United States HR 1287 - Domestic Violence

US.png

United States HR 1287

To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes.

by Eric Swalwell (D) with Gil Cisneros (D), Katherine Clark (D), Yvette Clarke (D), Steve Cohen (D), Charlie Crist (D), Adriano Espaillat (D), Deb Haaland (D), Alcee Hastings (D), Joe Kennedy III (D), Ro Khanna (D), Jerry McNerney (D), Grace Meng (D), Grace Napolitano (D), Eleanor Norton (D), Jamie Raskin (D), Lucille Roybal-Allard (D), Tim Ryan (D), Jan Schakowsky (D), Darren Soto (D), Nydia Velazquez (D), Freddi Wilson (D)


LEAP Forward Position: Support

Explanation: Pending

500px-Blue_check.svg.png

SEC. 3. REPORT AND RECOMMENDATIONS.

(a) In General.—Not later than 3 years after the date of the enactment of this Act, Attorney General, acting through the Director of the National Institute of Justice, shall prepare and submit a report to Congress on best practices for statutes, rules, policies, and practices, which provide a process by which individuals who are charged with or convicted of a crime of domestic violence, or who are subject to, or in violation of a domestic violence protective order, may be subject to relinquishment. Such report shall include an analysis of the effect of reducing firearm access for the individuals described in the previous sentence on reducing domestic violence and homicide.

(b) Best Practices.—In preparing the report under subsection (a), the Director shall examine and determine the best practices for each of the following:

(1) The types of offenses or court orders for which relinquishment may be authorized.

(2) The level of discretion of a court in entering a relinquishment order.

(3) The process courts use in determining whether relinquishment is appropriate for a particular party.

(4) The process courts and law enforcement agencies use to determine whether an individual is in possession or control of firearms.

(5) The guidance provided to parties subject to relinquishment orders, as well as the manner of providing guidance.

(6) The persons or entities to which firearms may be relinquished, including whether any entity other than a law enforcement officer or licensed dealer under section 923 of title 18, United States Code, may receive firearms.

(7) The person or entity which may store relinquished firearms, including any criteria such a person or entity must meet, which may include a background check.

(8) The period of time provided for an individual subject to a relinquishment order to comply with the order.

(9) The manner of proof required to show a relinquishment order is fulfilled.

(10) The power granted to a court or law enforcement agency to compel compliance with a relinquishment order.

(11) The manner in which relinquished firearms may be safely and securely stored.

(12) The duration of a relinquishment order.

(13) Fees that may be charged by persons or entities storing relinquished firearms to persons subject to relinquishment orders.

(14) Considerations for returning, disposing of, or selling relinquished firearms.

(15) Criteria for returning a firearm to an individual subject to a relinquishment order.

(16) The extent to which victims of offenses committed by the individual subject to the relinquishment order, or individuals who are protected from an individual subject to a domestic violence protective order, should be notified when a firearm is returned to the individual subject to the relinquishment order.

(17) Precautions taken to ensure victim safety as a court gathers information necessary to issue a relinquishment order and a law enforcement officer executes the order.

(18) Procedural protections that are required to ensure that individuals who may be subject to a relinquishment order are provided due process at each stage of the process.

(c) Review And Consultation.—In preparing the report required under this section, the Director shall, at a minimum—

(1) review Federal, State, and local statutes, rules, policies, and practices that provide authority for courts to enter relinquishment orders in effect on the date of the enactment of this Act;

(2) review academic studies, including studies analyzing the effectiveness of statutes, rules, policies, and practices described in paragraph (1); and

(3) meet with, and consider any facts and analyses offered by, prosecutors, defense attorneys, judges, nonprofit organizations, Federal, State, and local courts, Federal, State, and local law enforcement agencies, and individuals with academic expertise in relinquishment.

(d) Identification Of Items For Further Study.—In the report under this section, the Director shall identify items for further study, relating to the effectiveness of the best practices developed under subsection (b).