Protecting Domestic Violence and Stalking Victims Act of 2019

II 116TH CONGRESS 1ST SESSION S. 120 To protect victims of stalking from gun violence. IN THE SENATE OF THE UNITED STATES JANUARY 15, 2019 Ms. KLOBUCHAR (for herself, Ms. HIRONO, Mrs. FEINSTEIN, Ms. HARRIS, Mr. CASEY, Mr. BLUMENTHAL, Mr. DURBIN, Mr. WYDEN, Mr. REED, Mr. WHITEHOUSE, Mrs. GILLIBRAND, Mr. VAN HOLLEN, Mr. MARKEY, Mr. UDALL, Mr. MURPHY, Mr. TESTER, Mr. MERKLEY, Mr. COONS, Ms. SMITH, Mr. CARPER, Ms. WARREN, Mr. BOOKER, Ms. STABENOW, Mr. JONES, Mr. BENNET, Mr. PETERS, Mrs. SHAHEEN, Mr. BROWN, Mr. SANDERS, Mr. MENENDEZ, and Mr. CARDIN) introduced the following bill; which was read twice and 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 ‘‘Protecting Domestic 4 Violence and Stalking Victims Act of 2019’’. 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 VerDate Sep 11 2014 00:22 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S120.IS S120 pbinns on DSK79D2C42PROD with BILLS 2 •S 120 IS (1) by striking paragraph (32) and inserting 1 the following: 2 ‘‘(32) The term ‘intimate partner’— 3 ‘‘(A) means with respect to a person, the spouse 4 of the person, a former spouse of the person, an in- 5 dividual who is a parent of a child of the person, and 6 an individual who cohabitates or has cohabited with 7 the person; and 8 ‘‘(B) includes— 9 ‘‘(i) a dating partner (as defined in section 10 2266); and 11 ‘‘(ii) any other person similarly situated to 12 a spouse.’’; 13 (2) in paragraph (33)(A)— 14 (A) in the matter preceding clause (i), by 15 striking ‘‘Except as provided in subparagraph 16 (C), the term’’ and inserting ‘‘The term’’; 17 (B) in clause (i), by inserting ‘‘municipal,’’ 18 after ‘‘State,’’; and 19 (C) in clause (ii)— 20 (i) by inserting ‘‘dating partner (as 21 defined in section 2266),’’ after ‘‘former 22 spouse,’’; and 23 VerDate Sep 11 2014 00:22 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S120.IS S120 pbinns on DSK79D2C42PROD with BILLS 3 •S 120 IS (ii) by inserting ‘‘dating partner (as 1 defined in section 2266),’’ after ‘‘a 2 spouse,’’ each place it appears; 3 (3) by redesignating paragraphs (34) and (35) 4 as paragraphs (35) and (36), respectively; and 5 (4) by inserting after paragraph (33) the fol- 6 lowing: 7 ‘‘(34)(A) The term ‘misdemeanor crime of stalking’ 8 means an offense that is a stalking misdemeanor under 9 Federal, State, municipal, or Tribal law. 10 ‘‘(B)(i) A person shall not be considered to have been 11 convicted of such an offense for purposes of this chapter, 12 unless— 13 ‘‘(I) the person was represented by counsel in 14 the case, or knowingly and intelligently waived the 15 right to counsel in the case; and 16 ‘‘(II) in the case of a prosecution for an offense 17 described in this paragraph for which a person was 18 entitled to a jury trial in the jurisdiction in which 19 the case was tried, either— 20 ‘‘(aa) the case was tried by a jury, or 21 ‘‘(bb) the person knowingly and intel- 22 ligently waived the right to have the case tried 23 by a jury, by guilty plea or otherwise. 24 VerDate Sep 11 2014 00:22 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S120.IS S120 pbinns on DSK79D2C42PROD with BILLS 4 •S 120 IS ‘‘(ii) A person shall not be considered to have been 1 convicted of such an offense for purposes of this chapter 2 if the conviction has been expunged or set aside, or is an 3 offense for which the person has been pardoned or has 4 had civil rights restored (if the law of the applicable juris- 5 diction provides for the loss of civil rights under such an 6 offense) unless the pardon, expungement, or restoration 7 of civil rights expressly provides that the person may not 8 ship, transport, possess, or receive firearms.’’. 9 (b) ADDITION OF STALKING.—Section 922 of title 10 18, United States Code, is amended— 11 (1) in subsection (d)— 12 (A) in paragraph (8)(ii), by striking ‘‘or’’ 13 at the end; 14 (B) in paragraph (9), by striking the pe- 15 riod at the end and inserting ‘‘; or’’; and 16 (C) by inserting after paragraph (9) the 17 following: 18 ‘‘(10) has been convicted in any court of a mis- 19 demeanor crime of stalking.’’; and 20 (2) in subsection (g)— 21 (A) in paragraph (8)(C)(ii), by striking 22 ‘‘or’’ at the end; 23 (B) in paragraph (9), by striking the 24 comma at the end and inserting ‘‘; or’’; and 25 VerDate Sep 11 2014 00:22 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S120.IS S120 pbinns on DSK79D2C42PROD with BILLS 5 •S 120 IS (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,’’. 4 Æ VerDate Sep 11 2014 00:22 Jan 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S120.IS S120 pbinns on DSK79D2C42PROD with BILLS