093_HB3501enr

 
HB3501 Enrolled                      LRB093 06501 RLC 06626 b

 1        AN ACT in relation to domestic violence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Domestic Violence Act of 1986 is
 5    amended by changing Section 202 as follows:

 6        (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
 7        Sec.   202.  Commencement   of   action;   filing   fees;
 8    dismissal.
 9        (a)  How to  commence  action.   Actions  for  orders  of
10    protection are commenced:
11             (1)  Independently:   By  filing  a  petition for an
12        order of protection in any civil court,  unless  specific
13        courts are designated by local rule or order.
14             (2)  In  conjunction  with another civil proceeding:
15        By filing a petition for an order of protection under the
16        same case number as another  civil  proceeding  involving
17        the  parties,  including  but  not  limited  to:  (i) any
18        proceeding under the Illinois Marriage and Dissolution of
19        Marriage Act, Illinois Parentage Act of 1984,  Nonsupport
20        of  Spouse  and  Children Act, Revised Uniform Reciprocal
21        Enforcement of Support Act or an  action  for  nonsupport
22        brought under Article 10 of the Illinois Public Aid Code,
23        provided that a petitioner and the respondent are a party
24        to   or   the  subject  of  that  proceeding  or  (ii)  a
25        guardianship proceeding under the Probate Act of 1975, or
26        a proceeding for involuntary commitment under the  Mental
27        Health   and  Developmental  Disabilities  Code,  or  any
28        proceeding, other than a delinquency petition, under  the
29        Juvenile Court Act of 1987, provided that a petitioner or
30        the  respondent  is  a  party  to  or the subject of such
31        proceeding.
 
HB3501 Enrolled            -2-       LRB093 06501 RLC 06626 b
 1             (3)  In conjunction with a delinquency petition or a
 2        criminal prosecution:  By filing a petition for an  order
 3        of   protection,  under  the  same  case  number  as  the
 4        delinquency  petition  or  criminal  prosecution,  to  be
 5        granted during pre-trial release of a defendant, with any
 6        dispositional order issued under  Section  5-710  of  the
 7        Juvenile  Court Act of 1987 or as a condition of release,
 8        supervision, conditional discharge,  probation,  periodic
 9        imprisonment,  parole or mandatory supervised release, or
10        in conjunction with imprisonment  or  a  bond  forfeiture
11        warrant; provided that:
12                  (i)  the    violation    is   alleged   in   an
13             information, complaint,  indictment  or  delinquency
14             petition  on  file,  and  the  alleged  offender and
15             victim are family or household  members  or  persons
16             protected by this Act; and
17                  (ii)  the  petition,  which  is  filed  by  the
18             State's  Attorney,  names  a  victim  of the alleged
19             crime as a petitioner.
20        (b)  Filing, certification, and  service  fees.   No  fee
21    shall be charged by the clerk for filing, amending, vacating,
22    certifying,  or  photocopying petitions or certifying orders;
23    or for issuing alias  summons;  or  for  any  related  filing
24    service.   No fee shall be charged by the sheriff for service
25    by the sheriff of a petition, rule, motion, or  order  in  an
26    action commenced under this Section.
27        (c)  Dismissal    and   consolidation.    Withdrawal   or
28    dismissal of any petition for an order of protection prior to
29    adjudication where the petitioner is represented by the State
30    shall operate as a dismissal without  prejudice.   No  action
31    for  an  order  of  protection shall be dismissed because the
32    respondent is  being  prosecuted  for  a  crime  against  the
33    petitioner.  An  independent  action may be consolidated with
34    another civil proceeding, as provided  by  paragraph  (2)  of
 
HB3501 Enrolled            -3-       LRB093 06501 RLC 06626 b
 1    subsection  (a)  of  this  Section.  For any action commenced
 2    under paragraph (2) or (3) of subsection (a) of this Section,
 3    dismissal of the conjoined case (or a finding of not  guilty)
 4    shall  not  require  dismissal of the action for the order of
 5    protection; instead, it may  be  treated  as  an  independent
 6    action  and,  if  necessary and appropriate, transferred to a
 7    different court or division. Dismissal of any conjoined  case
 8    shall  not affect the validity of any previously issued order
 9    of protection, and thereafter subsections (b)(1)  and  (b)(2)
10    of Section 220 shall be inapplicable to such order.
11        (d)  Pro  se petitions.  The court shall provide, through
12    the office of the clerk of the court,  simplified  forms  and
13    clerical  assistance to help with the writing and filing of a
14    petition under this Section by any person not represented  by
15    counsel.  In addition, that assistance may be provided by the
16    state's attorney.
17    (Source: P.A. 90-590, eff. 1-1-99.)