The Attorney General shall develop a national strategy to— (1) reduce the incidence of cybercrimes against individuals; (2) coordinate investigations of cybercrimes against individuals by Federal law enforcement agencies; (3) increase the number of Federal prosecutions of cybercrimes against individuals; and (4) develop an evaluation process that measures rates of cybercrime victimization and prosecutorial rates among Tribal and culturally specific communities.
“State” applies in that section
the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (g) Authorization of appropriations (1) In general There are authorized to be appropriated for grants under this section $40,000,000 for each of fiscal years 2004 through 2010. (2) Limitation Of amounts made available for grants under this section, not less than 50 percent shall be available only for activities specified in paragraph (1) of subsection (b).
“detention facilities operated under contract with the Department” applies in that section
the term “detention facilities operated under contract with the Department” includes, but is not limited to contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security.
“carnal knowledge” applies throughout its chapter
The term “carnal knowledge” means contact between the penis and the vulva or the penis and the anus, including penetration of any sort, however slight. (2) Inmate
“HIV” applies throughout its chapter
The term “HIV” means the human immunodeficiency virus. (5) Oral sodomy
“inmate” applies throughout its chapter
The term “inmate” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. (3) Jail
“jail” applies throughout its chapter
The term “jail” means a confinement facility of a Federal, State, or local law enforcement agency to hold— (A) persons pending adjudication of criminal charges; or (B) persons committed to confinement after adjudication of criminal charges for sentences of 1 year or less. (4) HIV
“oral sodomy” applies throughout its chapter
The term “oral sodomy” means contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus. (6) Police lockup
“police lockup” applies throughout its chapter
The term “police lockup” means a temporary holding facility of a Federal, State, or local law enforcement agency to hold— (A) inmates pending bail or transport to jail; (B) inebriates until ready for release; or (C) juveniles pending parental custody or shelter placement. (7) Prison
“prison” applies throughout its chapter
The term “prison” means any confinement facility of a Federal, State, or local government, whether administered by such government or by a private organization on behalf of such government, and includes— (A) any local jail or police lockup; and (B) any juvenile facility used for the custody or care of juvenile inmates. (8) Prison rape
“prison rape” applies throughout its chapter
The term “prison rape” includes the rape of an inmate in the actual or constructive control of prison officials. (9) Rape
“rape” applies throughout its chapter
The term “rape” means— (A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will; (B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or (C) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury. (10) Sexual assault with an object
“sexual assault with an object” applies throughout its chapter
The term “sexual assault with an object” means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person. (11) Sexual fondling
“sexual fondling” applies throughout its chapter
The term “sexual fondling” means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the purpose of sexual gratification.
“crime of violence” applies in that section
the term “crime of violence” has the meaning given that term in section 16 of title 18 ;
“hate crime” applies in that section
the term “hate crime” has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ; 108 Stat. 2096 ), as amended by this Act;
“local” applies in that section
the term “local” means a county, city, town, township, parish, village, or other general purpose political subdivision of a State; and;
“State” applies in that section
the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
“covered agency” applies in that section
The term “covered agency” means— (i) a State law enforcement agency; and (ii) a priority agency. (B) Eligible entity
“eligible entity” applies in that section
The term “eligible entity” means— (i) a State; or (ii) a unit of local government that has a priority agency. (2) Grants (A) In general The Attorney General may make grants to eligible entities to assist covered agencies within the jurisdiction of the eligible entity in conducting law enforcement activities or crime reduction programs to prevent, address, or otherwise respond to hate crime, particularly as those activities or programs relate to reporting hate crimes through the Uniform Crime Reports program, including— (i) adopting a policy on identifying, investigating, and reporting hate crimes; (ii) developing a standardized system of collecting, analyzing, and reporting the incidence of …
“hate crime” applies in that section
The term “hate crime” means an act described in section 245, 247, or 249 of title 18 or in section 3631 of title 42 . (2) Priority agency
“priority agency” applies in that section
The term “priority agency” means— (A) a law enforcement agency of a unit of local government that serves a population of not less than 100,000, as computed by the Federal Bureau of Investigation; or (B) a law enforcement agency of a unit of local government that— (i) serves a population of not less than 50,000 and less than 100,000, as computed by the Federal Bureau of Investigation; and (ii) has reported no hate crimes through the Uniform Crime Reports program in each of the 3 most recent calendar years for which such data is available. (3) State
“State” applies in that section
The term “State” has the meaning given the term in section 10251 of this title . (4) Uniform Crime Reports
“Uniform Crime Reports” applies in that section
The term “Uniform Crime Reports” means the reports authorized under section 534 of title 28 and administered by the Federal Bureau of Investigation that compile nationwide criminal statistics for use— (A) in law enforcement administration, operation, and management; and (B) to assess the nature and type of crime in the United States. (5) Unit of local government
“unit of local government” applies in that section
The term “unit of local government” has the meaning given the term in section 10251 of this title . (d) Reporting of hate crimes (1) Implementation grants (A) In general The Attorney General may make grants to States and units of local government to assist the State or unit of local government in implementing the National Incident-Based Reporting System, including to train employees in identifying and classifying hate crimes in the National Incident-Based Reporting System.
