Protecting Domestic Violence and Stalking Victims Act

Bill: 114-hr-2216
Sponsor: full_name: Rep. Capps, Lois [D-CA-24]
Introduced: 2015-05-01
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Domestic violence and child abuse

Evidence and witnesses

Firearms and explosives
Latest action: action_date: 2015-06-01
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2015-05-01
action_desc: Introduced in House
text: <p><strong>Protecting Domestic Violence and Stalking Victims Act</strong></p> <p> Amends federal firearms provisions to expand the definition of: (1) &quot;intimate partner&quot; to include a dating partner or former dating partner; and (2) &quot;misdemeanor crime of domestic violence&quot; to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim.</p> <p>Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an 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, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 2216 IN THE HOUSE OF REPRESENTATIVES May 1, 2015 Mrs. Capps (for herself, Mr. Brendan F. Boyle of Pennsylvania , Mr. Cicilline , Ms. Clark of Massachusetts , Ms. Esty , Mr. Farr , Mr. Grijalva , Mr. Hastings , Mr. Himes , Ms. Kelly of Illinois , Mr. Larsen of Washington , Mr. Ted Lieu of California , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Ms. Moore , Mrs. Napolitano , Ms. Schakowsky , Ms. Slaughter , and Mr. Takano ) 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 Protecting Domestic Violence and Stalking Victims Act . 2. Definitions of intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual and inserting an individual ; and (B) by inserting , or a dating partner (as defined in section 2266) or former dating partner before the period at the end; and (2) in paragraph (33)(A)(ii)— (A) by striking or by and inserting by ; and (B) by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period at the end. 3. Unlawful sale of firearm to a person subject to court order Section 922(d)(8) of title 18, United States Code, is amended to read as follows: (8) is subject to a court order described in subsection (g)(8); or . 4. 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) in the matter preceding subparagraph (A), by striking that ; (2) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) that was issued 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, relating 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 person’s right to due process; (B) that restrains such person from— (i) 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 that 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 (ii) intimidating or dissuading a witness from testifying in court; and ; and (3) in subparagraph (C)— (A) by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) ; (B) in clause (i), by inserting that before includes ; and (C) in clause (ii), by inserting that before by its . 5. Stalking prohibitions (a) Sales or other dispositions of firearms or ammunition Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of— (A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or (B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States. . (b) Possession, etc., of firearms or ammunition Section 922(g) of such title, as amended by section 4 of this Act, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of— (A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or (B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States, .