Pet and Women Safety Act of 2017

Pet and Women Safety Act of 2017

This bill amends the federal criminal code to broaden the definition of stalking to include conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet.

Additionally, an interstate violation of a protection order includes interstate travel with the intent to violate a protection order against a pet that is included within the scope of the protection order. The bill specifies the applicable criminal penalty—a prison term of up to five years, a fine, or both—for a person who commits an interstate violation of a protection order against a pet.

With respect to a defendant who commits a domestic violence offense or an interstate violation of a protection order, mandatory restitution in the "full amount of victim's losses" includes costs incurred for veterinary services related to the pet.

The bill directs the Department of Agriculture to award grants for shelter and housing assistance and support services for domestic violence victims with pets.

Finally, it expresses the sense of Congress that states should include, in domestic violence protection orders, protections against violence or threats against a person's pet.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 909 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 909

To protect victims of domestic violence, sexual assault, stalking, and 
dating violence from emotional and psychological trauma caused by acts 
         of violence or threats of violence against their pets.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2017

Ms. Clark of Massachusetts (for herself, Ms. Ros-Lehtinen, Mr. Denham, 
Mrs. Mimi Walters of California, Mr. Nolan, Mr. Cohen, Mr. Nadler, Mr. 
Larsen of Washington, Mr. Cardenas, Ms. Roybal-Allard, Mr. Keating, Ms. 
     Jackson Lee, Mr. Foster, Ms. Wasserman Schultz, Mr. Smith of 
    Washington, Mrs. Lawrence, Ms. Speier, Mrs. Watson Coleman, Ms. 
  Slaughter, Mr. Cartwright, Ms. Sinema, Ms. DelBene, Mr. Lynch, Ms. 
 McCollum, Mr. Engel, Mr. Connolly, Mrs. Napolitano, Mr. Delaney, Mr. 
Gene Green of Texas, Mr. Yoder, Mr. Conyers, Mr. Crowley, Ms. DeLauro, 
   Ms. Tsongas, Ms. Titus, Mr. Schiff, Ms. Norton, Ms. Eddie Bernice 
 Johnson of Texas, Mr. Peters, Mr. Tonko, Mr. Meehan, Mr. Veasey, Mr. 
Swalwell of California, Mr. Moulton, Mr. Cummings, Mr. Michael F. Doyle 
of Pennsylvania, Ms. Pingree, Mr. Blumenauer, Mr. Sean Patrick Maloney 
  of New York, Mr. Langevin, Ms. Jenkins of Kansas, Mr. Yarmuth, Mr. 
   Lewis of Georgia, Mr. Buchanan, Ms. Brownley of California, Mrs. 
Carolyn B. Maloney of New York, Mr. Kilmer, Mr. Norcross, Ms. Wilson of 
  Florida, Mr. Deutch, Mr. Ruppersberger, Mr. Zeldin, Mr. Johnson of 
Georgia, Mr. McGovern, Mr. Gutierrez, Mr. Barletta, Mrs. Comstock, Ms. 
  Kaptur, Mr. Rodney Davis of Illinois, Ms. Sanchez, Miss Rice of New 
 York, Ms. Kelly of Illinois, Mr. Pocan, Ms. Michelle Lujan Grisham of 
 New Mexico, Mr. Diaz-Balart, Mr. Dent, Ms. Shea-Porter, Mr. O'Rourke, 
 Mr. Khanna, Mr. Faso, Mr. Walz, Mr. Polis, Mr. Grijalva, Mr. Kildee, 
  Mr. Schrader, Mrs. Davis of California, Ms. Lee, Mr. Cicilline, Mr. 
 Ellison, Mr. Ryan of Ohio, Ms. Bonamici, Ms. Judy Chu of California, 
   Mr. Brendan F. Boyle of Pennsylvania, Mr. Curbelo of Florida, Mr. 
Jones, Mr. Coffman, Mr. Loebsack, Mr. Costa, Mr. Capuano, Ms. Jayapal, 
   Mr. Garamendi, Ms. Lofgren, Mr. Kennedy, Mr. Payne, Ms. Castor of 
Florida, Mr. DeFazio, Mr. King of New York, Mr. Sires, Mr. Ted Lieu of 
California, Mr. Gonzalez of Texas, Mr. Quigley, Mr. Meeks, Mr. Calvert, 
Mr. Poliquin, Ms. Esty, Mr. Welch, Mr. McNerney, Mr. Takano, Mr. Brady 
of Pennsylvania, Mr. Sarbanes, Mr. Lipinski, Mr. Scott of Virginia, Mr. 
    Soto, Mrs. Bustos, Mrs. Dingell, Ms. Stefanik, Mrs. Wagner, Mr. 
    Pallone, Mr. Clay, Mr. Costello of Pennsylvania, Mr. Perry, Mr. 
   Stivers, Ms. Bordallo, Mr. Aguilar, Ms. Velazquez, Ms. Moore, Mr. 
 McCaul, Mr. Higgins of New York, Mr. Serrano, Mr. Hastings, Mr. Heck, 
   Mr. Rush, Mr. Gallego, Mr. Carbajal, Mr. Smith of New Jersey, Ms. 
     Schakowsky, Ms. Kuster of New Hampshire, Mr. Perlmutter, Mr. 
 Fitzpatrick, Mr. LoBiondo, Mr. Marino, Mr. Joyce of Ohio, Mr. Sablan, 
Ms. Frankel of Florida, Ms. Hanabusa, Mr. Richmond, Mr. Price of North 
   Carolina, Mr. Thompson of California, Mr. Beyer, Mrs. Torres, Mr. 
    Gaetz, Mr. Chabot, Ms. McSally, Mr. Sherman, Mr. Lowenthal, Mr. 
   Donovan, Ms. DeGette, Mr. Courtney, Mr. Cleaver, Mr. Raskin, Mr. 
Jeffries, Ms. Matsui, Mrs. Lowey, Mr. O'Halleran, Ms. Meng, Mr. Bishop 
   of Michigan, Ms. Bass, Mr. Katko, Mr. Neal, Mr. Paulsen, and Mr. 
   Huffman) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To protect victims of domestic violence, sexual assault, stalking, and 
dating violence from emotional and psychological trauma caused by acts 
         of violence or threats of violence against their pets.

