(a) In general
No benefit shall be paid under this subchapter—
(1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death, disability, or injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual's actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
(5) with respect to any individual employed in a capacity other than a civilian capacity.
(b) Presumption
In determining whether a benefit is payable under this subchapter, the Bureau—
(1) shall presume that none of the limitations described in subsection (a) apply; and
(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.
Codification
Section was formerly classified to section 3796a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 1202 of title I of Pub. L. 90–351, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 98–411, title II, §204(a)(2), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98–473, title II, §609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of part L of title I of Pub. L. 90–351 by section 609F of Pub. L. 98–473.
Another prior section 1202 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99–308, §104(b), May 19, 1986, 100 Stat. 459.
Amendments
2017—Pub. L. 115–36 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2013—Pub. L. 112–239, §1086(b)(1)(C)(i), substituted "fatal" for "death" wherever appearing except in par. (1) following "bring about his".
Par. (1). Pub. L. 112–239, §1086(b)(1)(C)(ii), substituted "bring about his death, disability, or injury" for "bring about his death or catastrophic injury".
2006—Par. (5). Pub. L. 109–162 inserted "with respect" before "to any individual".
1990—Pars. (1) to (4). Pub. L. 101–647 inserted "or catastrophic injury" after "death" wherever appearing.
Effective Date of 2017 Amendment
Pub. L. 115–36, §6, June 2, 2017, 131 Stat. 852, provided that: "The amendments made by this Act [enacting section 10288 of this title and amending this section and sections 10285 and 10302 of this title] shall—
"(1) take effect on the date of enactment of this Act [June 2, 2017]; and
"(2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) [now 34 U.S.C. 10281 et seq.] that is—
"(A) pending before the Bureau of Justice Assistance on the date of enactment; or
"(B) received by the Bureau on or after the date of enactment of this Act."
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101–647, set out as a note under section 10281 of this title.
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