What This Bill Does
This bill changes federal gun laws to include people in dating relationships in the definition of "intimate partner." It also creates a new rule that prevents people convicted of stalking misdemeanors (lower-level crimes) from buying or possessing firearms.
Who It Affects
People convicted of misdemeanor stalking crimes. People in current or former dating relationships who experience domestic violence. Gun dealers and background check systems.
Key Provisions
• The definition of "intimate partner" now includes someone with whom a person is or was in a dating relationship, or any other person similarly situated to a spouse, including someone protected by state or tribal domestic or family violence laws (Sec. 2(a)).
• A "dating relationship" means a relationship between individuals who have or have had, or in cases of misdemeanor domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature (Sec. 2(a)).
• A person convicted of a misdemeanor crime of stalking cannot buy, possess, or receive firearms (Sec. 2(b)).
• Stalking misdemeanors include conduct that places someone in reasonable fear of harm to their health or safety, or causes emotional distress, through harassment, intimidation, or surveillance (Sec. 2(b)).
What Changes
If this becomes law, people convicted of misdemeanor stalking crimes would be prohibited from possessing firearms. The legal definition of "intimate partner" would expand to include dating partners, expanding domestic violence protections under federal gun law.
Important Definitions
Dating relationship: A relationship between individuals who have or have had, or in the case of misdemeanor domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature.
Misdemeanor crime of stalking: A lower-level offense that includes harassment, intimidation, or surveillance that places a person in reasonable fear of harm or causes emotional distress.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 905
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 HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Mrs. DINGELL (for herself, Ms. JACKSON LEE, and Mr. FITZPATRICK) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
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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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 a person who is protected by
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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
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a relationship between individuals who have or have
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had, or in the case of a misdemeanor crime of do-
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mestic violence have or have recently had, a con-
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tinuing serious relationship of a romantic or inti-
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mate nature.’’; and
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(3) in paragraph (37)(C), by striking ‘‘dating’’
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and inserting ‘‘continuing serious’’.
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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 harassment,
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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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•HR 905 IH
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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•HR 905 IH
‘‘(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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