    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 ``Pet and Women Safety Act of 2017''.

SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND 
              STALKING.

    (a) Interstate Stalking.--Section 2261A of title 18, United States 
Code, is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (ii), by striking ``or'' at the end; 
                and
                    (B) by inserting after clause (iii) the following:
                            ``(iv) the pet of that person; or''; and
            (2) in paragraph (2)(A)--
                    (A) by inserting after ``to a person'' the 
                following: ``or a pet''; and
                    (B) by striking ``or (iii)'' and inserting ``(iii), 
                or (iv)''.
    (b) Interstate Violation of Protection Order.--Section 2262 of 
title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting after ``another 
                person'' the following: ``or the pet of that person''; 
                and
                    (B) in paragraph (2), by inserting after 
                ``proximity to, another person'' the following ``or the 
                pet of that person''; and
            (2) in subsection (b)(5), by inserting after ``in any other 
        case,'' the following: ``including any case in which the 
        offense is committed against a pet,''.
    (c) Restitution To Include Veterinary Services.--Section 2264 of 
title 18, United States Code, is amended in subsection (b)(3)--
            (1) by redesignating subparagraph (F) as subparagraph (G);
            (2) in subparagraph (E), by striking ``and'' at the end; 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) veterinary services relating to physical care 
                for the victim's pet; and''.
    (d) Pet Defined.--Section 2266 of title 18, United States Code, is 
amended by inserting after paragraph (10) the following:
            ``(11) Pet.--The term `pet' means a domesticated animal, 
        such as a dog, cat, bird, rodent, fish, turtle, horse, or other 
        animal that is kept for pleasure rather than for commercial 
        purposes.''.

SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE 
              GRANT PROGRAM.

