H. R. 511 IN THE HOUSE OF REPRESENTATIVES

Transcription

1 I TH CONGRESS ST SESSION H. R. To amend title, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY, 0 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. CÁRDENAS, 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. GARCÍA of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes. VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt E:\BILLS\H.IH H

2 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, 8 0 SECTION. SHORT TITLE. This Act may be cited as the Protecting Domestic Violence and Stalking Victims Act. SEC.. DEFINITIONS OF INTIMATE PARTNER AND MIS- DEMEANOR CRIME OF DOMESTIC VIOLENCE EXPANDED. Section (a) of title, United States Code, is () in paragraph () (A) by striking and an individual and inserting an individual ; and (B) by inserting, or a dating partner (as defined in section ) before the period at the end; and () in paragraph ()(A) (A) by striking Except as provided in subparagraph (C), the and inserting The ; (B) in clause (i), by inserting municipal, after State, ; and (C) in clause (ii) (i) by striking or by and inserting by ; and HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H

3 (ii) by inserting, or by a dating partner (as defined in section ) of the victim before the period at the end. 8 0 SEC.. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER TO WHOM A FIREARM IS PROHIBITED FROM BEING SOLD OR DISPOSED. Section (d)(8) of title, United States Code, is () in the matter preceding subparagraph (A), by striking that ; () by striking subparagraphs (A) and (B) and inserting the following: (A)(i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the person s right to due process; HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H

4 (B) that restrains such person from (i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bod- ily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at 8 the request of an institution of higher edu- cation on behalf of its student; or (ii) intimidating or dissuading a wit- ness from testifying in court; and ; and () in subparagraph (C) (A) by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) ; (B) in clause (i), by inserting that be- fore includes ; and (C) in clause (ii), by inserting that be- fore by its. 0 SEC.. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER PROHIB- ITED FROM POSSESSING OR RECEIVING A FIREARM. Section (g)(8) of title, United States Code, is HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H

5 () in the matter preceding subparagraph (A), by striking that ; () by striking subparagraphs (A) and (B) and inserting the following: (A)(i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to par- 8 ticipate; or (ii) in the case of an ex parte order, relat- ing to which notice and opportunity to be heard are provided (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the person s right to due process; (B) that restrains such person from (i) harassing, stalking, threatening, or engaging in other conduct that would 0 put an individual in reasonable fear of bod- ily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher edu- cation on behalf of its student; or HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H

6 (ii) intimidating or dissuading a wit- ness from testifying in court; and ; and () in subparagraph (C) (A) by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) ; (B) in clause (i), by inserting that be- 8 fore includes ; and (C) in clause (ii), by inserting that be- fore by its. 0 SEC.. STALKING PROHIBITIONS. (a) SALES OR OTHER DISPOSITIONS OF FIREARMS OR AMMUNITION. Section (d) of title, United States Code, as amended by section of this Act, is () by striking or at the end of paragraph (8); () by striking the period at the end of paragraph () and inserting ; or ; and () by inserting after paragraph () the following: () has been convicted in any court of (A) a misdemeanor crime of stalking under Federal, State, municipal, territorial, or tribal law; or HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H

7 8 0 (B) a crime that involves conduct which would be prohibited by section A if committed within the special maritime and territorial jurisdiction of the United States.. (b) POSSESSION, ETC., OF FIREARMS OR AMMUNI- TION. Section (g) of such title, as amended by section of this Act, is () by striking or at the end of paragraph (8); () by striking the comma at the end of paragraph () and inserting ; or ; and () by inserting after paragraph () the following: () has been convicted in any court of (A) a misdemeanor crime of stalking under Federal, State, municipal, territorial, or tribal law; or (B) a crime that involves conduct which would be prohibited by section A if committed within the special maritime and territorial jurisdiction of the United States,. Æ HR IH VerDate Sep 0 0: Jan, 0 Jkt 0800 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.IH H