Title: Protecting Domestic Violence and Stalking Victims Act of 2021
Policy area: Crime and Law Enforcement

Summary:
Protecting Domestic Violence and Stalking Victims Act of 2021
This bill establishes new federal firearms restrictions for individuals who are convicted of misdemeanor stalking offenses.
The bill expands the categories of persons who are prohibited from receiving, possessing, shipping, or transporting a firearm or ammunition. Specifically, it adds a new category of prohibited persons: persons convicted of a misdemeanor crime of stalking.
The term misdemeanor crime of stalking means a misdemeanor stalking offense under federal, state, tribal, or municipal law and a course of harassment, intimidation, or surveillance of another person that (1) places such person in reasonable fear of harm to themselves, an immediate family member, a household member, or a spouse or intimate partner (including a current or former dating partner); or (2) causes emotional distress to such person.
The bill also specifically prohibits dating partners who are convicted of a misdemeanor crime of domestic violence or who are subject to certain restraining orders from receiving, possessing, shipping, or transporting a firearm or ammunition. Currently, such restrictions generally only apply to spouses, co-parents, and cohabitants.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 527 Introduced in Senate (IS)]

<DOC>






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.

    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. ADDITION OF DATING PARTNERS AND INDIVIDUALS SUBJECT TO 
              RESTRAINING ORDERS.

    (a) Definition.--Section 921(a) of title 18, United States Code, is 
amended--
            (1) by striking paragraph (32) and inserting the following:
    ``(32) The term `intimate partner'--
            ``(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 ``municipal,'' 
                after ``State,''; and
                    (B) in clause (ii), by inserting ``dating partner 
                (as defined in section 2266),'' 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 is--
            ``(i) a misdemeanor crime of stalking under Federal, State, 
        municipal, or Tribal law; and
            ``(ii) 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 FROM POSSESSING A FIREARM.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8)(ii), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of a misdemeanor 
        crime of stalking.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8)(C)(ii), by striking ``or'' at 
                the end;
                    (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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