Public Act 93-0458

HB3501 Enrolled                      LRB093 06501 RLC 06626 b

    AN ACT in relation to domestic violence.

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

    Section 5.  The Illinois Domestic Violence Act of 1986 is
amended by changing Section 202 as follows:

    (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
    Sec.   202.  Commencement   of   action;   filing   fees;
dismissal.
    (a)  How  to  commence  action.   Actions  for  orders of
protection are commenced:
         (1)  Independently:  By filing  a  petition  for  an
    order  of  protection in any civil court, unless specific
    courts are designated by local rule or order.
         (2)  In conjunction with another  civil  proceeding:
    By filing a petition for an order of protection under the
    same  case  number  as another civil proceeding involving
    the parties,  including  but  not  limited  to:  (i)  any
    proceeding under the Illinois Marriage and Dissolution of
    Marriage  Act, Illinois Parentage Act of 1984, Nonsupport
    of Spouse and Children Act,  Revised  Uniform  Reciprocal
    Enforcement  of  Support  Act or an action for nonsupport
    brought under Article 10 of the Illinois Public Aid Code,
    provided that a petitioner and the respondent are a party
    to  or  the  subject  of  that  proceeding  or   (ii)   a
    guardianship proceeding under the Probate Act of 1975, or
    a  proceeding for involuntary commitment under the Mental
    Health  and  Developmental  Disabilities  Code,  or   any
    proceeding,  other than a delinquency petition, under the
    Juvenile Court Act of 1987, provided that a petitioner or
    the respondent is a party  to  or  the  subject  of  such
    proceeding.
         (3)  In conjunction with a delinquency petition or a
    criminal  prosecution:  By filing a petition for an order
    of  protection,  under  the  same  case  number  as   the
    delinquency  petition  or  criminal  prosecution,  to  be
    granted during pre-trial release of a defendant, with any
    dispositional  order  issued  under  Section 5-710 of the
    Juvenile Court Act of 1987 or as a condition of  release,
    supervision,  conditional  discharge, probation, periodic
    imprisonment, parole or mandatory supervised release,  or
    in  conjunction  with  imprisonment  or a bond forfeiture
    warrant; provided that:
              (i)  the   violation   is   alleged    in    an
         information,  complaint,  indictment  or delinquency
         petition on  file,  and  the  alleged  offender  and
         victim  are  family  or household members or persons
         protected by this Act; and
              (ii)  the  petition,  which  is  filed  by  the
         State's Attorney, names  a  victim  of  the  alleged
         crime as a petitioner.
    (b)  Filing,  certification,  and  service  fees.  No fee
shall be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or  certifying  orders;
or  for  issuing  alias  summons;  or  for any related filing
service.  No fee shall be charged by the sheriff for  service
by  the  sheriff  of a petition, rule, motion, or order in an
action commenced under this Section.
    (c)  Dismissal   and   consolidation.    Withdrawal    or
dismissal of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall  operate  as  a dismissal without prejudice.  No action
for an order of protection shall  be  dismissed  because  the
respondent  is  being  prosecuted  for  a  crime  against the
petitioner. An independent action may  be  consolidated  with
another  civil  proceeding,  as  provided by paragraph (2) of
subsection (a) of this Section.   For  any  action  commenced
under paragraph (2) or (3) of subsection (a) of this Section,
dismissal  of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for  the  order  of
protection;  instead,  it  may  be  treated as an independent
action and, if necessary and appropriate,  transferred  to  a
different  court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued  order
of  protection,  and thereafter subsections (b)(1) and (b)(2)
of Section 220 shall be inapplicable to such order.
    (d)  Pro se petitions.  The court shall provide,  through
the  office  of  the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of  a
petition  under this Section by any person not represented by
counsel.  In addition, that assistance may be provided by the
state's attorney.
(Source: P.A. 90-590, eff. 1-1-99.)