[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 120 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 120

           To protect victims of stalking from gun violence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2019

Ms. Klobuchar (for herself, Ms. Hirono, Mrs. Feinstein, Ms. Harris, Mr. 
Casey, Mr. Blumenthal, Mr. Durbin, Mr. Wyden, Mr. Reed, Mr. Whitehouse, 
Mrs. Gillibrand, Mr. Van Hollen, Mr. Markey, Mr. Udall, Mr. Murphy, Mr. 
Tester, Mr. Merkley, Mr. Coons, Ms. Smith, Mr. Carper, Ms. Warren, Mr. 
Booker, Ms. Stabenow, Mr. Jones, Mr. Bennet, Mr. Peters, Mrs. Shaheen, 
 Mr. Brown, Mr. Sanders, Mr. Menendez, and Mr. Cardin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
           To protect victims of stalking from gun violence.

    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 ``Protecting Domestic Violence and 
Stalking Victims Act of 2019''.

SEC. 2. ADDITION OF DATING PARTNERS AND INDIVIDUALS SUBJECT TO 
              RESTRAINING ORDERS.

    (a) Definition.--Section 921(a) of title 18, United States Code, is 
amended--
            (1) by striking paragraph (32) and inserting the following:
    ``(32) The term `intimate partner'--
            ``(A) 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, and an individual who 
        cohabitates or has cohabited with the person; and
            ``(B) includes--
                    ``(i) a dating partner (as defined in section 
                2266); and
                    ``(ii) any other person similarly situated to a 
                spouse.'';
            (2) in paragraph (33)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``Except as provided in subparagraph (C), the term'' 
                and inserting ``The term'';
                    (B) in clause (i), by inserting ``municipal,'' 
                after ``State,''; and
                    (C) in clause (ii)--
                            (i) by inserting ``dating partner (as 
                        defined in section 2266),'' after ``former 
                        spouse,''; and
                            (ii) by inserting ``dating partner (as 
                        defined in section 2266),'' after ``a spouse,'' 
                        each place it appears;
            (3) by redesignating paragraphs (34) and (35) as paragraphs 
        (35) and (36), respectively; and
            (4) by inserting after paragraph (33) the following:
    ``(34)(A) The term `misdemeanor crime of stalking' means an offense 
that is a stalking misdemeanor under Federal, State, municipal, or 
Tribal law.
    ``(B)(i) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter, unless--
            ``(I) the person was represented by counsel in the case, or 
        knowingly and intelligently waived the right to counsel in the 
        case; and
            ``(II) 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--
                    ``(aa) the case was tried by a jury, or
                    ``(bb) the person knowingly and intelligently 
                waived the right to have the case tried by a jury, by 
                guilty plea or otherwise.
    ``(ii) 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.''.
    (b) Addition of Stalking.--Section 922 of title 18, United States 
Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8)(ii), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of a misdemeanor 
        crime of stalking.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8)(C)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of a misdemeanor 
        crime of stalking,''.
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