Full Text of SB1595 97th General Assembly
SB1595 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1595 Introduced 2/9/2011, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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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,
| 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; dismissal.
| 8 | | (a) How to commence action. Actions for orders of | 9 | | protection 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 | 26 | | be charged
by the clerk for filing, amending, vacating, |
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| 1 | | certifying, or photocopying
petitions or orders; or for issuing | 2 | | alias summons; or for any
related filing service. No
fee shall | 3 | | be charged by the sheriff for service by the sheriff of a
| 4 | | petition,
rule, motion, or order in an action commenced under | 5 | | this Section.
| 6 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 7 | | of any
petition for an order of protection prior to | 8 | | adjudication where the
petitioner is represented by the State | 9 | | shall operate as a dismissal without
prejudice. No action for | 10 | | an order of protection shall be dismissed because
the | 11 | | respondent is being prosecuted for a crime against the | 12 | | petitioner. An
independent action may be consolidated with | 13 | | another civil proceeding, as
provided by paragraph (2) of | 14 | | subsection (a) of this Section. For any
action commenced under | 15 | | paragraph (2) or (3) of subsection (a) of this Section,
| 16 | | dismissal of the conjoined case (or a finding of not guilty) | 17 | | shall not
require dismissal of the action
for the order of | 18 | | protection; instead, it may be treated as an
independent action | 19 | | and, if necessary and appropriate, transferred to a
different | 20 | | court or division. Dismissal of any conjoined case shall not | 21 | | affect
the
validity of any previously issued order of | 22 | | protection, and thereafter
subsections (b)(1) and (b)(2) of | 23 | | Section 220 shall be inapplicable to
such order.
| 24 | | (d) Pro se petitions. The court shall provide, through the | 25 | | office of
the clerk of the court, simplified forms and clerical | 26 | | assistance to help
with the writing and filing of a petition |
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| 1 | | under this Section by any person
not represented by counsel. In | 2 | | addition, that assistance may be provided
by the state's | 3 | | attorney. Any simplified form or written materials prepared to | 4 | | assist with the writing and filing of a petition by a person | 5 | | not represented by counsel shall contain a prominent written | 6 | | notice stating that written information included in the | 7 | | petition for an order of protection is given under oath and | 8 | | that false statements are subject to prosecution for perjury.
| 9 | | (Source: P.A. 93-458, eff. 1-1-04.)
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