80R7447 SLO-D
 
  By: Thompson H.B. No. 4105
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to findings required for the issuance of a protective
order for a victim of sexual assault.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 7A.03, Code of Criminal Procedure, is
amended to read as follows:
       Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER.  (a)  At the close of a hearing on an application for a
protective order under this chapter, the court shall find whether
there are reasonable grounds to believe that the applicant is[:
             [(1)]  the victim of a sexual assault[;] and:
             (1)  is younger than 18 years of age; or
             (2)  regardless of age, is the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender.
       (b)  If the court finds reasonable grounds to believe that
the applicant is the victim of a sexual assault and is younger than
18 years of age, or regardless of age, the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender, the court shall issue a protective order that
includes a statement of the required findings.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.