II 

116TH CONGRESS 

1ST SESSION S. 120 

To protect victims of stalking from gun violence. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2019 

Ms. KLOBUCHAR (for herself, Ms. HIRONO, Mrs. FEINSTEIN, Ms. HARRIS, 

Mr. CASEY, Mr. BLUMENTHAL, Mr. DURBIN, Mr. WYDEN, Mr. REED, 

Mr. WHITEHOUSE, Mrs. GILLIBRAND, Mr. VAN HOLLEN, Mr. MARKEY, 

Mr. UDALL, Mr. MURPHY, Mr. TESTER, Mr. MERKLEY, Mr. COONS, Ms. 

SMITH, Mr. CARPER, Ms. WARREN, Mr. BOOKER, Ms. STABENOW, Mr. 

JONES, Mr. BENNET, Mr. PETERS, Mrs. SHAHEEN, Mr. BROWN, Mr. 

SANDERS, Mr. MENENDEZ, and Mr. CARDIN) 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 2019’’. 

6 SEC. 2. ADDITION OF DATING PARTNERS AND INDIVIDUALS 

7 SUBJECT TO RESTRAINING ORDERS. 

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

9 States Code, is amended— 


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

2 the following: 

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

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

5 of the person, a former spouse of the person, an in6 dividual who is a parent of a child of the person, and 

7 an individual who cohabitates or has cohabited with 

8 the person; and 

9 ‘‘(B) includes— 

10 ‘‘(i) a dating partner (as defined in section 

11 2266); and 

12 ‘‘(ii) any other person similarly situated to 

13 a spouse.’’; 

14 (2) in paragraph (33)(A)— 

15 (A) in the matter preceding clause (i), by 

16 striking ‘‘Except as provided in subparagraph 

17 (C), the term’’ and inserting ‘‘The term’’; 

18 (B) in clause (i), by inserting ‘‘municipal,’’ 

19 after ‘‘State,’’; and 

20 (C) in clause (ii)— 

21 (i) by inserting ‘‘dating partner (as 

22 defined in section 2266),’’ after ‘‘former 

23 spouse,’’; and 


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1 (ii) by inserting ‘‘dating partner (as 

2 defined in section 2266),’’ after ‘‘a 

3 spouse,’’ each place it appears; 

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

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

6 (4) by inserting after paragraph (33) the fol7 lowing: 

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

9 means an offense that is a stalking misdemeanor under 

10 Federal, State, municipal, or Tribal law. 

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

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

13 unless— 

14 ‘‘(I) the person was represented by counsel in 

15 the case, or knowingly and intelligently waived the 

16 right to counsel in the case; and 

17 ‘‘(II) in the case of a prosecution for an offense 

18 described in this paragraph for which a person was 

19 entitled to a jury trial in the jurisdiction in which 

20 the case was tried, either— 

21 ‘‘(aa) the case was tried by a jury, or 

22 ‘‘(bb) the person knowingly and intel23 ligently waived the right to have the case tried 

24 by a jury, by guilty plea or otherwise. 


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

2 convicted of such an offense for purposes of this chapter 

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

4 offense for which the person has been pardoned or has 

5 had civil rights restored (if the law of the applicable juris6 diction provides for the loss of civil rights under such an 

7 offense) unless the pardon, expungement, or restoration 

8 of civil rights expressly provides that the person may not 

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

10 (b) ADDITION OF STALKING.—Section 922 of title 

11 18, United States Code, is amended— 

12 (1) in subsection (d)— 

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

14 at the end; 

15 (B) in paragraph (9), by striking the pe16 riod at the end and inserting ‘‘; or’’; and 

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

18 following: 

19 ‘‘(10) has been convicted in any court of a mis20 demeanor crime of stalking.’’; and 

21 (2) in subsection (g)— 

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

23 ‘‘or’’ at the end; 

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

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


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

2 following: 

3 ‘‘(10) has been convicted in any court of a mis4 demeanor crime of stalking,’’. 

Æ 


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