Lori Jackson Domestic Violence Survivor Protection Act

Bill: 117-s-763
Sponsor: full_name: Sen. Blumenthal, Richard [D-CT]
Introduced: 2021-03-16
Policy area: Crime and Law Enforcement
Subjects: Assault and harassment offenses

Child safety and welfare

Crimes against children

Criminal procedure and sentencing

Domestic violence and child abuse

Evidence and witnesses

Family relationships

Firearms and explosives

Retail and wholesale trades
Latest action: action_date: 2021-03-16
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-03-16
action_desc: Introduced in Senate
text: <p><strong>Lori Jackson Domestic Violence Survivor Protection Act</strong></p> <p>This bill makes changes to the federal statutory framework that prohibits the shipment, transport, receipt, or possession of firearms or ammunition by an individual who is subject to a qualifying domestic violence court order.</p> <p>Under current law, a qualifying domestic violence court order must meet certain criteria, including to (1) be issued after a hearing of which the individual had notice and an opportunity to participate; and (2) restrain the individual from harassing, stalking, or threatening an intimate partner (i.e., a current or former spouse, a co-parent of a child, or a current or former cohabitant) or the child of an intimate partner. </p> <p>This bill expands the scope of qualifying domestic violence court orders to include an order that</p> <ul> <li>is issued after an ex parte hearing (i.e., a hearing with only one party present); </li> <li>restrains the individual from harassing, stalking, or threatening a dating partner or former dating partner; or </li> <li>restrains the individual from intimidating a witness.</li> </ul> <p>Current law also prohibits an individual who is convicted of a misdemeanor crime of domestic violence from shipping, transporting, receiving, or possessing firearms or ammunition. These restrictions generally only apply to spouses, co-parents, and cohabitants, and to offenses that involve physical force or deadly weapons. This bill expands the scope of these restrictions to include dating partners and offenses that involve stalking.</p> <p><br> </p>

tv_txt: II 117th CONGRESS 1st Session S. 763 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Blumenthal (for himself, Mr. Murphy , Mr. Durbin , Mrs. Feinstein , Ms. Hassan , Mr. Van Hollen , Mr. Markey , Ms. Smith , Mrs. Shaheen , Mr. Whitehouse , Ms. Klobuchar , Ms. Duckworth , Mr. Sanders , Mr. Wyden , Ms. Baldwin , Mr. Menendez , Mr. Casey , Mr. Coons , Mrs. Murray , Ms. Warren , Mr. Booker , Ms. Hirono , and Mrs. Gillibrand ) introduced the following bill; which was read twice and 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 Lori Jackson Domestic Violence Survivor Protection 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) by inserting before paragraph (32) the following: (31) The term covered domestic violence court order means 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. ; (2) 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 (as defined in section 2266) or former dating partner; and (ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State, local, or tribal jurisdiction in which the injury occurred or where the victim resides. ; and (3) in paragraph (33)(A)— (A) in clause (i), by inserting after Federal, State, the following: municipal, ; and (B) in clause (ii)— (i) by striking or the threatened and inserting the threatened ; (ii) by inserting or stalking after deadly weapon ; and (iii) by inserting dating partner (as defined in section 2266), after spouse, each place it appears. 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 covered domestic violence court order; 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 to read as follows: (8) who is subject to a covered domestic violence court order; or . 5. Technical and conforming amendments The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq.) is amended— (1) in section 3(1) ( 34 U.S.C. 40903(1) ), by striking court order (as described in section 922(g)(8) and inserting covered domestic violence court order (as defined in section 921(a) ; and (2) in section 102(b)(1)(C)(v) ( 34 U.S.C. 40912(b)(1)(C)(v) ), by striking court order described in section 922(g)(8) and inserting covered domestic violence court order, as defined in section 921(a) .