Sec. 3. Title 18 amendments
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/bill/117/hr/4139/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) of title 18, United States Code, is amended— by inserting before paragraph
(32)the following: The term covered domestic violence court order means a court order, with respect to a person— that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or in the case of an ex parte order, relative to which notice and opportunity to be heard are provided— within the time required by State, Tribal, or territorial law; and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person; that restrains the person from— harassing, stalking, or threatening an intimate partner of the person or child of the 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 intimidating or dissuading a witness from testifying in court; and that— includes a finding that the person represents a credible threat to the physical safety of an individual described in subparagraph (B); or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against an individual described in subparagraph
(B)that would reasonably be expected to cause bodily injury. ; 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 (as defined in section 2266) or former dating partner; and any other individual 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 in paragraph (33)(A)— in clause (i), by inserting after Federal, State, the following: municipal, ; and in clause (ii)— by striking or the threatened and inserting the threatened ; by inserting or stalking, after deadly weapon, ; and by inserting dating partner (as defined in section 2266), after spouse, each place it appears. Section 922(d)(8) of title 18, United States Code, is amended to read as follows: is subject to a covered domestic violence court order; or . Section 922(g)(8) of title 18, United States Code, is amended to read as follows: who is subject to a covered domestic violence court order; or . The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq. ) is amended— 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 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) .
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