House Bill 1456
By: Representatives Lim of the 98th, Lupton of the 83rd, Wilkerson of the 38th, and
Werkheiser of the 157th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, so as to provide for protective orders or consent agreements for victims against
persons who have committed acts of sexual assault; to provide for a definition; to provide for
temporary relief ex parte orders under certain circumstances; to provide for procedures; to
provide for penalties; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,
is amended by adding a new Code section to read as follows:
<ins>"16-6-26.
(a) As used in this Code section, the term 'sexual assault' means an act that constitutes one
or more violations of:
(1) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
(2) Trafficking of persons for labor or sexual servitude in violation of Code
Section 16-5-46;
</ins>
<ins>(3) Rape in violation of Code Section 16-6-1;
(4) Aggravated sodomy in violation of Code Section 16-6-2;
(5) Statutory rape in violation of Code Section 16-6-3;
(6) Child molestation or aggravated child molestation in violation of Code
Section 16-6-4;
(7) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(8) Improper sexual contact by employee, agent, or foster parent in violation of Code
Section 16-6-5.1;
(9) Incest in violation of Code Section 16-6-22;
(10) Sexual battery in violation of Code Section 16-6-22.1;
(11) Aggravated sexual battery in violation of Code Section 16-6-22.2;
(12) Electronically furnishing obscene material to minors in violation of Code
Section 16-12-100.1; or
(13) Computer pornography and child exploitation in violation of Code
Section 16-12-100.2.
(b)(1) Any person who has been subjected to, threatened with, or placed in fear of sexual
assault may seek relief under this chapter by filing a sworn petition alleging such sexual
assault by the respondent.
(2) Any petition filed by an unemancipated person under 18 years of age shall be signed
by a parent or guardian.
(c) The petitioner must demonstrate by a preponderance of evidence that they were
subjected to, threatened with, or placed in fear of sexual assault by the respondent.
(d) Upon the filing of a verified petition in which the petitioner alleges with specific facts
that probable cause exists to establish that sexual assault by the respondent has occurred
one or more times in the past and may occur in the future, the court may order such
temporary relief ex parte as it deems necessary to protect the petitioner or any minor of the
household from sexual assault. If the court issues an ex parte order, a copy of the order
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<ins>shall be immediately furnished to the petitioner and to the National Crime Information
Center.
(e) The court may grant a protective order or approve a consent agreement to the petitioner
against the respondent to bring about a cessation of conduct constituting sexual assault.
Such orders or agreements shall:
(1) Direct the respondent to refrain from such conduct;
(2) Order the respondent to refrain from harassing or interfering with the petitioner or
any minor of the household; and
(3) Provide that violations of such order or agreement shall constitute contempt pursuant
to Code Section 15-6-8.
(f) Any person convicted of a violation of subsection (e) of this Code section shall be
guilty of a misdemeanor.
(g) The provisions of Code Section 19-13-2, subsections (c) and (d) of Code
Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code
Section 19-13-5 shall apply to petitions filed pursuant to this Code section, except that the
clerk of court may provide forms for petitions and pleadings to persons alleging conduct
constituting sexual assault and to any other person designated by the superior court
pursuant to this Code section as authorized to advise persons alleging conduct constituting
sexual assault on filling out and filing such petitions and pleadings."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed