Lori Jackson Domestic Violence Survivor Protection Act

I 116TH CONGRESS 2D SESSION H. R. 7930 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 AUGUST 4, 2020 Mr. HIMES (for himself, Miss RICE of New York, and Ms. NORTON) intro- duced the following bill; which was referred to the Committee on the Ju- diciary 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 00:39 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7930.IH H7930 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7930 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) in paragraph (32), by striking all that fol- 6 lows after ‘‘The term ‘intimate partner’ ’’ and insert- 7 ing the following: ‘‘— 8 ‘‘(A) means, with respect to a person, the 9 spouse of the person, a former spouse of the person, 10 an individual who is a parent of a child of the per- 11 son, and an individual who cohabitates or has 12 cohabited with the person; and 13 ‘‘(B) includes— 14 ‘‘(i) a dating partner or former dating 15 partner (as defined in section 2266); and 16 ‘‘(ii) any other person similarly situated to 17 a spouse who is protected by the domestic or 18 family violence laws of the State or tribal juris- 19 diction in which the injury occurred or where 20 the victim resides.’’; and 21 (2) in paragraph (33)(A)— 22 (A) in clause (i), by inserting after ‘‘Fed- 23 eral, State,’’ the following: ‘‘municipal,’’; and 24 VerDate Sep 11 2014 00:34 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7930.IH H7930 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7930 IH (B) in clause (ii), by inserting ‘‘dating 1 partner (as defined in section 2266),’’ after 2 ‘‘spouse,’’ each place it appears. 3 SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUB- 4 JECT TO COURT ORDER. 5 Section 922(d)(8) of title 18, United States Code, is 6 amended to read as follows: 7 ‘‘(8) is subject to a court order described in 8 subsection (g)(8); or’’. 9 SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR 10 SIMILAR ORDER PROHIBITED FROM POS- 11 SESSING OR RECEIVING A FIREARM EX- 12 PANDED. 13 Section 922(g)(8) of title 18, United States Code, is 14 amended to read as follows: 15 ‘‘(8) who is subject to a court order— 16 ‘‘(A) that was issued— 17 ‘‘(i) after a hearing of which such per- 18 son received actual notice, and at which 19 such person had an opportunity to partici- 20 pate; or 21 ‘‘(ii) in the case of an ex parte order, 22 relative to which notice and opportunity to 23 be heard are provided— 24 VerDate Sep 11 2014 00:39 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7930.IH H7930 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7930 IH ‘‘(I) within the time required by 1 State, tribal, or territorial law; and 2 ‘‘(II) in any event within a rea- 3 sonable time after the order is issued, 4 sufficient to protect the due process 5 rights of the person; 6 ‘‘(B) that restrains such person from— 7 ‘‘(i) harassing, stalking, or threat- 8 ening an intimate partner of such person 9 or child of such intimate partner or person, 10 or engaging in other conduct that would 11 place an intimate partner in reasonable 12 fear of bodily injury to the partner or 13 child; or 14 ‘‘(ii) intimidating or dissuading a wit- 15 ness from testifying in court; and 16 ‘‘(C) that— 17 ‘‘(i) includes a finding that such per- 18 son represents a credible threat to the 19 physical safety of such individual described 20 in subparagraph (B); or 21 ‘‘(ii) by its terms explicitly prohibits 22 the use, attempted use, or threatened use 23 of physical force against such individual 24 described in subparagraph (B) that would 25 VerDate Sep 11 2014 00:34 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7930.IH H7930 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7930 IH reasonably be expected to cause bodily in- 1 jury; or’’. 2 Æ VerDate Sep 11 2014 00:39 Aug 22, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7930.IH H7930 kjohnson on DSK79L0C42PROD with BILLS