100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5239

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-6.1 new
725 ILCS 5/112A-11.5

    Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure. Provides that the standard of proof for a protective order proceeding is proof by a preponderance of the evidence. Provides that the Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by law. Provides that civil law on venue, discovery, and penalties for untrue statements shall not apply to protective orders proceedings. Provides that criminal law on discovery, venue, and on penalties for untrue statements apply to protective order proceedings. Provides that a respondent may challenge the issuance of a protective order within 30 days or if the protective order was commenced in conjunction with a delinquency petition or a criminal prosecution then within 30 days after a plea of guilty or a finding of guilty is entered. Provides that the respondent shall provide notice to the petitioner and the court. Provides that by agreement of the parties, a protective order issued may be dismissed.


LRB100 19178 SLF 34443 b

 

 

A BILL FOR

 

HB5239LRB100 19178 SLF 34443 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-11.5 and by adding Section
6112A-6.1 as follows:
 
7    (725 ILCS 5/112A-6.1 new)
8    Sec. 112A-6.1. Application of rules of civil procedure;
9criminal law.
10    (a) Any proceeding to obtain, modify, re-open, or appeal a
11protective order and service of pleadings and notices shall be
12governed by the rules of civil procedure of this State. The
13standard of proof in a proceeding under this Article 112A of
14this Code is proof by a preponderance of the evidence. The Code
15of Civil Procedure and Supreme Court and local court rules
16applicable to civil proceedings shall apply, except as
17otherwise provided by law. Civil law on venue, discovery, and
18penalties for untrue statements shall not apply to protective
19order proceedings heard under this Article.
20    (b) Criminal law on discovery, venue, and on penalties for
21untrue statements apply to protective order proceedings heard
22under this Article.
 

 

 

HB5239- 2 -LRB100 19178 SLF 34443 b

1    (725 ILCS 5/112A-11.5)
2    Sec. 112A-11.5. Issuance of protective order.
3    (a) The court shall grant the petition and enter a
4protective order if the court finds prima facie evidence that a
5crime involving domestic violence, a sexual offense or a crime
6involving stalking has been committed. The following shall be
7considered prima facie evidence of the crime:
8        (1) an information, complaint, indictment or
9    delinquency petition, charging a crime of domestic
10    violence, a sexual offense or stalking or charging an
11    attempt to commit a crime of domestic violence, a sexual
12    offense or stalking; or
13        (2) an adjudication of delinquency, a finding of guilt
14    based upon a plea, or a finding of guilt after a trial for
15    a crime of domestic battery, a sexual crime or stalking or
16    an attempt to commit a crime of domestic violence, a sexual
17    offense or stalking;
18        (3) any dispositional order issued under Section 5-710
19    of the Juvenile Court Act of 1987, the imposition of
20    supervision, conditional discharge, probation, periodic
21    imprisonment, parole, aftercare release or mandatory
22    supervised release for a crime of domestic violence, a
23    sexual offense or stalking or an attempt to commit a crime
24    of domestic violence, a sexual offense, or stalking, or
25    imprisonment in conjunction with a bond forfeiture
26    warrant; or

 

 

HB5239- 3 -LRB100 19178 SLF 34443 b

1        (4) the entry of a protective order in a separate civil
2    case brought by the petitioner against the respondent.
3    (b) The petitioner shall not be denied a protective order
4because the petitioner or the respondent is a minor.
5    (c) The court, when determining whether or not to issue a
6protective order, may not require physical injury on the person
7of the victim.
8    (d) A respondent may challenge the issuance of a protective
9order issued under this Section within 30 days or if the
10protective order was commenced in conjunction with a
11delinquency petition or a criminal prosecution then within 30
12days after a plea of guilty or a finding of guilty is entered.
13The respondent shall provide notice to the petitioner and the
14court. By agreement of the parties, a protective order issued
15under this Section may be dismissed.
16(Source: P.A. 100-199, eff. 1-1-18.)