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H.R. 2980 (104th): Interstate Stalking Punishment and Prevention Act of 1996

The text of the bill below is as of Jul 25, 1996 (Passed the Senate with an Amendment).


HR 2980 EAS

In the Senate of the United States,

July 25, 1996.

Resolved, That the bill from the House of Representatives (H.R. 2980) entitled ‘An Act to amend title 18, United States Code, with respect to stalking’, do pass with the following

AMENDMENT:

Page 2, after the item following line 11 insert:

SEC. 3. GUN BAN FOR INDIVIDUALS COMMITTING DOMESTIC VIOLENCE.

    (a) DEFINITIONS- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

      ‘(33) The term ‘crime involving domestic violence’ means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.’.

    (b) UNLAWFUL ACTS- Section 922 of title 18, United States Code, is amended--

      (1) in subsection (d)--

        (A) by striking ‘or’ at the end of paragraph (7);

        (B) by striking the period at the end of paragraph (8) and inserting ‘; or’; and

        (C) by inserting after paragraph (8) the following new paragraph:

      ‘(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel.’;

      (2) in subsection (g)--

        (A) by striking ‘or’ at the end of paragraph (7);

        (B) in paragraph (8), by striking the comma and inserting ‘; or’; and

        (C) by inserting after paragraph (8) the following new paragraph:

      ‘(9) has been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel,’; and

      (3) in subsection (s)(3)(B)(i), by inserting before the semicolon the following: ‘and has not been convicted in any court of any crime involving domestic violence where the individual has been represented by counsel or knowingly and intelligently waived the right to counsel’.

    (c) RULES AND REGULATIONS- Section 926(a) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (2);

      (2) by striking the period at the end of paragraph (3) and inserting ‘; and’; and

      (3) by inserting after paragraph (3) the following new paragraph:

      ‘(4) regulations providing for the effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(9) or (g)(9) of section 922.’.

Attest:

Secretary.

104th CONGRESS

2d Session

H. R. 2980

AMENDMENT