Domestic Violence Survivor Protection Act

Bill: 113-hr-1177
Sponsor: full_name: Rep. Capps, Lois [D-CA-24]
Introduced: 2013-03-14
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Crime prevention

Crimes against women

Domestic violence and child abuse

Evidence and witnesses

Firearms and explosives
Latest action: action_date: 2013-04-15
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.

Summaries:
action_date: 2013-03-14
action_desc: Introduced in House
text: <p>Domestic Violence Survivor Protection Act - Amends the Brady Handgun Violence Prevention Act to modify the definition of: (1) &quot;intimate partner&quot; to include a dating partner or former dating partner of a person (replacing language including an individual who cohabitates or has cohabitated with the person); and (2) &quot;misdemeanor crime of domestic violence&quot; to include an offense that has, as an element, the use of physical force or a deadly weapon by a dating partner or former dating partner.</p> <p>Extends the prohibition against the shipment, transport, possession, or receipt of a firearm or ammunition in interstate or foreign commerce to: (1) a person who is subject to a court order issued after a hearing (eliminating the requirements that the person received actual notice of and had an opportunity to participate in the hearing) with respect to a court order restraining the person from harassing, stalking, threatening, or placing in reasonable fear of bodily injury an intimate partner, a child of such intimate partner or person, a family member even if such member had never cohabited with such person, an individual who cohabitates or has cohabitated with the person, or an elderly or dependent adult; (2) a person restrained by a court order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; and (3) a court order that restrains such a person from intimidating or dissuading a witness from testifying in court.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 1177 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. Short title This Act may be cited as the Domestic Violence Survivor Protection Act . 2. Definitions of intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) title 18, United States Code, is amended— (1) in paragraph (32), by striking and an individual who cohabitates or has cohabited with the person. and inserting or a dating partner (as defined in section 2266) or former dating partner. ; and (2) in paragraph (33)— (A) by striking or after has cohabited with the victim as a spouse, parent, or guardian, ; and (B) by inserting, , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period. 3. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) of title 18, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and amending them to read as follows: (A) (i) in the case of conduct described in subparagraph (B)(i), was issued after a hearing; or (ii) in the case of conduct described in clause (ii) or (iii) of subparagraph (B), was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from— (i) harassing, stalking, or threatening an intimate partner of such person, a child of such intimate partner or person, a family member even if the family member had never cohabited with such person, an individual who cohabitates or cohabited with the person, or an elderly or dependent adult, or engaging in other conduct that would place an individual described in this clause in reasonable fear of bodily injury to such individual, or in the case of an intimate partner, reasonable fear or bodily injury to the partner or child; (ii) harassing, stalking, threatening or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order which was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (iii) intimidating or dissuading a witness from testifying in court; and ; and (2) in subparagraph (C), by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) . 4. Effective date The amendments made by this Act shall apply— (1) to a court order issued on or after the date of the enactment of this Act and to a court order in effect as of the date of enactment of this Act; and (2) to a misdemeanor crime of domestic violence committed on or after the date of the enactment of this Act.