Enrolled Bill Summary

            Senate Bill 433 amends the Code of Criminal Procedure to provide that a person who is a victim of sexual assault or aggravated sexual assault may file an application for a protective order without regard to the relationship between the applicant and the alleged offender. The bill prescribes the courts in which the application may be filed and requires the court to make certain findings related to the victim and the nature of a continuing threat to the victim and to include those findings in a protective order issued by the court. The bill provides that if the information contained in an application is sufficient to show a clear and present danger to the applicant, the court may issue a protective order without notice to the alleged offender and without a hearing. The bill permits a court to prohibit an alleged offender from certain conduct, including going to specific locations, communicating with or harassing a victim, and possessing a firearm. Senate Bill 433 requires that protective orders include statements of warning relating to what constitutes a violation and the penalty for violation of the order. The bill amends the Penal Code to establish the offense of violation of a protective order issued on the basis of sexual assault and to create a Class A misdemeanor for certain violations.