Protecting Domestic Violence and Stalking Victims Act

I 116TH CONGRESS 1ST SESSION H. R. 511 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 JANUARY 11, 2019 Mr. BROWN of Maryland (for himself, Mr. BEYER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. BROWNLEY of California, Mr. CARBAJAL, Mr. CA´RDENAS, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. COHEN, Mr. CONNOLLY, Mrs. DAVIS of California, Mr. ESPAILLAT, Mr. FOSTER, Ms. HAALAND, Mrs. HAYES, Mr. KHANNA, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LAWSON of Florida, Ms. LOFGREN, Mr. LYNCH, Mr. SEAN PATRICK MALONEY of New York, Mrs. CAROLYN B. MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCNERNEY, Mr. MEEKS, Ms. MOORE, Mr. MORELLE, Mr. MOULTON, Mrs. NAPOLITANO, Ms. NOR- TON, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PETERS, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. SIRES, Mr. SUOZZI, Mr. SWALWELL of California, Ms. WASSERMAN SCHULTZ, Ms. WILSON of Florida, Mr. YARMUTH, Mr. HIMES, and Mr. GARCI´A of Illinois) 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. VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 511 IH 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 ‘‘Protecting Domestic 4 Violence and Stalking Victims Act’’. 5 SEC. 2. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND ‘‘MIS- 6 DEMEANOR CRIME OF DOMESTIC VIOLENCE’’ 7 EXPANDED. 8 Section 921(a) of title 18, United States Code, is 9 amended— 10 (1) in paragraph (32)— 11 (A) by striking ‘‘and an individual’’ and in- 12 serting ‘‘an individual’’; and 13 (B) by inserting ‘‘, or a dating partner (as 14 defined in section 2266)’’ before the period at 15 the end; and 16 (2) in paragraph (33)(A)— 17 (A) by striking ‘‘Except as provided in 18 subparagraph (C), the’’ and inserting ‘‘The’’; 19 (B) in clause (i), by inserting ‘‘municipal,’’ 20 after ‘‘State,’’; and 21 (C) in clause (ii)— 22 (i) by striking ‘‘or by’’ and inserting 23 ‘‘by’’; and 24 VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 511 IH (ii) by inserting ‘‘, or by a dating 1 partner (as defined in section 2266) of the 2 victim’’ before the period at the end. 3 SEC. 3. EXPANSION OF LIST OF PERSONS SUBJECT TO A 4 RESTRAINING OR SIMILAR ORDER TO WHOM 5 A FIREARM IS PROHIBITED FROM BEING 6 SOLD OR DISPOSED. 7 Section 922(d)(8) of title 18, United States Code, is 8 amended— 9 (1) in the matter preceding subparagraph (A), 10 by striking ‘‘that’’; 11 (2) by striking subparagraphs (A) and (B) and 12 inserting the following: 13 ‘‘(A)(i) that was issued after a hearing of 14 which such person received actual notice, and at 15 which such person had an opportunity to par- 16 ticipate; or 17 ‘‘(ii) in the case of an ex parte order, relat- 18 ing to which notice and opportunity to be heard 19 are provided— 20 ‘‘(I) within the time required by 21 State, tribal, or territorial law; and 22 ‘‘(II) in any event within a reasonable 23 time after the order is issued, sufficient to 24 protect the person’s right to due process; 25 VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 511 IH ‘‘(B) that restrains such person from— 1 ‘‘(i) harassing, stalking, threatening, 2 or engaging in other conduct that would 3 put an individual in reasonable fear of bod- 4 ily injury to such individual, including an 5 order that was issued at the request of an 6 employer on behalf of its employee or at 7 the request of an institution of higher edu- 8 cation on behalf of its student; or 9 ‘‘(ii) intimidating or dissuading a wit- 10 ness from testifying in court; and’’; and 11 (3) in subparagraph (C)— 12 (A) by striking ‘‘intimate partner or child’’ 13 each place it appears and inserting ‘‘individual 14 described in subparagraph (B)’’; 15 (B) in clause (i), by inserting ‘‘that’’ be- 16 fore ‘‘includes’’; and 17 (C) in clause (ii), by inserting ‘‘that’’ be- 18 fore ‘‘by its’’. 