[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3521 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3521

To encourage States to expand the protections offered to victims of sex 
  offenses who are not in a familiar or dating relationship with the 
                     perpetrators of such offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2009

   Mr. Smith of New Jersey introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To encourage States to expand the protections offered to victims of sex 
  offenses who are not in a familiar or dating relationship with the 
                     perpetrators of such offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Nicole's Law''.

SEC. 2. PROTECTION FOR VICTIMS OF SEX OFFENSES.

    (a) In General.--For each fiscal year beginning after the 
expiration of the period specified in subsection (b)(1) in which a 
State receives funds under the subpart referred to in subsection 
(b)(2), the State shall have in effect throughout the State laws and 
policies that ensure that, with respect to criminal cases involving sex 
offenses (as defined by the State), protections similar to those 
offered to victims of domestic violence are extended to victims of sex 
offenses who are not in a familiar or dating relationship with the 
perpetrators of such offenses. To demonstrate compliance with the 
preceding sentence, a State shall have in effect laws and policies 
that--
            (1) expressly authorize judges and courts to issue, as a 
        condition of bail, protective orders that prohibit a defendant 
        charged with a sex offense from having any contact with the 
        victim or with the victim's friends, co-workers, or relatives;
            (2) permit judges and courts, after finding a defendant 
        guilty of a sex offense, to order a continuation of a 
        protective order described in paragraph (1), or to otherwise 
        restrict a defendant's contact with the victim, as a condition 
        of bail, parole, probation, or other supervised release; and
            (3) provide judges and courts with the authority to grant 
        or extend a protection order until further order of a judge or 
        court, as an alternative to issuing protective orders that 
        expire on a specific date or upon termination of a sentence or 
        period of supervised release.
    (b) Compliance and Ineligibility.--
            (1) Compliance date.--Each State shall have not more than 
        one year from the date of enactment of this Act in which to 
        fully implement this section, except that the Attorney General 
        may grant an additional one year to a State that is making good 
        faith efforts to implement this section.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State 
        that fails to fully implement this section, as determined by 
        the Attorney General, shall not receive 10 percent of the funds 
        that would otherwise be allocated for that fiscal year to the 
        State 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.).
    (c) Reallocation.--Amounts not allocated under the subpart referred 
to in subsection (b)(2) to a State for failure to fully implement this 
section shall be reallocated under that subpart to States that have not 
failed to fully implement this section.
    (d) Definition of State.--In this section, The term ``State'' 
includes each of the several States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.
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