State of Illinois
91st General Assembly
Legislation

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91_HB2629

 
                                               LRB9105390EGfg

 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 112A-2.

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

 5        Section 5.  The Code of Criminal  Procedure  of  1963  is
 6    amended by changing Section 112A-2 as follows:

 7        (725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
 8        Sec. 112A-2.  Commencement of Actions.
 9        (a)  Actions  for  orders  of protection are commenced in
10    conjunction  with  a  delinquency  petition  or  a   criminal
11    prosecution  by filing a petition for an order of protection,
12    under the same case number as the delinquency petition or the
13    criminal prosecution, to be granted during pre-trial  release
14    of  a  defendant,  with  any dispositional order issued under
15    Section 5-710 of the Juvenile Court Act  of  1987,  or  as  a
16    condition  of  release,  supervision,  conditional discharge,
17    probation,  periodic  imprisonment,   parole   or   mandatory
18    supervised  release, or in conjunction with imprisonment or a
19    bond forfeiture warrant, provided that:
20             (i)  the violation is  alleged  in  an  information,
21        complaint,  indictment  or  delinquency petition on file,
22        and  the  alleged  offender  and  victim  are  family  or
23        household members, except that if the underlying  offense
24        is   stalking   or   aggravated  stalking,  an  order  of
25        protection  shall  be  available  even  if  the   alleged
26        offender  and victim are not family or household members;
27        and
28             (ii)  the petition, which is filed  by  the  State's
29        Attorney,  names  a  victim  of  the  alleged  crime as a
30        petitioner.
31        (b)  Withdrawal or dismissal of any petition for an order
 
                            -2-                LRB9105390EGfg
 1    of protection prior to adjudication where the  petitioner  is
 2    represented by the state shall operate as a dismissal without
 3    prejudice.
 4        (c)  Voluntary dismissal or withdrawal of any delinquency
 5    petition  or  criminal prosecution or a finding of not guilty
 6    shall not require dismissal of the action for  the  order  of
 7    protection;   instead,  in  the  discretion  of  the  State's
 8    Attorney, it may be treated as an independent action and,  if
 9    necessary  and  appropriate, transferred to a different court
10    or  division.  Dismissal  of  any  delinquency  petition   or
11    criminal  prosecution  shall  not  affect the validity of any
12    previously  issued  order  of  protection,   and   thereafter
13    subsection  (b)  of  Section 112A-20 shall be inapplicable to
14    that order.
15    (Source: P.A. 90-590, eff. 1-1-99.)

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