Zero Tolerance for Domestic Abusers Act

I 117TH CONGRESS 1ST SESSION H. R. 1494 To protect victims of stalking from gun violence. IN THE HOUSE OF REPRESENTATIVES MARCH 2, 2021 Mrs. DINGELL (for herself and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect victims of stalking from gun violence. 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 ‘‘Zero Tolerance for Do- 4 mestic Abusers Act’’. 5 SEC. 2. ADDITION OF DATING PARTNERS AND INDIVIDUALS 6 SUBJECT TO RESTRAINING ORDERS. 7 (a) DEFINITION.—Section 921(a) of title 18, United 8 States Code, is amended— 9 (1) by striking paragraph (32) and inserting 10 the following: 11 ‘‘(32) The term ‘intimate partner’— 12 VerDate Sep 11 2014 21:31 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1494.IH H1494 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1494 IH ‘‘(A) means with respect to a person, the spouse 1 of the person, a former spouse of the person, an in- 2 dividual who is a parent of a child of the person, and 3 an individual who cohabitates or has cohabited with 4 the person; and 5 ‘‘(B) includes— 6 ‘‘(i) a dating partner or former dating 7 partner (as defined in section 2266); and 8 ‘‘(ii) any other person similarly situated to 9 a spouse who is protected by the domestic or 10 family violence laws of the State or tribal juris- 11 diction in which the injury occurred or where 12 the victim resides.’’; 13 (2) in paragraph (33)(A)— 14 (A) in clause (i), by inserting ‘‘municipal,’’ 15 after ‘‘State,’’; and 16 (B) in clause (ii), by inserting ‘‘dating 17 partner (as defined in section 2266),’’ after 18 ‘‘spouse,’’ each place it appears; 19 (3) by redesignating paragraphs (34) and (35) 20 as paragraphs (35) and (36), respectively; and 21 (4) by inserting after paragraph (33) the fol- 22 lowing: 23 ‘‘(34)(A) The term ‘misdemeanor crime of stalking’ 24 means an offense that is— 25 VerDate Sep 11 2014 21:31 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1494.IH H1494 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1494 IH ‘‘(i) a misdemeanor crime of stalking under 1 Federal, State, municipal, or Tribal law; and 2 ‘‘(ii) a course of harassment, intimidation or 3 surveillance of another person that— 4 ‘‘(I) places that person in reasonable fear 5 of material harm to the health or safety of— 6 ‘‘(aa) that person; 7 ‘‘(bb) an immediate family member 8 (as defined in section 115) of that person; 9 ‘‘(cc) a household member of that per- 10 son; or 11 ‘‘(dd) a spouse or intimate partner of 12 that person; or 13 ‘‘(II) causes, attempts to cause, or would 14 reasonably be expected to cause emotional dis- 15 tress to a person described in item (aa), (bb), 16 (cc), or (dd) of subclause (I). 17 ‘‘(B) A person shall not be considered to have been 18 convicted of such an offense for purposes of this chapter, 19 unless— 20 ‘‘(i) the person was represented by counsel in 21 the case, or knowingly and intelligently waived the 22 right to counsel in the case; and 23 ‘‘(ii) in the case of a prosecution for an offense 24 described in this paragraph for which a person was 25 VerDate Sep 11 2014 21:31 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1494.IH H1494 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1494 IH entitled to a jury trial in the jurisdiction in which 1 the case was tried, either 2 ‘‘(I) the case was tried by a jury, or 3 ‘‘(II) the person knowingly and intel- 4 ligently waived the right to have the case tried 5 by a jury, by guilty plea or otherwise. 6 ‘‘(C) A person shall not be considered to have been 7 convicted of such an offense for purposes of this chapter 8 if the conviction has been expunged or set aside, or is an 9 offense for which the person has been pardoned or has 10 had civil rights restored (if the law of the applicable juris- 11 diction provides for the loss of civil rights under such an 12 offense) unless the pardon, expungement, or restoration 13 of civil rights expressly provides that the person may not 14 ship, transport, possess, or receive firearms.’’. 15 SEC. 3. PROHIBITING STALKERS FROM POSSESSING A 16 FIREARM. 17 Section 922 of title 18, United States Code, is 18 amended— 19 (1) in subsection (d)— 20 (A) in paragraph (8)(ii), by striking ‘‘or’’ 21 at the end; 22 (B) in paragraph (9), by striking the pe- 23 riod at the end and inserting ‘‘; or’’; and 24 VerDate Sep 11 2014 21:31 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1494.IH H1494 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1494 IH (C) by inserting after paragraph (9) the 1 following: 2 ‘‘(10) has been convicted in any court of a mis- 3 demeanor crime of stalking.’’; and 4 (2) in subsection (g)— 5 (A) in paragraph (8)(C)(ii), by striking 6 ‘‘or’’ at the end; 7 (B) in paragraph (9), by striking the 8 comma at the end and inserting ‘‘; or’’; and 9 (C) by inserting after paragraph (9) the 10 following: 11 ‘‘(10) who has been convicted in any court of 12 a misdemeanor crime of stalking,’’. 13 Æ VerDate Sep 11 2014 21:31 Apr 16, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1494.IH H1494 pbinns on DSKJLVW7X2PROD with BILLS