Text: H.R.1177 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (03/14/2013)


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.