II 

117TH CONGRESS 

1ST SESSION S. 527 

To protect victims of stalking from gun violence. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2 (legislative day, MARCH 1), 2021 

Ms. KLOBUCHAR (for herself, Mrs. FEINSTEIN, Ms. HIRONO, Mr. DURBIN, 

Mr. LEAHY, Mr. WHITEHOUSE, Mr. COONS, Mr. BLUMENTHAL, Mr. 

BOOKER, Mr. PADILLA, Ms. BALDWIN, Mr. BENNET, Mr. BROWN, Mr. 

CARDIN, Mr. CARPER, Mr. CASEY, Ms. DUCKWORTH, Mrs. GILLIBRAND, 

Ms. HASSAN, Mr. HEINRICH, Mr. KAINE, Mr. KING, Mr. MARKEY, Mr. 

MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mr. PETERS, Mr. REED, Ms. 

ROSEN, Mr. SANDERS, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. 

TESTER, Mr. VAN HOLLEN, Mr. WARNER, Ms. WARREN, and Mr. 

WYDEN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To protect victims of stalking from gun violence. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Domestic 

5 Violence and Stalking Victims Act of 2021’’. 


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•S 527 IS

1 SEC. 2. ADDITION OF DATING PARTNERS AND INDIVIDUALS 

2 SUBJECT TO RESTRAINING ORDERS. 

3 (a) DEFINITION.—Section 921(a) of title 18, United 

4 States Code, is amended— 

5 (1) by striking paragraph (32) and inserting 

6 the following: 

7 ‘‘(32) The term ‘intimate partner’— 

8 ‘‘(A) means with respect to a person, the spouse 

9 of the person, a former spouse of the person, an in10 dividual who is a parent of a child of the person, and 

11 an individual who cohabitates or has cohabited with 

12 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 juris19 diction in which the injury occurred or where 

20 the victim resides.’’; 

21 (2) in paragraph (33)(A)— 

22 (A) in clause (i), by inserting ‘‘municipal,’’ 

23 after ‘‘State,’’; and 

24 (B) in clause (ii), by inserting ‘‘dating 

25 partner (as defined in section 2266),’’ after 

26 ‘‘spouse,’’ each place it appears; 


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•S 527 IS

1 (3) by redesignating paragraphs (34) and (35) 

2 as paragraphs (35) and (36), respectively; and 

3 (4) by inserting after paragraph (33) the fol4 lowing: 

5 ‘‘(34)(A) The term ‘misdemeanor crime of stalking’ 

6 means an offense that is— 

7 ‘‘(i) a misdemeanor crime of stalking under 

8 Federal, State, municipal, or Tribal law; and 

9 ‘‘(ii) a course of harassment, intimidation or 

10 surveillance of another person that— 

11 ‘‘(I) places that person in reasonable fear 

12 of material harm to the health or safety of— 

13 ‘‘(aa) that person; 

14 ‘‘(bb) an immediate family member 

15 (as defined in section 115) of that person; 

16 ‘‘(cc) a household member of that per17 son; or 

18 ‘‘(dd) a spouse or intimate partner of 

19 that person; or 

20 ‘‘(II) causes, attempts to cause, or would 

21 reasonably be expected to cause emotional dis22 tress to a person described in item (aa), (bb), 

23 (cc), or (dd) of subclause (I). 


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•S 527 IS

1 ‘‘(B) A person shall not be considered to have been 

2 convicted of such an offense for purposes of this chapter, 

3 unless— 

4 ‘‘(i) the person was represented by counsel in 

5 the case, or knowingly and intelligently waived the 

6 right to counsel in the case; and 

7 ‘‘(ii) in the case of a prosecution for an offense 

8 described in this paragraph for which a person was 

9 entitled to a jury trial in the jurisdiction in which 

10 the case was tried, either 

11 ‘‘(I) the case was tried by a jury, or 

12 ‘‘(II) the person knowingly and intel13 ligently waived the right to have the case tried 

14 by a jury, by guilty plea or otherwise. 

15 ‘‘(C) A person shall not be considered to have been 

16 convicted of such an offense for purposes of this chapter 

17 if the conviction has been expunged or set aside, or is an 

18 offense for which the person has been pardoned or has 

19 had civil rights restored (if the law of the applicable juris20 diction provides for the loss of civil rights under such an 

21 offense) unless the pardon, expungement, or restoration 

22 of civil rights expressly provides that the person may not 

23 ship, transport, possess, or receive firearms.’’. 


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•S 527 IS

1 SEC. 3. PROHIBITING STALKERS FROM POSSESSING A 

2 FIREARM. 

3 Section 922 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (d)— 

6 (A) in paragraph (8)(ii), by striking ‘‘or’’ 

7 at the end; 

8 (B) in paragraph (9), by striking the pe9 riod at the end and inserting ‘‘; or’’; and 

10 (C) by inserting after paragraph (9) the 

11 following: 

12 ‘‘(10) has been convicted in any court of a mis13 demeanor crime of stalking.’’; and 

14 (2) in subsection (g)— 

15 (A) in paragraph (8)(C)(ii), by striking 

16 ‘‘or’’ at the end; 

17 (B) in paragraph (9), by striking the 

18 comma at the end and inserting ‘‘; or’’; and 

19 (C) by inserting after paragraph (9) the 

20 following: 

21 ‘‘(10) who has been convicted in any court of 

22 a misdemeanor crime of stalking,’’. 

Æ 


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