“authorized agency” applies throughout its chapter
the term “authorized agency” means a division or office of a State designated by a State to report, receive, or disseminate information under this chapter;
“care” applies throughout its chapter
the term “care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities;
“child” applies throughout its chapter
the term “child” means a person who is a child for purposes of the criminal child abuse law of a State;
“child abuse crime” applies throughout its chapter
the term “child abuse crime” means a crime committed under any law of a State that involves the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by any person;
“child abuse crime information” applies throughout its chapter
the term “child abuse crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a child abuse crime: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the child abuse crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that the Attorney General determines may be useful in identifying persons arrested for, or convicted of, a child abuse crime;
“covered individual” applies throughout its chapter
the term “covered individual” means an individual— (A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and (B) who— (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or (ii) owns or operates, or seeks to own or operate, a qualified entity;
“designated entity” applies throughout its chapter
the term “designated entity” means an entity designated by the Attorney General under section 40102(f)(2)(A) of this title .
“identifiable child abuse crime case” applies throughout its chapter
the term “identifiable child abuse crime case” means a case that can be identified by the authorized criminal justice agency of the State as involving a child abuse crime by reference to the statutory citation or descriptive label of the crime as it appears in the criminal history record;
“individuals with disabilities” applies throughout its chapter
the term “individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks;
“national criminal history background check system” applies throughout its chapter
the term “national criminal history background check system” means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification;
“qualified entity” applies throughout its chapter
the term “qualified entity” means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services;
“State” applies throughout its chapter
the term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific; and;
“Attorney General” applies throughout its subchapter
The term “Attorney General” means the Attorney General of the United States. (2) Compact
“Compact” applies throughout its subchapter
The term “Compact” means the National Crime Prevention and Privacy Compact set forth in section 40316 of this title . (3) Council
“Council” applies throughout its subchapter
The term “Council” means the Compact Council established under Article VI of the Compact. (4) FBI
“FBI” applies throughout its subchapter
The term “FBI” means the Federal Bureau of Investigation. (5) Party State
“Party State” applies throughout its subchapter
The term “Party State” means a State that has ratified the Compact. (6) State
“State” applies throughout its subchapter
The term “State” means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
“Attorney General” applies in that section
The term “Attorney General” means the Attorney General of the United States. (2) Compact officer
“Compact officer” applies in that section
The term “Compact officer” means— (A) with respect to the Federal Government, an official so designated by the Director of the FBI; and (B) with respect to a Party State, the chief administrator of the State’s criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository. (3) Council
“Council” applies in that section
The term “Council” means the Compact Council established under Article VI. (4) Criminal history records
“criminal history record repository” applies in that section
The term “criminal history record repository” means the State agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for criminal history records and services in the State. (6) Criminal justice
“criminal history records” applies in that section
The term “criminal history records”— (A) means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system. (5) Criminal history record repository
“criminal justice” applies in that section
The term “criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records. (7) Criminal justice agency
“criminal justice agency” applies in that section
The term “criminal justice agency”— (A) means— (i) courts; and (ii) a governmental agency or any subunit thereof that— (I) performs the administration of criminal justice pursuant to a statute or Executive order; and (II) allocates a substantial part of its annual budget to the administration of criminal justice; and (B) includes Federal and State inspectors general offices. (8) Criminal justice services
“criminal justice services” applies in that section
