Ensuring Representation for Survivors Act

II 116TH CONGRESS 1ST SESSION S. 1959 To expand and improve the Legal Assistance for Victims Grant Program to ensure legal assistance is provided for survivors in proceedings related to domestic violence and sexual assault, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 25, 2019 Mr. SULLIVAN (for himself and Ms. HARRIS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To expand and improve the Legal Assistance for Victims Grant Program to ensure legal assistance is provided for survivors in proceedings related to domestic violence and sexual assault, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Representa- 4 tion for Survivors Act’’. 5 VerDate Sep 11 2014 02:15 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1959.IS S1959 kjohnson on DSK79L0C42 with BILLS 2 •S 1959 IS SEC. 2. ENSURING ACCESS TO LEGAL ASSISTANCE IN PRO- 1 CEEDINGS RELATED TO DOMESTIC VIO- 2 LENCE AND SEXUAL ASSAULT. 3 Section 1201 of the Violence Against Women Act of 4 2000 (34 U.S.C. 20121) is amended— 5 (1) by redesignating subsection (f) as sub- 6 section (g); 7 (2) by inserting after subsection (e) the fol- 8 lowing: 9 ‘‘(f) GRANTS TO STATES TO ENSURE ACCESS TO 10 LEGAL ASSISTANCE.— 11 ‘‘(1) IN GENERAL.—In each fiscal year, the At- 12 torney General shall award to each State submitting 13 an application under paragraph (3) a grant in an 14 amount equal to .5 percent of the total amount ap- 15 propriated under subsection (g) for the fiscal year, 16 to be used to provide legal assistance to survivors of 17 domestic violence, dating violence, stalking, and sex- 18 ual assault, with the goal of all survivors of domestic 19 violence, dating violence, stalking, and sexual assault 20 receiving legal assistance. 21 ‘‘(2) USE OF FUNDS.— 22 ‘‘(A) IN GENERAL.—Any funds received by 23 a State under this subsection shall be distrib- 24 uted by the State to public or private entities 25 within the State to implement, expand, and es- 26 VerDate Sep 11 2014 02:25 Jun 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1959.IS S1959 kjohnson on DSK79L0C42 with BILLS 3 •S 1959 IS tablish efforts and projects to provide legal as- 1 sistance, including pro bono representation and 2 legal advocacy, to help survivors of domestic vi- 3 olence, dating violence, stalking, or sexual as- 4 sault— 5 ‘‘(i) assert their rights as victims in a 6 criminal proceeding, other than prosecu- 7 tion, directly related to the victimization, 8 or otherwise protect their safety, privacy, 9 or other interests as victims in such pro- 10 ceedings; 11 ‘‘(ii) initiate or respond to motions to 12 vacate or expunge a conviction, or similar 13 actions, where the jurisdiction permits 14 such a legal action based on a person’s 15 being a crime victim; and 16 ‘‘(iii) other legal actions, other than 17 tort actions, which, in the civil context, are 18 reasonably necessary as a direct result of 19 the victimization, such as— 20 ‘‘(I) civil legal assistance with di- 21 vorce, child custody, child welfare, and 22 support proceedings with cor- 23 responding enforcement; 24 VerDate Sep 11 2014 02:15 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1959.IS S1959 kjohnson on DSK79L0C42 with BILLS 4 •S 1959 IS ‘‘(II) assistance with and rep- 1 resentation at proceedings for protec- 2 tive orders, restraining orders, or 3 other stay-away orders; 4 ‘‘(III) assistance with contract, 5 housing, employment, education, 6 healthcare, benefits, and privacy mat- 7 ters; and 8 ‘‘(IV) intervention with creditors, 9 law enforcement officers, and other 10 entities on behalf of survivors of iden- 11 tity theft and financial fraud. 12 ‘‘(B) ELIGIBILITY.—A public or private 13 entity seeking distribution of grant funds re- 14 ceived by a State under this subsection shall 15 meet the eligibility requirements described in 16 subsection (d). 17 ‘‘(3) APPLICATION.—Each State seeking a 18 grant under this subsection shall submit an applica- 19 tion to the Attorney General at such time and in 20 such manner as the Attorney General may reason- 21 ably require.’’; and 22 (3) in subsection (g), as so redesignated, by 23 striking ‘‘$57,000,000 for each of fiscal years 2014 24 VerDate Sep 11 2014 02:15 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1959.IS S1959 kjohnson on DSK79L0C42 with BILLS 5 •S 1959 IS through 2018’’ and inserting ‘‘$80,000,000 for each 1 of fiscal years 2020 through 2024’’. 2 Æ VerDate Sep 11 2014 02:15 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1959.IS S1959 kjohnson on DSK79L0C42 with BILLS