AN ACT CONCERNING PROTECTIVE ORDERS.

This bill expands courts' authority to issue protective orders. Under the bill, they may do so when a person is arrested for committing or attempting to commit:

1. risk of injury by contacting the intimate parts of a child under age 16 or subjecting the child to contact with the offender's intimate parts in a sexual and indecent manner likely to impair the child's health or morals;

2. risk of injury by willfully or unlawfully causing or permitting a child under age 16 to be placed in a situation that (a) endangers the child's life or limb, (b) will likely injure his or her health, or (c) will likely impair his or her morals;

3. risk of injury by doing anything likely to impair the health or morals of a child under age 16;

4. first-, second-, third-, or fourth-degree sexual assault;

5. first-degree aggravated sexual assault;

6. aggravated assault of a minor; or

7. third-degree sexual assault with a firearm.

Courts may currently issue protective orders when someone is arrested for stalking, disorderly conduct, or second-degree harassment. By law, violation of a protective order constitutes criminal violation of a protective order, punishable by up to five years in prison, a $ 5,000 fine, or both.

Protective orders are court-issued criminal orders typically issued to protect victims of family violence crimes from threatened or further harm. These orders may, among other things, prohibit the respondents from restraining, threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the victim, or entering the victim's home. Protective orders are a condition of bail or other release from incarceration.

Yea

Nay

(03/17/2008)

Yea

Nay

(03/28/2008)