HB1456: HB1456 Crimes and offenses; protective orders or consent agreements for victims against persons who have committed acts of sexual assault; provide

26 LC 48 1646 House Bill 1456 By: Representatives Lim of the 98 th, Lupton of the 83 rd, Wilkerson of the 38 th, 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 sexual1 offenses, so as to provide for protective orders or consent agr eements for victims against2 persons who have committed acts of sexual assault; to provide for a definition; to provide for3 temporary relief ex parte orders under certain circumstances; to provide for procedures; to4 provide for penalties; to provide for related matters; to repeal conflicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses,9 is amended by adding a new Code section to read as follows:10 "16-6-26.11 (a) As used in this Code section, the term 'sexual assault' means an act that constitutes one12 or more violations of:13 (1) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;14 (2) Trafficking of persons for labor or sexual servitude in vi olation of Code15 Section 16-5-46;16 H. B. 1456 - 1 - 26 LC 48 1646 (3) Rape in violation of Code Section 16-6-1;17 (4) Aggravated sodomy in violation of Code Section 16-6-2;18 (5) Statutory rape in violation of Code Section 16-6-3;19 (6) Child molestation or aggravated child molestation in violat ion of Code20 Section 16-6-4;21 (7) Enticing a child for indecent purposes in violation of Code Section 16-6-5;22 (8) Improper sexual contact by employee, agent, or foster pare nt in violation of Code23 Section 16-6-5.1;24 (9) Incest in violation of Code Section 16-6-22;25 (10) Sexual battery in violation of Code Section 16-6-22.1;26 (11) Aggravated sexual battery in violation of Code Section 16-6-22.2;27 (12) Electronically furnishing obscene material to minors in v iolation of Code28 Section 16-12-100.1; or29 (13) Computer pornography and child exploitation in violation of Code30 Section 16-12-100.2.31 (b)(1) Any person who has been subjected to, threatened with, or placed in fear of sexual32 assault may seek relief under this chapter by filing a sworn petition alleging such sexual33 assault by the respondent.34 (2) Any petition filed by an unemancipated person under 18 years of age shall be signed35 by a parent or guardian.36 (c) The petitioner must demonstrate by a preponderance of evid ence that they were37 subjected to, threatened with, or placed in fear of sexual assault by the respondent.38 (d) Upon the filing of a verified petition in which the petitioner alleges with specific facts39 that probable cause exists to establish that sexual assault by the respondent has occurred40 o n e o r m o r e t i m e s i n t he past and m a y o c c u r i n t h e f u t u r e , t h e court may order such41 temporary relief ex parte as it deems necessary to protect the petitioner or any minor of the42 household from sexual assault. If the court issues an ex parte order, a copy of the order43 H. B. 1456 - 2 - 26 LC 48 1646 shall be immediately furnished to the petitioner and to the Nat ional Crime Information44 Center.45 (e) The court may grant a protective order or approve a consent agreement to the petitioner46 against the respondent to bring about a cessation of conduct co nstituting sexual assault. 47 Such orders or agreements shall:48 (1) Direct the respondent to refrain from such conduct;49 (2) Order the respondent to refrain from harassing or interfer ing with the petitioner or50 any minor of the household; and51 (3) Provide that violations of such order or agreement shall constitute contempt pursuant52 to Code Section 15-6-8.53 (f) Any person convicted of a violation of subsection (e) of t his Code section shall be54 guilty of a misdemeanor.55 (g) The provisions of Code Section 19-13-2, subsections (c) an d (d) of Code56 Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code57 Section 19-13-5 shall apply to petitions filed pursuant to this Code section, except that the58 clerk of court may provide forms for petitions and pleadings to persons alleging conduct59 constituting sexual assault and to any other person designated by the superior court60 pursuant to this Code section as authorized to advise persons alleging conduct constituting61 sexual assault on filling out and filing such petitions and pleadings."62 SECTION 2.63 All laws and parts of laws in conflict with this Act are repealed64 H. B. 1456 - 3 -