PA 08-84—sHB 5722

Judiciary Committee

Appropriations Committee

AN ACT CONCERNING PROTECTIVE ORDERS

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

1. risk of injury by touching 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 any other act 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 already issue protective orders when someone is arrested for stalking or first- or second-degree harassment. By law, violation of a protective order is a class D felony (see Table on Penalties). A violation also violates bail or release conditions and may result in a court raising the amount of bail or revoking release.

EFFECTIVE DATE: October 1, 2008

BACKGROUND

Protective Orders

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 of the order 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.

OLR Tracking: SNE: JM: PF: ts