Text: H.R.1177 — 113th Congress (2013-2014)

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Introduced in House (03/14/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing 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.
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