skip to main content

S. 2044 (115th): Lori Jackson Domestic Violence Survivor Protection Act

The text of the bill below is as of Oct 31, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 2044

IN THE SENATE OF THE UNITED STATES

October 31, 2017

(for himself, Mr. Murphy, Mr. Reed, Ms. Hirono, Mr. Markey, Mr. Durbin, Mrs. Gillibrand, Ms. Baldwin, Mrs. Murray, Ms. Warren, Ms. Duckworth, Mr. Brown, Mrs. Shaheen, Ms. Harris, Mr. Booker, and Mrs. Feinstein) 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.

1.

Short title

This Act may be cited as the Lori Jackson Domestic Violence Survivor Protection Act.

2.

Definitions of intimate partner and misdemeanor crime of domestic violence expanded

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

(1)

in paragraph (32)—

(A)

by striking and an individual and inserting an individual; and

(B)

by inserting , or a dating partner (as defined in section 2266) or former dating partner before the period at the end; and

(2)

in paragraph (33)(A)(ii)—

(A)

by striking or by and inserting by; and

(B)

by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period at the end.

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 court order described in subsection (g)(8); or

.

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—

(1)

in the matter preceding subparagraph (A), by striking that;

(2)

by striking subparagraphs (A) and (B) and inserting the following:

(A)
(i)

that was issued 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, relating 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, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that 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

(ii)

intimidating or dissuading a witness from testifying in court; and

; and

(3)

in subparagraph (C)—

(A)

by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B);

(B)

in clause (i), by inserting that before includes; and

(C)

in clause (ii), by inserting that before by its.