Public Act 90-0235 of the 90th General Assembly
Public Act 90-0235
HB0760 Enrolled LRB9002886SMks
AN ACT to amend the Code of Criminal Procedure of 1963 by
changing Section 112A-6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-6 as follows:
(725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
Sec. 112A-6. Application of rules of civil procedure;
criminal law.
(a) Any proceeding to obtain, modify, reopen or appeal
an order of protection, whether commenced alone or in
conjunction with a civil or criminal proceeding, shall be
governed by the rules of civil procedure of this State. The
standard of proof in such a proceeding is proof by a
preponderance of the evidence, whether the proceeding is
heard in criminal or civil court. The Code of Civil
Procedure and Supreme Court and local court rules applicable
to civil proceedings, as now or hereafter amended, shall
apply, except as otherwise provided by law. Civil law on
venue, discovery, and on penalties for untrue statements
shall not apply to order of protection proceedings heard
under this Article 112A in Criminal Court.
(b) Criminal law on discovery, venue, and on penalties
for untrue statements apply to orders of protection
proceedings heard under this Article 112A.
(Source: P.A. 87-1186.)