Zero Tolerance for Domestic Abusers Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 569 To protect victims of stalking from gun violence. IN THE HOUSE OF REPRESENTATIVES JANUARY 15, 2019 Mrs. DINGELL (for herself, Mr. FITZPATRICK, Mr. TAKANO, Mr. TONKO, Mr. VARGAS, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mr. WELCH, Mr. SWALWELL of California, Mr. DESAULNIER, Miss GONZA´LEZ-COLO´N of Puerto Rico, Ms. WILSON of Florida, Ms. ADAMS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BLUMENAUER, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. BROWNLEY of California, Mr. CARBAJAL, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CLEAVER, Mr. COHEN, Mr. COOPER, Mr. CORREA, Mr. COURTNEY, Mr. CRIST, Mr. CUMMINGS, Mrs. DAVIS of California, Mr. DEFAZIO, Ms. DELAURO, Ms. DELBENE, Mrs. DEMINGS, Mr. DEUTCH, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. ESHOO, Mr. ESPAILLAT, Mr. FOSTER, Ms. FRANKEL, Mr. GOMEZ, Mr. GRIJALVA, Mr. HASTINGS, Mr. HIGGINS of New York, Ms. NORTON, Ms. JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAPTUR, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KHANNA, Mr. KING of New York, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LAMB, Mr. LANGEVIN, Mr. LEWIS, Mr. TED LIEU of California, Mr. LIPINSKI, Ms. LOFGREN, Mr. LOWENTHAL, Mrs. LOWEY, Mr. LUJA´N, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Mr. MAST, Ms. MAT- SUI, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Ms. MOORE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. O’HALLERAN, Mr. PALLONE, Mr. PANETTA, Mr. PAS- CRELL, Mr. PERLMUTTER, Mr. PETERS, Ms. PINGREE, Mr. POCAN, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Ms. ROYBAL-ALLARD, Mr. RUIZ, Mr. RUSH, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SCHRADER, Mr. SERRANO, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPEIER, and Mr. SUOZZI) introduced the following bill; which was referred to the Committee on the Judiciary VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H569.IH H569 kjohnson on DSK79L0C42 with BILLS 2 •HR 569 IH 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 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 (1) by striking paragraph (32) and inserting 10 the following: 11 ‘‘(32) The term ‘intimate partner’— 12 ‘‘(A) means with respect to a person, the spouse 13 of the person, a former spouse of the person, an in- 14 dividual who is a parent of a child of the person, and 15 an individual who cohabitates or has cohabited with 16 the person; and 17 ‘‘(B) includes— 18 ‘‘(i) a dating partner (as defined in section 19 2266); and 20 ‘‘(ii) any other person similarly situated to 21 a spouse.’’; 22 (2) in paragraph (33)(A)— 23 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H569.IH H569 kjohnson on DSK79L0C42 with BILLS 3 •HR 569 IH (A) in the matter preceding clause (i), by 1 striking ‘‘Except as provided in subparagraph 2 (C), the term’’ and inserting ‘‘The term’’; 3 (B) in clause (i), by inserting ‘‘municipal,’’ 4 after ‘‘State,’’; and 5 (C) in clause (ii)— 6 (i) by inserting ‘‘dating partner (as 7 defined in section 2266),’’ after ‘‘former 8 spouse,’’; and 9 (ii) by inserting ‘‘dating partner (as 10 defined in section 2266),’’ after ‘‘a 11 spouse,’’ each place it appears; 12 (3) by redesignating paragraphs (34) and (35) 13 as paragraphs (35) and (36), respectively; and 14 (4) by inserting after paragraph (33) the fol- 15 lowing: 16 ‘‘(34)(A) The term ‘misdemeanor crime of stalking’ 17 means an offense that is a stalking misdemeanor under 18 Federal, State, municipal, or Tribal law. 19 ‘‘(B)(i) A person shall not be considered to have been 20 convicted of such an offense for purposes of this chapter, 21 unless— 22 ‘‘(I) the person was represented by counsel in 23 the case, or knowingly and intelligently waived the 24 right to counsel in the case; and 25 VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H569.IH H569 kjohnson on DSK79L0C42 with BILLS 4 •HR 569 IH ‘‘(II) in the case of a prosecution for an offense 1 described in this paragraph for which a person was 2 entitled to a jury trial in the jurisdiction in which 3 the case was tried, either 4 ‘‘(aa) the case was tried by a jury, or 5 ‘‘(bb) the person knowingly and intel- 6 ligently waived the right to have the case tried 7 by a jury, by guilty plea or otherwise. 8 ‘‘(ii) A person shall not be considered to have been 9 convicted of such an offense for purposes of this chapter 10 if the conviction has been expunged or set aside, or is an 11 offense for which the person has been pardoned or has 12 had civil rights restored (if the law of the applicable juris- 13 diction provides for the loss of civil rights under such an 14 offense) unless the pardon, expungement, or restoration 15 of civil rights expressly provides that the person may not 16 ship, transport, possess, or receive firearms.’’. 17 (b) ADDITION OF STALKING.—Section 922 of title 18 18, United States Code, is amended— 19 (1) in subsection (d)— 20 (A) in paragraph (8)(B)(ii), by striking 21 ‘‘or’’ 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 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H569.IH H569 kjohnson on DSK79L0C42 with BILLS 5 •HR 569 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) has been convicted in any court of a mis- 12 demeanor crime of stalking,’’. 13 Æ VerDate Sep 11 2014 03:26 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H569.IH H569 kjohnson on DSK79L0C42 with BILLS