Bill Sponsor
Senate Bill 763
117th Congress(2021-2022)
Lori Jackson Domestic Violence Survivor Protection Act
Introduced
Introduced
Introduced in Senate on Mar 16, 2021
Overview
Text
Introduced in Senate 
Mar 16, 2021
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Introduced in Senate(Mar 16, 2021)
Mar 16, 2021
About Linkage
Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
S. 763 (Introduced-in-Senate)


117th CONGRESS
1st Session
S. 763


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 SENATE OF THE UNITED STATES

March 16, 2021

Mr. Blumenthal (for himself, Mr. Murphy, Mr. Durbin, Mrs. Feinstein, Ms. Hassan, Mr. Van Hollen, Mr. Markey, Ms. Smith, Mrs. Shaheen, Mr. Whitehouse, Ms. Klobuchar, Ms. Duckworth, Mr. Sanders, Mr. Wyden, Ms. Baldwin, Mr. Menendez, Mr. Casey, Mr. Coons, Mrs. Murray, Ms. Warren, Mr. Booker, Ms. Hirono, and Mrs. Gillibrand) introduced the following bill; which was read twice and 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 “Lori Jackson Domestic Violence Survivor Protection Act”.

SEC. 2. Definitions of “intimate partner” and “misdemeanor crime of domestic violence” expanded.

Section 921(a) of title 18, United States Code, is amended—

(1) by inserting before paragraph (32) the following:

“(31) The term ‘covered domestic violence court order’ means a court order—

“(A) that was issued—

“(i) after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or

“(ii) in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—

“(I) within the time required by State, tribal, or territorial law; and

“(II) in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;

“(B) that restrains such person from—

“(i) harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or

“(ii) intimidating or dissuading a witness from testifying in court; and

“(C) that—

“(i) includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or

“(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury.”;

(2) in paragraph (32), by striking all that follows after “The term ‘intimate partner’” and inserting the following: “—

“(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) or former dating partner; and

“(ii) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State, local, or tribal jurisdiction in which the injury occurred or where the victim resides.”; and

(3) in paragraph (33)(A)—

(A) in clause (i), by inserting after “Federal, State,” the following: “municipal,”; and

(B) in clause (ii)—

(i) by striking “or the threatened” and inserting “the threatened”;

(ii) by inserting “or stalking” after “deadly weapon”; and

(iii) by inserting “dating partner (as defined in section 2266),” after “spouse,” each place it appears.

SEC. 3. Unlawful sale of firearm to a person subject to court order.

Section 922(d)(8) of title 18, United States Code, is amended to read as follows:

“(8) is subject to a covered domestic violence court order; or”.

SEC. 4. 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 to read as follows:

“(8) who is subject to a covered domestic violence court order; or”.

SEC. 5. Technical and conforming amendments.

The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended—

(1) in section 3(1) (34 U.S.C. 40903(1)), by striking “court order (as described in section 922(g)(8)” and inserting “covered domestic violence court order (as defined in section 921(a)”; and

(2) in section 102(b)(1)(C)(v) (34 U.S.C. 40912(b)(1)(C)(v)), by striking “court order described in section 922(g)(8)” and inserting “covered domestic violence court order, as defined in section 921(a)”.