Section 1 Short title
This Act may be cited as the “Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023”.
Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023
A BILL
To amend title 18, United States Code, to define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes.
Sec. 2 Addressing intimate partner violence
Inclusion of current and former dating partners in definition of “intimate partner”— 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 before the period at the end the following: “, an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including an individual who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides”;
by striking paragraph (37)(A) and inserting the following:
“(37)
“(A) The term dating relationship means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature.”
in paragraph (37)(C), by striking “dating relationship” and inserting “continuing serious relationship”.
New prohibitor for misdemeanor crimes of stalking— Chapter 44 of title 18, United States Code, is amended—
in section 921(a), by adding at the end the following:
“(38)
“(A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking means an offense that—
“(i) is a misdemeanor under Federal, State, Tribal, or local law; and
“(ii) has, as an element, a course of harassment, intimidation, or surveillance that—
“(I) places a person in reasonable fear of actual harm to the health or safety of—
“(aa) that person;
“(bb) an immediate family member (as defined in section 115) of that person;
“(cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person;
“(dd) an intimate partner of that person; or
“(ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or
“(II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I).
“(B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
“(i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
“(ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either—
“(I) the case was tried by a jury; or
“(II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
“(C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”
in section 922—
in subsection (d)—
by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively;
by inserting after paragraph (9) the following:
“(10) has been convicted in any court of a misdemeanor crime of stalking;”
in paragraph (12), as so redesignated, by striking “(10)” and inserting “(11)”; and
in subsection (g)—
in paragraph (8), by striking “or” at the end;
in paragraph (9), by striking the comma at the end and inserting “; or”; and
by inserting after paragraph (9) the following:
“(10) has been convicted in any court of a misdemeanor crime of stalking,”