19 SEC. 4. EXPANSION OF LIST OF PERSONS SUBJECT TO A 20 RESTRAINING OR SIMILAR ORDER PROHIB- 21 ITED FROM POSSESSING OR RECEIVING A 22 FIREARM. 23 Section 922(g)(8) of title 18, United States Code, is 24 amended— 25 VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 511 IH (1) in the matter preceding subparagraph (A), 1 by striking ‘‘that’’; 2 (2) by striking subparagraphs (A) and (B) and 3 inserting the following: 4 ‘‘(A)(i) that was issued after a hearing of 5 which such person received actual notice, and at 6 which such person had an opportunity to par- 7 ticipate; or 8 ‘‘(ii) in the case of an ex parte order, relat- 9 ing to which notice and opportunity to be heard 10 are provided— 11 ‘‘(I) within the time required by 12 State, tribal, or territorial law; and 13 ‘‘(II) in any event within a reasonable 14 time after the order is issued, sufficient to 15 protect the person’s right to due process; 16 ‘‘(B) that restrains such person from— 17 ‘‘(i) harassing, stalking, threatening, 18 or engaging in other conduct that would 19 put an individual in reasonable fear of bod- 20 ily injury to such individual, including an 21 order that was issued at the request of an 22 employer on behalf of its employee or at 23 the request of an institution of higher edu- 24 cation on behalf of its student; or 25 VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 511 IH ‘‘(ii) intimidating or dissuading a wit- 1 ness from testifying in court; and’’; and 2 (3) in subparagraph (C)— 3 (A) by striking ‘‘intimate partner or child’’ 4 each place it appears and inserting ‘‘individual 5 described in subparagraph (B)’’; 6 (B) in clause (i), by inserting ‘‘that’’ be- 7 fore ‘‘includes’’; and 8 (C) in clause (ii), by inserting ‘‘that’’ be- 9 fore ‘‘by its’’. 10 SEC. 5. STALKING PROHIBITIONS. 11 (a) SALES OR OTHER DISPOSITIONS OF FIREARMS 12 OR AMMUNITION.—Section 922(d) of title 18, United 13 States Code, as amended by section 3 of this Act, is 14 amended— 15 (1) by striking ‘‘or’’ at the end of paragraph 16 (8); 17 (2) by striking the period at the end of para- 18 graph (9) and inserting ‘‘; or’’; and 19 (3) by inserting after paragraph (9) the fol- 20 lowing: 21 ‘‘(10) has been convicted in any court of— 22 ‘‘(A) a misdemeanor crime of stalking 23 under Federal, State, municipal, territorial, or 24 tribal law; or 25 VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 511 IH ‘‘(B) a crime that involves conduct which 1 would be prohibited by section 2261A if com- 2 mitted within the special maritime and terri- 3 torial jurisdiction of the United States.’’. 4 (b) POSSESSION, ETC., OF FIREARMS OR AMMUNI- 5 TION.—Section 922(g) of such title, as amended by section 6 4 of this Act, is amended— 7 (1) by striking ‘‘or’’ at the end of paragraph 8 (8); 9 (2) by striking the comma at the end of para- 10 graph (9) and inserting ‘‘; or’’; and 11 (3) by inserting after paragraph (9) the fol- 12 lowing: 13 ‘‘(10) has been convicted in any court of— 14 ‘‘(A) a misdemeanor crime of stalking 15 under Federal, State, municipal, territorial, or 16 tribal law; or 17 ‘‘(B) a crime that involves conduct which 18 would be prohibited by section 2261A if com- 19 mitted within the special maritime and terri- 20 torial jurisdiction of the United States,’’. 21 Æ VerDate Sep 11 2014 20:21 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H511.IH H511 pamtmann on DSKBFK8HB2PROD with BILLS