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90_HB0760enr
720 ILCS 5/2-21 from Ch. 38, par. 2-21
Amends the Criminal Code of 1961. In provisions
regarding references to "State" or "this State" makes a
technical change.
LRB9002886SMks
HB0760 Enrolled LRB9002886SMks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 112A-6.
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-6 as follows:
7 (725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
8 Sec. 112A-6. Application of rules of civil procedure;
9 criminal law.
10 (a) Any proceeding to obtain, modify, reopen or appeal
11 an order of protection, whether commenced alone or in
12 conjunction with a civil or criminal proceeding, shall be
13 governed by the rules of civil procedure of this State. The
14 standard of proof in such a proceeding is proof by a
15 preponderance of the evidence, whether the proceeding is
16 heard in criminal or civil court. The Code of Civil
17 Procedure and Supreme Court and local court rules applicable
18 to civil proceedings, as now or hereafter amended, shall
19 apply, except as otherwise provided by law. Civil law on
20 venue, discovery, and on penalties for untrue statements
21 shall not apply to order of protection proceedings heard
22 under this Article 112A in Criminal Court.
23 (b) Criminal law on discovery, venue, and on penalties
24 for untrue statements apply to orders of protection
25 proceedings heard under this Article 112A.
26 (Source: P.A. 87-1186.)