Section 1 Short title
This Act may be cited as the “Protecting Domestic Violence and Stalking Victims Act”.
Protecting Domestic Violence and Stalking Victims Act
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 purposes.
Sec. 2 Definitions of intimate partner and misdemeanor crime of domestic violence expanded
Section 921(a) of title 18, United States Code, is amended—
in paragraph (32)—
by striking “and an individual” and inserting “an individual”; and
by inserting “, or a dating partner (as defined in section 2266)” before the period at the end; and
in paragraph (33)(A)—
by striking “Except as provided in subparagraph (C), the” and inserting “The”;
in clause (i), by inserting “municipal,” after “State,”; and
in clause (ii)—
by striking “or by” and inserting “by”; and
by inserting “, or by a dating partner (as defined in section 2266) of the victim” before the period at the end.
Sec. 3 Expansion of list of persons subject to a restraining or similar order to whom a firearm is prohibited from being sold or disposed
Section 922(d)(8) of title 18, United States Code, is amended—
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;
“(B) that restrains such person from—
“(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily 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 education on behalf of its student; or
“(ii) intimidating or dissuading a witness from testifying in court; and”
in subparagraph (C)—
by striking “intimate partner or child” each place it appears and inserting “individual described in subparagraph (B)”;
in clause (i), by inserting “that” before “includes”; and
in clause (ii), by inserting “that” before “by its”.
Sec. 4 Expansion of list of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm
Section 922(g)(8) of title 18, United States Code, is amended—
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;
“(B) that restrains such person from—
“(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily 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 education on behalf of its student; or
“(ii) intimidating or dissuading a witness from testifying in court; and”
in subparagraph (C)—
by striking “intimate partner or child” each place it appears and inserting “individual described in subparagraph (B)”;
in clause (i), by inserting “that” before “includes”; and
in clause (ii), by inserting “that” before “by its”.
Sec. 5 Stalking prohibitions
Sales or other dispositions of firearms or ammunition— Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended—
by striking “or” at the end of paragraph (8);
by striking the period at the end of paragraph (9) and inserting “; or”; and
by inserting after paragraph (9) the following:
“(10) 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 2261A if committed within the special maritime and territorial jurisdiction of the United States.”
Possession, etc., of firearms or ammunition— Section 922(g) of such title, as amended by section 4 of this Act, is amended—
by striking “or” at the end of paragraph (8);
by striking the comma at the end of paragraph (9) and inserting “; or”; and
by inserting after paragraph (9) the following:
“(10) 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 2261A if committed within the special maritime and territorial jurisdiction of the United States,”