Lori Jackson Domestic Violence Survivor Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 1923 To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving fire- arms, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 16, 2021 Mr. HIMES (for himself and Ms. NORTON) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other pur- poses. 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 ‘‘Lori Jackson Domestic 4 Violence Survivor Protection Act’’. 5 VerDate Sep 11 2014 23:28 May 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1923.IH H1923 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1923 IH SEC. 2. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND ‘‘MIS- 1 DEMEANOR CRIME OF DOMESTIC VIOLENCE’’ 2 EXPANDED. 3 Section 921(a) of title 18, United States Code, is 4 amended— 5 (1) by inserting before paragraph (32) the fol- 6 lowing: 7 ‘‘(31) The term ‘covered domestic violence court 8 order’ means a court order— 9 ‘‘(A) that was issued— 10 ‘‘(i) after a hearing of which such per- 11 son received actual notice, and at which 12 such person had an opportunity to partici- 13 pate; or 14 ‘‘(ii) in the case of an ex parte order, 15 relative to which notice and opportunity to 16 be heard are provided— 17 ‘‘(I) within the time required by 18 State, tribal, or territorial law; and 19 ‘‘(II) in any event within a rea- 20 sonable time after the order is issued, 21 sufficient to protect the due process 22 rights of the person; 23 ‘‘(B) that restrains such person from— 24 ‘‘(i) harassing, stalking, or threat- 25 ening an intimate partner of such person 26 VerDate Sep 11 2014 23:28 May 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1923.IH H1923 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1923 IH or child of such intimate partner or person, 1 or engaging in other conduct that would 2 place an intimate partner in reasonable 3 fear of bodily injury to the partner or 4 child; or 5 ‘‘(ii) intimidating or dissuading a wit- 6 ness from testifying in court; and 7 ‘‘(C) that— 8 ‘‘(i) includes a finding that such per- 9 son represents a credible threat to the 10 physical safety of such individual described 11 in subparagraph (B); or 12 ‘‘(ii) by its terms explicitly prohibits 13 the use, attempted use, or threatened use 14 of physical force against such individual 15 described in subparagraph (B) that would 16 reasonably be expected to cause bodily in- 17 jury.’’; 18 (2) in paragraph (32), by striking all that fol- 19 lows after ‘‘The term ‘intimate partner’ ’’ and insert- 20 ing the following: ‘‘— 21 ‘‘(A) means, with respect to a person, the 22 spouse of the person, a former spouse of the person, 23 an individual who is a parent of a child of the per- 24 VerDate Sep 11 2014 23:28 May 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1923.IH H1923 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1923 IH son, and an individual who cohabitates or has 1 cohabited with the person; and 2 ‘‘(B) includes— 3 ‘‘(i) a dating partner (as defined in section 4 2266) or former dating partner; and 5 ‘‘(ii) any other person similarly situated to 6 a spouse who is protected by the domestic or 7 family violence laws of the State, local, or tribal 8 jurisdiction in which the injury occurred or 9 where the victim resides.’’; and 10 (3) in paragraph (33)(A)— 11 (A) in clause (i), by inserting after ‘‘Fed- 12 eral, State,’’ the following: ‘‘municipal,’’; and 13 (B) in clause (ii)— 14 (i) by striking ‘‘or the threatened’’ 15 and inserting ‘‘the threatened’’; 16 (ii) by inserting ‘‘or stalking’’ after 17 ‘‘deadly weapon’’; and 18 (iii) by inserting ‘‘dating partner (as 19 defined in section 2266),’’ after ‘‘spouse,’’ 20 each place it appears. 21 SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUB- 22 JECT TO COURT ORDER. 23 Section 922(d)(8) of title 18, United States Code, is 24 amended to read as follows: 25 VerDate Sep 11 2014 23:28 May 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1923.IH H1923 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1923 IH ‘‘(8) is subject to a covered domestic violence 1 court order; or’’. 2 SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR 3 SIMILAR ORDER PROHIBITED FROM POS- 4 SESSING OR RECEIVING A FIREARM EX- 5 PANDED. 6 Section 922(g)(8) of title 18, United States Code, is 7 amended to read as follows: 8 ‘‘(8) who is subject to a covered domestic vio- 9 lence court order; or’’. 10 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 11 The NICS Improvement Amendments Act of 2007 12 (34 U.S.C. 40902 et seq.) is amended— 13 (1) in section 3(1) (34 U.S.C. 40903(1)), by 14 striking ‘‘court order (as described in section 15 922(g)(8)’’ and inserting ‘‘covered domestic violence 16 court order (as defined in section 921(a)’’; and 17 (2) in section 102(b)(1)(C)(v) (34 U.S.C. 18 40912(b)(1)(C)(v)), by striking ‘‘court order de- 19 scribed in section 922(g)(8)’’ and inserting ‘‘covered 20 domestic violence court order, as defined in section 21 921(a)’’. 22 Æ VerDate Sep 11 2014 23:28 May 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1923.IH H1923 pamtmann on DSKBC07HB2PROD with BILLS