The term “criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes. (9) Criterion offense
“criterion offense” applies in that section
The term “criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI. (10) Direct access
“direct access” applies in that section
The term “direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency. (11) Executive order
“Executive order” applies in that section
The term “Executive order” means an order of the President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law. (12) FBI
“FBI” applies in that section
The term “FBI” means the Federal Bureau of Investigation. (13) Interstate Identification System 1
“III System” applies in that section
The term “Interstate Identification Index System” or “III System”— (A) means the cooperative Federal-State system for the exchange of criminal history records; and (B) includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI. (14) National Fingerprint File
“Interstate Identification Index System” applies in that section
The term “Interstate Identification Index System” or “III System”— (A) means the cooperative Federal-State system for the exchange of criminal history records; and (B) includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI. (14) National Fingerprint File
“National Fingerprint File” applies in that section
The term “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System. (15) National Identification Index
“National Identification Index” applies in that section
The term “National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System. (16) National indices
“National indices” applies in that section
The term “National indices” means the National Identification Index and the National Fingerprint File. (17) Nonparty State
“noncriminal justice purposes” applies in that section
The term “noncriminal justice purposes” means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances. (19) Party State
“Nonparty State” applies in that section
The term “Nonparty State” means a State that has not ratified this Compact. (18) Noncriminal justice purposes
“Party State” applies in that section
The term “Party State” means a State that has ratified this Compact. (20) Positive identification
“positive identification” applies in that section
The term “positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification. (21) Sealed record information
“sealed record information” applies in that section
The term “sealed record information” means— (A) with respect to adults, that portion of a record that is— (i) not available for criminal justice uses; (ii) not supported by fingerprints or other accepted means of positive identification; or (iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and (B) with respect to juveniles, whatever each State determines is a sealed record under its own law and procedure. (22) State
“State” applies in that section
The term “State” means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE II—PURPOSES The purposes of this Compact are to— (1) provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history records for noncriminal justice uses; (2) require the FBI to permit use of the National Identification Index and the National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and …
“awaiting testing” applies in that section
the terms “awaiting testing” and “possession” have the meanings given those terms in subsection (n).
“possession” applies in that section
the terms “awaiting testing” and “possession” have the meanings given those terms in subsection (n).
“State” applies in that section
the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (j) Authorization of appropriations There are authorized to be appropriated to the Attorney General for grants under subsection (a) $151,000,000 for each of fiscal years 2024 through 2029.
“DNA analysis” applies in that section
The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.;
“DNA sample” applies in that section
The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.;
“Rapid DNA instruments” applies in that section
The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample. (d) Qualifying Federal offenses The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: (1) Any felony. (2) Any offense under chapter 109A of title 18. (3) Any crime of violence (as that term is defined in section 16 of title 18 ). (4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).
“DNA analysis” applies in that section
The term “DNA analysis” means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.;
“DNA sample” applies in that section
The term “DNA sample” means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.;
“Rapid DNA instruments” applies in that section
The term “Rapid DNA instruments” means instrumentation that carries out a fully automated process to derive a DNA analysis from a DNA sample. (d) Qualifying District of Columbia offenses The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses. (e) Commencement of collection Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000 .
