Protecting Domestic Violence and Stalking Victims Act of 2021
Bill: H.R.1906 | Sponsor: Rep. Brown, Anthony G. (D-MD)
Policy area: Crime and Law Enforcement

Summary:
Protecting Domestic Violence and Stalking Victims Act of 2021
This bill extends federal firearms-related restrictions to individuals who are convicted of misdemeanor stalking offenses. The bill also broadens the scope of domestic violence offenses and court orders that trigger federal firearms-related restrictions.

To amend title 18, United States Code to prohibit persons convicted of 
   misdemeanor crimes against dating partners and persons subject to 
  protection orders from possessing firearms, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Domestic Violence and 
Stalking Victims Act of 2021''.

SEC. 2. PROHIBITING PERSONS CONVICTED OF MISDEMEANOR CRIMES AGAINST 
              DATING PARTNERS AND PERSONS SUBJECT TO PROTECTION ORDERS.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (32), by striking all that follows after 
        ``The term `intimate partner''' and inserting the following: 
        ``--
                    ``(A) means, with respect to a person, the spouse 
                of the person, a former spouse of the person, an 
                individual who is a parent of a child of the person, 
                and an individual who cohabitates or has cohabited with 
                the person; and
                    ``(B) includes--
                            ``(i) a dating partner or former dating 
                        partner (as defined in section 2266); and
                            ``(ii) any other person similarly situated 
                        to a spouse who is protected by the domestic or 
                        family violence laws of the State or Tribal 
                        jurisdiction in which the injury occurred or 
                        where the victim resides.'';
            (2) in paragraph (33)(A)--
                    (A) in clause (i), by inserting after ``Federal, 
                State,'' the following: ``municipal,''; and
                    (B) in clause (ii), by inserting ``intimate 
                partner,'' after ``spouse,'' each place it appears;
            (3) by redesignating paragraphs (34) and (35) as paragraphs 
        (35) and (36) respectively; and
            (4) by inserting after paragraph (33) the following:
    ``(34)(A) The term `misdemeanor crime of stalking' means an offense 
that--
            ``(i) is a misdemeanor crime of stalking under Federal, 
        State, Tribal, or municipal law; and
            ``(ii) is a course of harassment, intimidation, or 
        surveillance of another person that--
                    ``(I) places that person in reasonable fear of 
                material harm to the health or safety of--
                            ``(aa) that person;
                            ``(bb) an immediate family member (as 
                        defined in section 115) of that person;
                            ``(cc) a household member of that person; 
                        or
                            ``(dd) a spouse or intimate partner 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.''.

SEC. 3. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT TO COURT ORDER 
              FROM POSSESSING A FIREARM.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``that restrains 
                such person'' and all that follows, and inserting 
                ``described in subsection (g)(8);'';
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has been convicted in any court of a misdemeanor 
        crime of stalking.''; and
            (2) in subsection (g)--
                    (A) by amending paragraph (8) to read as follows:
            ``(8) who is subject to a court order--
                    ``(A) that was issued--
                            ``(i) 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, 
                        relative 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 due 
                                process rights of the person;
                    ``(B) that restrains such person from--
                            ``(i) harassing, stalking, or threatening 
                        an intimate partner of such person or child of 
                        such intimate partner or person, or engaging in 
                        other conduct that would place an intimate 
                        partner in reasonable fear of bodily injury to 
                        the partner or child; or
                            ``(ii) intimidating or dissuading a witness 
                        from testifying in court; and
                    ``(C) that--
                            ``(i) includes a finding that such person 
                        represents a credible threat to the physical 
                        safety of such individual described in 
                        subparagraph (B); or
                            ``(ii) by its terms explicitly prohibits 
                        the use, attempted use, or threatened use of 
                        physical force against such individual 
                        described in subparagraph (B) that would 
                        reasonably be expected to cause bodily 
                        injury;'';
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has been convicted in any court of a misdemeanor 
        crime of stalking,''.
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