BILL ANALYSIS

 

 

Senate Research Center                                                                                                 C.S.S.B. 789

80R15666 SLO-D                                                                                                     By: Hegar et al.

                                                                                                                                   Criminal Justice

                                                                                                                                            4/18/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.S.B. 789 authorizes the issuance of a protective order to victims of sexual assault who are younger than 18 years of age without proving that a threat of further harm exists.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Article 7A.03, Code of Criminal Procedure, as follows:

 

Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) Requires the court, at the close of a hearing on an application for a protective order, to find whether there are reasonable grounds to believe that the applicant is the victim of sexual assault and is younger than 18 years of age and possesses a reasonable fear of further harm from the alleged offender; or is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender, regardless of age.

 

(b) Makes a conforming change.

 

SECTION 2. Effective date: upon passage or September 1, 2007.