    (a) In General.--The Secretary of Agriculture (hereinafter in this 
section referred to as the ``Secretary''), acting in consultation with 
the Office of the Violence Against Women of the Department of Justice, 
the Secretary of Housing and Urban Development, and the Secretary of 
Health and Human Services, shall award grants under this section to 
eligible entities to carry out programs to provide the assistance 
described in subsection (c) with respect to victims of domestic 
violence, dating violence, sexual assault, or stalking and the pets of 
such victims.
    (b) Application.--
            (1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require, including--
                    (A) a description of the activities for which a 
                grant under this section is sought;
                    (B) such assurances as the Secretary determines to 
                be necessary to ensure compliance by the entity with 
                the requirements of this section; and
                    (C) a certification that the entity, before 
                engaging with any individual domestic violence victim, 
                will disclose to the victim any mandatory duty of the 
                entity to report instances of abuse and neglect 
                (including instances of abuse and neglect of pets).
            (2) Additional requirements.--In addition to the 
        requirements of paragraph (1), each application submitted by an 
        eligible entity under that paragraph shall--
                    (A) not include proposals for any activities that 
                may compromise the safety of a domestic violence 
                victim, including--
                            (i) background checks of domestic violence 
                        victims; or
                            (ii) clinical evaluations to determine the 
                        eligibility of such a victim for support 
                        services;
                    (B) not include proposals that would require 
                mandatory services for victims or that a victim obtain 
                a protective order in order to receive proposed 
                services; and
                    (C) reflect the eligible entity's understanding of 
                the dynamics of domestic violence, dating violence, 
                sexual assault, or stalking.
            (3) Rules of construction.--Nothing in this subsection 
        shall be construed to require--
                    (A) domestic violence victims to participate in the 
                criminal justice system in order to receive services; 
                or
                    (B) eligible entities receiving a grant under this 
                section to breach client confidentiality.
    (c) Use of Funds.--Grants awarded under this section may only be 
used for programs that provide--
            (1) emergency and transitional shelter and housing 
        assistance for domestic violence victims with pets, including 
        assistance with respect to any construction or operating 
        expenses of newly developed or existing emergency and 
        transitional pet shelter and housing (regardless of whether 
        such shelter and housing is co-located at a victim service 
        provider or within the community);
            (2) short-term shelter and housing assistance for domestic 
        violence victims with pets, including assistance with respect 
        to expenses incurred for the temporary shelter, housing, 
        boarding, or fostering of the pets of domestic violence victims 
        and other expenses that are incidental to securing the safety 
        of such a pet during the sheltering, housing, or relocation of 
        such victims;
            (3) support services designed to enable a domestic violence 
        victim who is fleeing a situation of domestic violence, dating 
        violence, sexual assault, or stalking to--
                    (A) locate and secure--
                            (i) safe housing with the victim's pet; or
                            (ii) safe accommodations for the victim's 
                        pet; or
                    (B) provide the victim with pet-related services, 
                such as pet transportation, pet care services, and 
                other assistance; or
            (4) for the training of relevant stakeholders on--
                    (A) the link between domestic violence, dating 
                violence, sexual assault, or stalking and the abuse and 
                neglect of pets;
                    (B) the needs of domestic violence victims;
                    (C) best practices for providing support services 
                to such victims;
                    (D) best practices for providing such victims with 
                referrals to victims' services; and
                    (E) the importance of confidentiality.
    (d) Grant Conditions.--An eligible entity that receives a grant 
under this section shall, as a condition of such receipt, agree--
            (1) to be bound by the nondisclosure of confidential 
        information requirements of section 40002(b)(2) of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and
            (2) that the entity shall not condition the receipt of 
        support, housing, or other benefits provided pursuant to this 
        section on the participation of domestic violence victims in 
        any or all of the support services offered to such victims 
        through a program carried out by the entity using grant funds.
    (e) Duration of Assistance Provided to Victims.--
            (1) In general.--Subject to paragraph (2), assistance 
        provided with respect to a pet of a domestic violence victim 
        using grant funds awarded under this section shall be provided 
        for a period of not more than 24 months.
            (2) Extension.--An eligible entity that receives a grant 
        under this section may extend the 24-month period referred to 
        in paragraph (1) for a period of not more than 6 months in the 
        case of a domestic violence victim who--
                    (A) has made a good faith effort to acquire 
                permanent housing for the victim's pet during that 24-
                month period; and
                    (B) has been unable to acquire such permanent 
                housing within that period.
    (f) Report to the Secretary.--Not later than 1 year after the date 
on which an eligible entity receives a grant under this section and 
each year thereafter, the entity shall submit to the Secretary a report 
that contains, with respect to assistance provided by the entity to 
domestic violence victims with pets using grant funds received under 
this section, information on--
            (1) the number of domestic violence victims with pets 
        provided such assistance; and
            (2) the purpose, amount, type of, and duration of such 
        assistance.
    (g) Report to Congress.--
            (1) Reporting requirement.--Not later than November 1 of 
        each even-numbered fiscal year, the Secretary shall submit to 
        the Committee on Agriculture of the House of Representatives 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate a report that contains a compilation of the 
        information contained in the reports submitted under subsection 
        (f).
            (2) Availability of report.--The Secretary shall transmit a 
        copy of the report submitted under paragraph (1) to--
                    (A) the Office on Violence Against Women of the 
                Department of Justice;
                    (B) the Office of Community Planning and 
                Development of the Department of Housing and Urban 
                Development; and
                    (C) the Administration for Children and Families of 
                the Department of Health and Human Services.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $3,000,000 for each of fiscal years 2017 
        through 2021.
            (2) Limitation.--Of the amount made available under 
        paragraph (1) in any fiscal year, not more than 5 percent may 
        be used for evaluation, monitoring, salaries, and 
        administrative expenses.
    (i) Definitions.--In this section:
            (1) Domestic violence victim defined.--The term ``domestic 
        violence victim'' means a victim of domestic violence, dating 
        violence, sexual assault, or stalking.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a unit of local government;
                    (C) an Indian tribe; or
                    (D) any other organization that has a documented 
                history of effective work concerning domestic violence, 
                dating violence, sexual assault, or stalking (as 
                determined by the Secretary), including--
                            (i) a domestic violence and sexual assault 
                        victim service provider;
                            (ii) a domestic violence and sexual assault 
                        coalition;
                            (iii) a community-based and culturally 
                        specific organization;
                            (iv) any other nonprofit, nongovernmental 
                        organization; and
                            (v) any organization that works directly 
                        with pets and collaborates with any 
                        organization referred to in clauses (i) through 
                        (iv), including--
                                    (I) an animal shelter; and
                                    (II) an animal welfare 
                                organization.
            (3) Pet.--The term ``pet'' means a domesticated animal, 
        such as a dog, cat, bird, rodent, fish, turtle, horse, or other 
        animal that is kept for pleasure rather than for commercial 
        purposes.
            (4) Other terms.--Except as otherwise provided in this 
        subsection, terms used in this section shall have the meaning 
        given such terms in section 40002(a) of the Violence Against 
        Women Act of 1994 (42 U.S.C. 13925(a)).

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that States should encourage the 
inclusion of protections against violent or threatening acts against 
the pet of a person in domestic violence protection orders.
                                 <all>