Summary
# S. 321 – Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023
## WHAT THIS BILL DOES
This bill expands federal law to include dating partners in the legal definition of "intimate partner" for domestic violence purposes. It also creates a new category called "misdemeanor crime of stalking" that can prevent certain people from owning firearms.
## WHO IT AFFECTS
- People convicted of misdemeanor stalking crimes
- Victims of domestic violence and stalking
- Firearms dealers and sellers
- State and tribal courts that handle domestic violence cases
## KEY PROVISIONS
- The definition of "intimate partner" now includes people who are or were in a dating relationship with someone, or anyone similarly situated to a spouse (Sec. 2(a))
- "Dating relationship" means a relationship between individuals who have or have had (or recently had for stalking cases) a continuing serious relationship of a romantic or intimate nature (Sec. 2(a))
- Misdemeanor stalking conviction includes harassment, intimidation or surveillance that places someone in reasonable fear of harm to themselves, their family members, household members, intimate partner, or their pet or service animal (Sec. 2(b))
- People convicted of misdemeanor stalking crimes cannot legally own or possess firearms (Sec. 2(b))
- Stalking convictions only count if the defendant had a lawyer, or knowingly gave up the right to a lawyer, and had a jury trial or knowingly gave up that right (Sec. 2(b))
## WHAT CHANGES
Federal firearms prohibitions now apply to people convicted of misdemeanor stalking crimes. Dating partners receive the same legal protections as spouses in domestic violence cases.
## IMPORTANT DEFINITIONS
- **Intimate partner:** Now includes current and former dating partners, and anyone similarly situated to a spouse, including those protected by state or tribal domestic violence laws
- **Dating relationship:** A continuing serious relationship of a romantic or intimate nature between individuals
- **Misdemeanor crime of stalking:** A misdemeanor offense involving harassment, intimidation or surveillance that places someone in reasonable fear of harm or causes emotional distress
- **Emotional support animal, service animal, and pet:** Not specified in bill text
## EFFECTIVE DATE
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 321
To amend title 18, United States Code, to define intimate partner to include
someone with whom there is or was a dating relationship, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Ms. KLOBUCHAR (for herself, Mrs. FEINSTEIN, and Ms. HIRONO) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
A BILL
To amend title 18, United States Code, to define intimate
partner to include someone with whom there is or was
a dating relationship, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Strengthening Protec-
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tions for Domestic Violence and Stalking Survivors Act
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of 2023’’.
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SEC. 2. ADDRESSING INTIMATE PARTNER VIOLENCE.
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(a) INCLUSION OF CURRENT AND FORMER DATING
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PARTNERS IN DEFINITION OF ‘‘INTIMATE PARTNER’’.—
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•S 321 IS
Section 921(a) of title 18, United States Code, is amend-
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ed—
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(1) in paragraph (32)—
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(A) by striking ‘‘and an individual’’ and in-
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serting ‘‘an individual’’; and
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(B) by inserting before the period at the
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end the following: ‘‘, an individual who is or
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was in a dating relationship with the person, or
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any other individual similarly situated to a
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spouse, including an individual who is protected
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by the domestic or family violence laws of the
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State or Tribal jurisdiction in which the abuse
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occurred or the victim resides’’;
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(2) by striking paragraph (37)(A) and inserting
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the following:
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‘‘(37)(A) The term ‘dating relationship’ means a rela-
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tionship between individuals who have or have had, or in
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the case of a misdemeanor crime of domestic violence have
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or have recently had, a continuing serious relationship of
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a romantic or intimate nature.’’; and
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(3) in paragraph (37)(C), by striking ‘‘dating
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relationship’’ and inserting ‘‘continuing serious rela-
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tionship’’.
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(b) NEW PROHIBITOR FOR MISDEMEANOR CRIMES
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OF STALKING.—Chapter 44 of title 18, United States
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Code, is amended—
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(1) in section 921(a), by adding at the end the
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following:
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‘‘(38)(A) Except as provided in subparagraphs (B)
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and (C), the term ‘misdemeanor crime of stalking’ means
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an offense that—
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‘‘(i) is a misdemeanor under Federal, State,
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Tribal, or local law; and
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‘‘(ii) has, as an element, a course of harass-
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ment, intimidation, or surveillance that—
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‘‘(I) places a person in reasonable fear of
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actual harm to the health or safety of—
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‘‘(aa) that person;
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‘‘(bb) an immediate family member
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(as defined in section 115) of that person;
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‘‘(cc) an individual who shares or has
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shared a residence with that person, with-
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out regard to whether the individual is re-
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lated to that person;
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‘‘(dd) an intimate partner of that per-
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son; or
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‘‘(ee) the pet, service animal, or emo-
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tional support animal (as those terms are
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defined in section 2266) of that person; or
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‘‘(II) causes, attempts to cause, or would
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reasonably be expected to cause emotional dis-
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tress to a person described in item (aa), (bb),
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(cc), or (dd) of subclause (I).
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‘‘(B) A person shall not be considered to have been
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convicted of such an offense for purposes of this chapter,
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unless—
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‘‘(i) the person was represented by counsel in
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the case, or knowingly and intelligently waived the
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right to counsel in the case; and
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‘‘(ii) in the case of a prosecution for an offense
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described in this paragraph for which a person was
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entitled to a jury trial in the jurisdiction in which
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the case was tried, either—
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‘‘(I) the case was tried by a jury; or
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‘‘(II) the person knowingly and intel-
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ligently waived the right to have the case tried
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by a jury, by guilty plea or otherwise.
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‘‘(C) A person shall not be considered to have been
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convicted of such an offense for purposes of this chapter
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if the conviction has been expunged or set aside, or is an
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offense for which the person has been pardoned or has
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•S 321 IS
had civil rights restored (if the law of the applicable juris-
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diction provides for the loss of civil rights under such an
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offense) unless the pardon, expungement, or restoration
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of civil rights expressly provides that the person may not
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ship, transport, possess, or receive firearms.’’; and
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(2) in section 922—
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(A) in subsection (d)—
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(i) by redesignating paragraphs (10)
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and (11) as paragraphs (11) and (12), re-
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spectively;
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(ii) by inserting after paragraph (9)
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the following:
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‘‘(10) has been convicted in any court of a mis-
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demeanor crime of stalking;’’; and
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(iii) in paragraph (12), as so redesig-
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nated, by striking ‘‘(10)’’ and inserting
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‘‘(11)’’; and
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(B) in subsection (g)—
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(i) in paragraph (8), by striking ‘‘or’’
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at the end;
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(ii) in paragraph (9), by striking the
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comma at the end and inserting ‘‘; or’’;
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and
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(iii) by inserting after paragraph (9)
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the following:
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‘‘(10) has been convicted in any court of a mis-
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demeanor crime of stalking,’’.
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Æ
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