Sec. 801. Prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders
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/bill/116/hr/1585/rh/section-801A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 921(a) of title 18, United States Code, is amended— in paragraph (32), by striking all that follows after The term and inserting the following: intimate partner — 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 includes— a dating partner or former dating partner (as defined in section 2266); and 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. ; in paragraph (33)(A)— in clause (i), by inserting after Federal, State, the following: municipal, ; and in clause (ii), by inserting intimate partner, after spouse, each place it appears; by redesignating paragraphs
(34)and
(35)as paragraphs
(35)and
(36)respectively; and by inserting after paragraph
(33)the following: the term misdemeanor crime of stalking means an offense that— is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and is a course of harassment, intimidation, or surveillance of another person that— places that person in reasonable fear of material harm to the health or safety of— that person; an immediate family member (as defined in section 115) of that person; a household member of that person; or a spouse or intimate partner of that person; or 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). A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and 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— the case was tried by a jury; or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. 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. .