Domestic Violence Survivor Protection Act - Amends the Brady Handgun Violence Prevention Act to modify the definition of: (1) "intimate partner" to include a dating partner or former dating partner of a person (replacing language including an individual who cohabitates or has cohabitated with the person); and (2) "misdemeanor crime of domestic violence" to include an offense that has, as an element, the use of physical force or a deadly weapon by a dating partner or former dating partner.
Extends the prohibition against the shipment, transport, possession, or receipt of a firearm or ammunition in interstate or foreign commerce to: (1) a person who is subject to a court order issued after a hearing (eliminating the requirements that the person received actual notice of and had an opportunity to participate in the hearing) with respect to a court order restraining the person from harassing, stalking, threatening, or placing in reasonable fear of bodily injury an intimate partner, a child of such intimate partner or person, a family member even if such member had never cohabited with such person, an individual who cohabitates or has cohabitated with the person, or an elderly or dependent adult; (2) a person restrained by a court order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; and (3) a court order that restrains such a person from intimidating or dissuading a witness from testifying in court.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1177 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1177
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2013
Mrs. Capps introduced the following bill; which was 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Survivor
Protection Act''.
SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) title 18, United States Code, is amended--
(1) in paragraph (32), by striking ``and an individual who
cohabitates or has cohabited with the person.'' and inserting
``or a dating partner (as defined in section 2266) or former
dating partner.''; and
(2) in paragraph (33)--
(A) by striking ``or'' after ``has cohabited with
the victim as a spouse, parent, or guardian,''; and
(B) by inserting, ``, or by a dating partner (as
defined in section 2266) or former dating partner of
the victim'' before the period.
SEC. 3. 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--
(1) by striking subparagraphs (A) and (B) and amending them
to read as follows:
``(A)(i) in the case of conduct described in
subparagraph (B)(i), was issued after a hearing; or
``(ii) in the case of conduct described in clause
(ii) or (iii) of subparagraph (B), was issued after a
hearing of which such person received actual notice,
and at which such person had an opportunity to
participate;
``(B) restrains such person from--
``(i) harassing, stalking, or threatening
an intimate partner of such person, a child of
such intimate partner or person, a family
member even if the family member had never
cohabited with such person, an individual who
cohabitates or cohabited with the person, or an
elderly or dependent adult, or engaging in
other conduct that would place an individual
described in this clause in reasonable fear of
bodily injury to such individual, or in the
case of an intimate partner, reasonable fear or
bodily injury to the partner or child;
``(ii) harassing, stalking, threatening or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order which
was issued at the request of an employer on
behalf of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(iii) intimidating or dissuading a
witness from testifying in court; and''; and
(2) in subparagraph (C), by striking ``intimate partner or
child'' each place it appears and inserting ``individual
described in subparagraph (B)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply--
(1) to a court order issued on or after the date of the
enactment of this Act and to a court order in effect as of the
date of enactment of this Act; and
(2) to a misdemeanor crime of domestic violence committed
on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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