97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1595

 

Introduced 2/9/2011, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 60/202  from Ch. 40, par. 2312-2

    Amends the Illinois Domestic Violence Act of 1986. Provides that any forms or materials prepared for persons not represented by counsel shall contain a prominent notice stating that false information stated in a sworn petition for an order of protection is subject to a perjury prosecution.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended 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; dismissal.
8    (a) How to commence action. Actions for orders of
9protection are commenced:
10        (1) Independently: By filing a petition for an order of
11    protection in any civil court, unless specific courts are
12    designated by local rule or order.
13        (2) In conjunction with another civil proceeding: By
14    filing a petition for an order of protection under the same
15    case number as another civil proceeding involving the
16    parties, including but not limited to: (i) any proceeding
17    under the Illinois Marriage and Dissolution of Marriage
18    Act, Illinois Parentage Act of 1984, Nonsupport of Spouse
19    and Children Act, Revised Uniform Reciprocal Enforcement
20    of Support Act or an action for nonsupport brought under
21    Article 10 of the Illinois Public Aid Code, provided that a
22    petitioner and the respondent are a party to or the subject
23    of that proceeding or (ii) a guardianship proceeding under

 

 

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1    the Probate Act of 1975, or a proceeding for involuntary
2    commitment under the Mental Health and Developmental
3    Disabilities Code, or any proceeding, other than a
4    delinquency petition, under the Juvenile Court Act of 1987,
5    provided that a petitioner or the respondent is a party to
6    or the subject of such proceeding.
7        (3) In conjunction with a delinquency petition or a
8    criminal prosecution: By filing a petition for an order of
9    protection, under the same case number as the delinquency
10    petition or criminal prosecution, to be granted during
11    pre-trial release of a defendant, with any dispositional
12    order issued under Section 5-710 of the Juvenile Court Act
13    of 1987 or as a condition of release, supervision,
14    conditional discharge, probation, periodic imprisonment,
15    parole or mandatory supervised release, or in conjunction
16    with imprisonment or a bond forfeiture warrant; provided
17    that:
18            (i) the violation is alleged in an information,
19        complaint, indictment or delinquency petition on file,
20        and the alleged offender and victim are family or
21        household members or persons protected by this Act; and
22            (ii) the petition, which is filed by the State's
23        Attorney, names a victim of the alleged crime as a
24        petitioner.
25    (b) Filing, certification, and service fees. No fee shall
26be charged by the clerk for filing, amending, vacating,

 

 

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1certifying, or photocopying petitions or orders; or for issuing
2alias summons; or for any related filing service. No fee shall
3be charged by the sheriff for service by the sheriff of a
4petition, rule, motion, or order in an action commenced under
5this Section.
6    (c) Dismissal and consolidation. Withdrawal or dismissal
7of any petition for an order of protection prior to
8adjudication where the petitioner is represented by the State
9shall operate as a dismissal without prejudice. No action for
10an order of protection shall be dismissed because the
11respondent is being prosecuted for a crime against the
12petitioner. An independent action may be consolidated with
13another civil proceeding, as provided by paragraph (2) of
14subsection (a) of this Section. For any action commenced under
15paragraph (2) or (3) of subsection (a) of this Section,
16dismissal of the conjoined case (or a finding of not guilty)
17shall not require dismissal of the action for the order of
18protection; instead, it may be treated as an independent action
19and, if necessary and appropriate, transferred to a different
20court or division. Dismissal of any conjoined case shall not
21affect the validity of any previously issued order of
22protection, and thereafter subsections (b)(1) and (b)(2) of
23Section 220 shall be inapplicable to such order.
24    (d) Pro se petitions. The court shall provide, through the
25office of the clerk of the court, simplified forms and clerical
26assistance to help with the writing and filing of a petition

 

 

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1under this Section by any person not represented by counsel. In
2addition, that assistance may be provided by the state's
3attorney. Any simplified form or written materials prepared to
4assist with the writing and filing of a petition by a person
5not represented by counsel shall contain a prominent written
6notice stating that written information included in the
7petition for an order of protection is given under oath and
8that false statements are subject to prosecution for perjury.
9(Source: P.A. 93-458, eff. 1-1-04.)