Sec. 301. Protecting victims of domestic violence
801 words·~4 min read·
/bill/118/s/3407/is/section-301A 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— by striking paragraph
(32)and inserting the following: The term 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; an individual who cohabitates or has cohabited with the person; a dating partner or former dating partner (as defined in section 2266) of the person; and any other individual similarly situated to a spouse of the person, 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 where the victim resides. ; in paragraph (33)— in subparagraph (A)— in the matter preceding clause (i), by striking Except as provided in subparagraphs
(B)and (C), the term and inserting The term ; and in clause (ii)— by inserting dating partner (as defined in section 2266), after spouse, each place the term appears; by inserting or after guardian ; and by striking , or by a person who has a current or recent former dating relationship with the victim ; and by striking subparagraph (C); and by striking paragraph
(37)and inserting 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. . Section 922 of title 18, United States Code, is amended— in subsection (d)— in paragraph (8)— in the matter preceding subparagraph (A), by striking that restrains such person and all that follows and inserting described in subsection (g)(8); ; and by striking subparagraphs
(A)and (B); and in paragraph (9), by inserting before the semicolon at the end the following: or a misdemeanor crime of stalking ; and in subsection (g)— by amending paragraph
(8)to read as follows: who is subject to a court order— that was issued— after a hearing of which such person received actual notice, and at which such 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 such person from— 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 intimidating or dissuading a witness from testifying in court; and that— includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or 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; or ; and in paragraph (9), by inserting before the comma at the end the following: or a misdemeanor crime of stalking .