I 

113TH CONGRESS 

1ST SESSION H. R. 1177 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2013 

Mrs. CAPPS introduced the following bill; which was referred to the Committee 

on the Judiciary 

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. 

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 ‘‘Domestic Violence Sur5 vivor Protection Act’’. 


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1 SEC. 2. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND ‘‘MIS2 DEMEANOR CRIME OF DOMESTIC VIOLENCE’’ 

3 EXPANDED. 

4 Section 921(a) title 18, United States Code, is 

5 amended— 

6 (1) in paragraph (32), by striking ‘‘and an indi7 vidual who cohabitates or has cohabited with the 

8 person.’’ and inserting ‘‘or a dating partner (as de9 fined in section 2266) or former dating partner.’’; 

10 and 

11 (2) in paragraph (33)— 

12 (A) by striking ‘‘or’’ after ‘‘has cohabited 

13 with the victim as a spouse, parent, or guard14 ian,’’; and 

15 (B) by inserting, ‘‘, or by a dating partner 

16 (as defined in section 2266) or former dating 

17 partner of the victim’’ before the period. 

18 SEC. 3. LIST OF PERSONS SUBJECT TO A RESTRAINING OR 

19 SIMILAR ORDER PROHIBITED FROM POS20 SESSING OR RECEIVING A FIREARM EX21 PANDED. 

22 Section 922(g)(8) of title 18, United States Code, is 

23 amended— 

24 (1) by striking subparagraphs (A) and (B) and 

25 amending them to read as follows: 


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1 ‘‘(A)(i) in the case of conduct described in 

2 subparagraph (B)(i), was issued after a hear3 ing; or 

4 ‘‘(ii) in the case of conduct described in 

5 clause (ii) or (iii) of subparagraph (B), was 

6 issued after a hearing of which such person re7 ceived actual notice, and at which such person 

8 had an opportunity to participate; 

9 ‘‘(B) restrains such person from— 

10 ‘‘(i) harassing, stalking, or threat11 ening an intimate partner of such person, 

12 a child of such intimate partner or person, 

13 a family member even if the family mem14 ber had never cohabited with such person, 

15 an individual who cohabitates or cohabited 

16 with the person, or an elderly or dependent 

17 adult, or engaging in other conduct that 

18 would place an individual described in this 

19 clause in reasonable fear of bodily injury to 

20 such individual, or in the case of an inti21 mate partner, reasonable fear or bodily in22 jury to the partner or child; 

23 ‘‘(ii) harassing, stalking, threatening 

24 or engaging in other conduct that would 

25 put an individual in reasonable fear of bodVerDate Mar 14 2013 05:24 Mar 21, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1177.IH H1177

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1 ily injury to such individual, including an 

2 order which was issued at the request of 

3 an employer on behalf of its employee or at 

4 the request of an institution of higher edu5 cation on behalf of its student; or 

6 ‘‘(iii) intimidating or dissuading a wit7 ness from testifying in court; and’’; and 

8 (2) in subparagraph (C), by striking ‘‘intimate 

9 partner or child’’ each place it appears and inserting 

10 ‘‘individual described in subparagraph (B)’’. 

11 SEC. 4. EFFECTIVE DATE. 

12 The amendments made by this Act shall apply— 

13 (1) to a court order issued on or after the date 

14 of the enactment of this Act and to a court order 

15 in effect as of the date of enactment of this Act; and 

16 (2) to a misdemeanor crime of domestic vio17 lence committed on or after the date of the enact18 ment of this Act. 

Æ 


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