State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0760eng

      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 Engrossed                               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.)

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