Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023

Bill: 118-s-321
Sponsor: full_name: Sen. Klobuchar, Amy [D-MN]
Introduced: 2023-02-09
Policy area: Crime and Law Enforcement
Latest action: action_date: 2023-02-09
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-02-09
action_desc: Introduced in Senate
text: <p><b>Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023</b></p> <p>This bill extends federal firearms-related restrictions to individuals who are convicted of a misdemeanor crime of stalking. </p> <p>The term<i>&nbsp;misdemeanor crime of stalking</i>&nbsp;means an offense that is a misdemeanor under federal, state, tribal, or local law and has a course of harassment, intimidation, or surveillance that (1) causes emotional distress, or (2) places a person in reasonable fear of harm to themselves, an immediate family member, an individual who shares or has shared a residence, an intimate partner, or a pet. The term<i> intimate partner</i> includes an individual who is or was in a dating relationship with the person or any other individual similarly situated to a spouse. </p> <p>Additionally, the bill extends federal firearms-related restrictions to individuals who are subject to a court order restraining them from harassing, stalking, or threatening an individual who is in a current or former dating relationship with them or who is similarly situated to a spouse. Currently, federal firearms-related restrictions generally only apply to individuals who are subject to a court order restraining them from harassing, stalking, or threatening a co-parent of a child, a current or former spouse, or a current or former cohabitant.</p>

tv_txt: II 118th CONGRESS 1st Session S. 321 IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Klobuchar (for herself, Mrs. Feinstein , and Ms. Hirono ) 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 define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes.

1. Short title This Act may be cited as the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023 . 2. Addressing intimate partner violence (a) Inclusion of current and former dating partners in definition of intimate partner 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 before the period at the end the following: , an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including an individual who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides ; (2) by striking paragraph (37)(A) and inserting the following: (37) (A) The term dating relationship means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature. ; and (3) in paragraph (37)(C), by striking dating relationship and inserting continuing serious relationship . (b) New prohibitor for misdemeanor crimes of stalking Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (38) (A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has, as an element, a course of harassment, intimidation, or surveillance that— (I) places a person in reasonable fear of actual harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; (dd) an intimate partner of that person; or (ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) 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. ; and (2) in section 922— (A) in subsection (d)— (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking; ; and (iii) in paragraph (12), as so redesignated, by striking (10) and inserting (11) ; and (B) in subsection (g)— (i) in paragraph (8), by striking or at the end; (ii) in paragraph (9), by striking the comma at the end and inserting ; or ; and (iii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking, .