05 LC
14 9165
House
Bill 755
By:
Representatives England of the
108th,
Benton of the
31st,
Miller of the
106th,
Ralston of the
7th,
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating
to family violence protective orders, so as to provide that such orders shall
prohibit the petitioner from modifying the operation of the order or permitting,
inviting, or encouraging the respondent to violate the order; to prohibit
certain communications by petitioners; to provide for punishment of a petitioner
who commits such actions; to provide for related matters; to amend Part 2 of
Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated,
relating to bonds to keep the peace, so as to provide that when an order for a
bond with special conditions is issued, the court shall prohibit the person
requiring the bond from permitting, inviting, or encouraging the respondent to
violate the conditions of the bond and provide for enforcement through the
court́s
contempt power; to prohibit certain communications by the person requiring the
bond; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-13-4 of the Official Code of Georgia Annotated, relating to family
violence protective orders, is amended by adding at its end a new subsection (e)
to read as follows:
"(e)
In addition to any relief ordered against the respondent, any order or consent
agreement shall contain a provision directed to the petitioner instructing the
petitioner that the petitioner has no authority to modify the operation of the
order or permit, invite, or encourage the respondent to violate the order. If
the order contains provisions prohibiting the respondent from communicating with
the petitioner or limiting the time or manner of communication by the respondent
with the petitioner, it shall contain like provisions directed to the
petitioner. The order shall inform the petitioner that he or she will be subject
to punishment as provided by law if he or she: attempts to modify the operation
of the order; willingly permits or invites or encourages the respondent to
violate the order; or communicates with the respondent in violation of the
order. A petitioner shall be subject to punishment for contempt of court if he
or she: attempts to modify the operation of the order; willingly permits or
invites or encourages the respondent to violate the order; or communicates with
the respondent in violation of the order. As an illustration of the foregoing,
but not a limitation, a petitioner shall be in violation of the order
if:
(1)
The petitioner willingly permits, invites, or encourages the respondent to
commit any act prohibited by the order;
(2)
The petitioner willingly permits, invites, or encourages the respondent to visit
or remain in the residence or household of the parties after issuance of an
order excluding the respondent from the residence or household;
(3)
The petitioner willingly permits, invites, or encourages the respondent to
violate the terms of any provision of the order relating to child custody or
visitation; or
(4)
The petitioner informs the respondent that the respondent does not have to make
court ordered
payments."
SECTION
2.
Part
2 of Article 4 of Chapter 6 of the Official Code of Georgia Annotated, relating
to bonds to keep the peace, is amended by adding at its end a new Code Section
17-6-115 to read as follows:
"17-6-115.
Where
a bond to keep the peace is issued and the bond contains any special conditions,
the court shall inform the person who required the bond that such person has no
authority to modify the operation of the bond conditions or permit or invite or
encourage the respondent to violate the bond conditions. If the bond contains
conditions prohibiting the respondent from communicating with the person who
required the bond or limiting the time or manner of communication by the
respondent with the person who required the bond, it shall contain like
conditions directed to the person who required the bond. The court shall inform
such person that he or she will be subject to punishment for contempt of court
if he or she: attempts to modify the operation of the bond conditions;
willingly permits or invites or encourages the respondent to violate the bond
conditions; or communicates with the respondent in violation of the bond
conditions. Such person shall be subject to punishment for contempt of court if
he or she: attempts to modify the operation of the bond conditions; willingly
permits or invites or encourages the respondent to violate the bond conditions;
or communicates with the respondent in violation of the bond
conditions."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.