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              Coangressional                                              ______
              SResearch Service






VAWA Reauthorization: Substantive Criminal

Law Proposals



March 20, 2019

The authorization of appropriations for the Violence Against Women Act (VAWA) expired at the end of
FY 2018. The House  Judiciary Committee has voted out an amendment in the nature of a substitute of
the reauthorization of the bill (H.R. 1585). The absence of an authorization is no legal impediment to an
appropriation, but the absence of an authorization can present parliamentary obstacles during floor
consideration of an appropriation. VAWA and its periodic reauthorization amendments consist of grant
programs and substantive criminal law provisions. VAWA's grant programs are covered in detail
elsewhere. This legal sidebar discusses some of the substantive criminal law issues raised during current
reauthorization efforts.

Protective  order online confidentiality
Existing law bans states, tribes, and territories from publishing online the identity or location of the
individuals protected by restraining orders issued under their jurisdiction. Section 106 of the bill would
make it clear that the prohibition extends to the orders other than their own.

Child  stalking penalty
It is a federal crime to stalk another person using mail, computer, or interstate or foreign travel. Section
304 of the bill would increase the maximum sentence for the offense by an additional 5 years in prison if
the victim is a child with exceptions for Romeo-and-Juliet situations (15-18 year-old victims and
offenders no more than 3 years older) and for juvenile offenders.

Firearms
Among  those who may not lawfully possess a firearm and to whom a firearm may not be lawfully sold
are individuals who are subject to a restraining order for the protection of an intimate partner. Section
80 lof the bill would amend the definition of intimate partner to include dating or former dating partners
or anyone similarly situated. Section 802 of the bill would adjust the possessory prohibition to those who
are the subject of an ex parte restraining order, i.e., an order issued initially unbeknownst to the person it
restrains.

                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                      LSB10277

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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