“eligible entity” applies in that section
The term “eligible entity” includes— (A) a State, Tribal, or local government or hospital; (B) a sexual assault examination program, including— (i) a SANE program; (ii) a SAFE program; (iii) a SART program; (iv) medical personnel, including a doctor or nurse, involved in treating victims of sexual assault; and (v) a victim service provider involved in treating victims of sexual assault; (C) a State sexual assault coalition; (D) a health care facility, including a hospital that provides sexual assault forensic examinations by a qualified or certified SANE or SAFE; (E) a sexual assault examination program that provides SANE or SAFE training; and (F) a community-based program that provides …
“health care facility” applies in that section
The term “health care facility” means any State, local, Tribal, community, free, nonprofit, academic, or private medical facility, including a hospital, that provides emergency medical care to patients. (3) Medical forensic examination; MFE
“medical forensic examination” applies in that section
The term “medical forensic examination” or “MFE” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute …
“MFE” applies in that section
The term “medical forensic examination” or “MFE” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute …
“pediatric SANE and SAFE” applies in that section
The term “pediatric SANE and SAFE” means a SANE or SAFE who is trained to conduct sexual assault forensic examinations on children and youth between the ages of 0 and 18. (5) Qualified personnel
“qualified personnel” applies in that section
The term “qualified personnel” includes a registered or advanced practice nurse, physician, doctor of osteopathy, or physician assistant who has specialized training conducting medical forensic examinations. (6) Qualified SANE and SAFE training program
“qualified SANE and SAFE training program” applies in that section
The term “qualified SANE and SAFE training program” means a program that— (A) is qualified to prepare current and future sexual assault nurse examiners to be profession-ready and meet the applicable State and National certification and licensure requirements, through didactic, clinical, preceptor, or capstone programs that include longer-term training; (B) provides that preparation under a health care model that uses trauma-informed techniques; and (C) is approved as meeting the most recent National Training Standards for Sexual Assault Medical Forensic Examiners. (7) Rural area
“rural area” applies in that section
The term “rural area” has the meaning given the term in section 12291 of this title . (8) Secretary
“SAFE” applies in that section
The term “sexual assault forensic examiner” or “SAFE” means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (11) Sexual assault forensic examination
“SANE” applies in that section
The term “sexual assault nurse examiner” or “SANE” means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations. (13) Sexual assault response team; SART
“SART” applies in that section
The term “sexual assault response team” or “SART” means a multidisciplinary team that— (A) provides a specialized and immediate response to survivors of sexual assault; and (B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (14) State
“Secretary” applies in that section
The term “Secretary” means the Secretary of Health and Human Services. (9) Sexual assault
“sexual assault” applies in that section
The term “sexual assault” means any nonconsensual sexual act or sexual contact proscribed by Federal, Tribal, or State law, including when the individual lacks capacity to consent. (10) Sexual assault forensic examiner; SAFE
“sexual assault forensic examination” applies in that section
The term “sexual assault forensic examination” means an examination of a sexual assault patient by a health care provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these patients, which includes— (A) gathering information from the patient for the medical forensic history; (B) an examination; (C) coordinating treatment of injuries, documentation of biological and physical findings, and collection of evidence from the patient; (D) documentation of findings; (E) providing information, treatment, and referrals for sexually transmitted infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute …
“sexual assault forensic examiner” applies in that section
The term “sexual assault forensic examiner” or “SAFE” means an individual who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations. (11) Sexual assault forensic examination
“sexual assault nurse examiner” applies in that section
The term “sexual assault nurse examiner” or “SANE” means a registered or advanced practice nurse who has specialized training conducting medical forensic examinations. (13) Sexual assault response team; SART
“sexual assault response team” applies in that section
The term “sexual assault response team” or “SART” means a multidisciplinary team that— (A) provides a specialized and immediate response to survivors of sexual assault; and (B) may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists. (14) State
“State” applies in that section
The term “State” means any State of the United States, the District of Columbia, and any territory or possession of the United States. (15) Trauma-informed
“trauma-informed” applies in that section
The term “trauma-informed” means, with respect to services or training, services or training that— (A) use a patient-centered approach to providing services or care; (B) promote the dignity, strength, and empowerment of patients who have experienced trauma; and (C) incorporate evidence-based practices based on knowledge about the impact of trauma on patients’ lives. (16) Underserved populations
“underserved populations” applies in that section
The term “underserved populations” has the meaning given the term in section 12291 of this title . (b) Sexual assault nurse examiner training program grants (1) Authorization for grants The Attorney General, in consultation with the Secretary, shall make grants to eligible entities for the following purposes: (A) To establish qualified regional SANE training programs— (i) to provide clinical education for SANE students; (ii) to provide salaries for full and part-time SANE instructors, including those specializing in pediatrics and working in a multidisciplinary team setting, to help with the clinical training of SANEs; and (iii) to provide access to simulation laboratories and other …
“State” applies in that section
the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
“DNA arrestee collection process” applies throughout its subchapter
The term “DNA arrestee collection process” means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in section 12592(a) of this title (in this subchapter referred to as the “National DNA Index System”), of DNA profiles or DNA data from the following individuals who are at least 18 years of age: (A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.