96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1427


 
Introduced 2/11/2009, by Sen. Matt Murphy
 
SYNOPSIS AS INTRODUCED:
 		














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 a protective order is subject to a perjury prosecution.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1427

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    AN ACT concerning civil  law.

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


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



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    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)



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    Sec. 202. Commencement of action; filing fees; dismissal. 

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    (a) How to commence action.  Actions for orders of 
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protection are commenced:


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        (1) Independently:  By filing a petition for an order of 
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    protection in
any civil court, unless specific courts are 
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    designated by local rule or order.


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        (2) In conjunction with another civil proceeding: By

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    filing a petition for an order of protection under the same 
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    case number
as another civil proceeding involving the 
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    parties, including but not
limited to: (i) any proceeding 
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    under the Illinois Marriage and Dissolution of
Marriage 
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    Act, Illinois Parentage Act of 1984, Nonsupport of Spouse 
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    and
Children Act, Revised Uniform Reciprocal Enforcement 
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    of Support Act or an
action for nonsupport brought under 
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    Article 10 of the
Illinois Public Aid
Code, provided that a 
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    petitioner and
the respondent are a party to or the subject 
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    of that proceeding or (ii) a
guardianship proceeding under 
 


 






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    the Probate Act of
1975, or a proceeding for involuntary

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    commitment under the Mental Health and Developmental 
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    Disabilities Code, or
any proceeding, other than a 
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    delinquency petition, under the Juvenile Court
Act of 1987, 
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    provided that a petitioner or the
respondent is a party to 
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    or the subject of such proceeding.


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        (3) In conjunction with a delinquency petition or a

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    criminal prosecution:  By filing a petition
for an order of 
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    protection, under the same case number as the delinquency

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    petition or criminal prosecution, to be
granted during 
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    pre-trial release of a defendant, with any dispositional 
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    order
issued under Section 5-710 of the Juvenile Court Act 
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    of 1987
or as a condition of release, supervision, 
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    conditional discharge,
probation, periodic imprisonment, 
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    parole or mandatory supervised release, or
in conjunction 
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    with imprisonment or a bond forfeiture warrant; provided 
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    that:


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            (i) the violation is alleged in an information, 
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        complaint, indictment
or delinquency petition on file, 
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        and the alleged offender and victim are
family or 
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        household members or persons protected by this Act; and


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            (ii) the petition, which is filed by the State's 
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        Attorney, names a
victim of the alleged crime as a 
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        petitioner.

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    (b) Filing, certification, and service fees.  No fee shall 
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be charged
by the clerk for filing, amending, vacating, 
 


 






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certifying, or photocopying
petitions or orders; or for issuing 
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alias summons; or for any
related filing service.  No
fee shall 
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be charged by the sheriff for service by the sheriff of a

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petition,
rule, motion, or order in an action commenced under 
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this Section.

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    (c) Dismissal and consolidation.  Withdrawal or dismissal 
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of any
petition for an order of protection prior to 
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adjudication where the
petitioner is represented by the State 
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shall operate as a dismissal without
prejudice.  No action for 
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an order of protection shall be dismissed because
the 
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respondent is being prosecuted for a crime against the 
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petitioner. An
independent action may be consolidated with 
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another civil proceeding, as
provided by paragraph (2) of 
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subsection (a) of this Section.  For any
action commenced under 
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paragraph (2) or (3) of subsection (a) of this Section,

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dismissal of the conjoined case (or a finding of not guilty) 
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shall not
require dismissal of the action
for the order of 
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protection; instead, it may be treated as an
independent action 
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and, if necessary and appropriate, transferred to a
different 
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court or division. Dismissal of any conjoined case shall not 
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affect
the
validity of any previously issued order of 
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protection, and thereafter
subsections (b)(1) and (b)(2) of 
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Section 220 shall be inapplicable to
such order.

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    (d) Pro se petitions.  The court shall provide, through the 
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office of
the clerk of the court, simplified forms and clerical 
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assistance to help
with the writing and filing of a petition 
 


 






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under this Section by any person
not represented by counsel.  In 
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addition, that assistance may be provided
by the state's 
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attorney. Any simplified form or written materials prepared to 
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assist with the writing and filing of a petition by a person 
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not represented by counsel shall contain a prominent written 
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notice stating that written information included in the 
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petition for protective order is given under oath and that 
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false statements are subject to prosecution for perjury.


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(Source: P.A. 93-458, eff. 1-1-04.)