Pet and Women Safety Act of 2014 - Amends the federal criminal code to prohibit threats or acts of violence against a person's pet under the offenses of stalking and interstate violation of a protection order. Defines "pet" to mean a domesticated animal that is kept for pleasure rather than for commercial purposes.
Requires the "full amount of the victim's losses" for purposes of restitution in domestic violence and stalking offenses to include any costs incurred for veterinary services relating to physical care for the victim's pet.
Directs the Secretary of Agriculture (USDA) to award grants to eligible entities to carry out programs to provide specified housing assistance, support services, and training of relevant stakeholders to victims of domestic violence, dating violence, sexual assault, or stalking and their pets.
Expresses the sense of Congress that states should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5267 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5267
To protect the pets of victims of domestic violence, sexual assault,
stalking, and dating violence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2014
Ms. Clark of Massachusetts (for herself and Ms. Ros-Lehtinen)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To protect the pets of victims of domestic violence, sexual assault,
stalking, and dating violence.
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 the ``Pet and Women Safety Act of 2014''.
SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND
STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
and
(B) by inserting after clause (iii) the following:
``(iv) the pet of that person; or''; and
(2) in paragraph (2)(A), by striking ``or (iii)'' and
inserting ``(iii), or (iv)''.
(b) Interstate Violation of Protection Order.--Section 2262 of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after ``another
person'' the following: ``or the pet of that person'';
and
(B) in paragraph (2), by inserting after
``proximity to, another person'' the following ``or the
pet of that person''; and
(2) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case where the offense
is committed against a pet,''.
(c) Restitution To Include Veterinary Services.--Section 2264 of
title 18, United States Code, is amended in subsection (b)(3)--
(1) by redesignating subparagraph (F) as subparagraph (G);
(2) in subparagraph (E), by striking ``and'' at the end;
and
(3) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care
for the victim's pet; and''.
(d) Pet Defined.--Section 2266 of title 18, United States Code, is
amended by inserting after paragraph (10) the following:
``(11) Pet.--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.''.
SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Secretary of Agriculture, acting in
consultation with the Director of the Violence Against Women Office 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 section to eligible entities to carry out
programs to provide the assistance described in subsection (c) with
respect to victims of domestic violence, dating violence, sexual
assault, or stalking and the pets of such victims.
(b) Application.--
(1) In general.--An eligible entity seeking a grant under
this section 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) a description of the activities for which a
grant under this section is sought;
(B) such assurances as the Secretary determines to
be necessary to ensure compliance by the entity with
the requirements of this section; and
(C) a certification that the entity, before
engaging with any individual domestic violence victim,
will disclose to such victim any mandatory duty of the
entity to report instances of abuse and neglect
(including instances of abuse and neglect of pets).
(2) Additional requirements.--In addition to the
requirements of paragraph (1), each application submitted by an
eligible entity under such paragraph shall--
(A) not include proposals for any activities that
may compromise the safety of a domestic violence
victim, including--
(i) background checks of domestic violence
victims; or
(ii) clinical evaluations to determine the
eligibility of such a victim for support
services;
(B) 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
(C) reflect the eligible entity's understanding of
the dynamics of domestic violence, dating violence,
sexual assault, or stalking.
(3) Rules of construction.--Nothing in this subsection
shall be construed to require--
(A) domestic violence victims to participate in the
criminal justice system in order to receive services;
or
(B) eligible entities receiving a grant under this
section to breach client confidentiality.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) emergency and transitional pet shelter and housing
assistance, 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);
(2) short-term pet shelter and housing assistance,
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;
(3) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence, dating
violence, sexual assault, or stalking to--
(A) locate and secure safe housing with their pet
or safe accommodation for their pet; or
(B) provide the victim with pet-related services,
such as pet transportation, pet care services, and
other assistance; or
(4) for the training of relevant stakeholders on--
(A) the link between domestic violence, dating
violence, sexual assault, or stalking and the abuse and
neglect of pets;
(B) the needs of domestic violence victims;
(C) best practices for providing support services
to such victims;
(D) best practices for providing such victims with
referrals to victims' services; and
(E) the importance of confidentiality.
(d) Grant Conditions.--An eligible entity that receives a grant
under this section shall, as a condition on such receipt, agree--
(1) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and
(2) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
section 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.
(e) Duration of Assistance Provided to Victims.--
(1) In general.--Subject to paragraph (2), assistance
provided with respect to a pet of a domestic violence victim
using grant funds awarded under this section shall be provided
for a period of not more than 24 months.
(2) Extension.--An eligible entity that receives a grant
under this section may extend the 24-month period referred to
in paragraph (1) for a period of not more than 6 months in the
case of a domestic violence victim who--
(A) has made a good faith effort to acquire
permanent housing for their pet during such 24-month
period; and
(B) has been unable to acquire such permanent
housing within such period.
(f) Report to the Secretary.--Not later than one year after the
date on which an eligible entity receives a grant under this section
and each year thereafter, such entity shall submit to the Secretary of
Agriculture a report. Such report shall contain, with respect to
assistance provided by such entity with respect to pets of domestic
violence victims using grant funds received under this section,
information on--
(1) the number of pets provided such assistance; and
(2) the purpose, amount, type of, and duration of such
assistance.
(g) Report to Congress.--
(1) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal year, the Secretary of Agriculture
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 report submitted under
subsection (f).
(2) Availability of report.--The Secretary of Agriculture
shall transmit a copy of the report submitted under paragraph
(1) to--
(A) the Office on Violence Against Women of the
Department of Justice;
(B) the Office of Community Planning and
Development at the United States Department of Housing
and Urban Development; and
(C) the Administration for Children and Families at
the United States Department of Health and Human
Services.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2015
through 2019.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(i) Definitions.--In this section:
(1) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a general unit of local government;
(C) an Indian tribe; or
(D) 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--
(i) a domestic violence and sexual assault
victim service provider;
(ii) a domestic violence and sexual assault
coalition;
(iii) a community-based and culturally
specific organization;
(iv) any other nonprofit, nongovernmental
organization; or
(v) any organization that works directly
with pets and collaborates with any
organization referred to in clauses (i) through
(iv), including--
(I) an animal shelter; or
(II) an animal welfare
organization.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should encourage the
inclusion of protections against violent or threatening acts against
the pet of the person in domestic violence protection orders.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Livestock, Rural Development, and Credit.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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