By: Hegar, Seliger, Ellis S.B. No. 789

(In the Senate - Filed February 21, 2007; March 6, 2007, read first time and referred to Committee on Criminal Justice; April 20, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; April 20, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 789 By: Hegar

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 and possesses a reasonable fear of further harm from the alleged offender; 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 and possesses a reasonable fear of further harm from the alleged offender, 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.

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