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91_HB2629
LRB9105390EGfg
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 112A-2.
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-2 as follows:
7 (725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
8 Sec. 112A-2. Commencement of Actions.
9 (a) Actions for orders of protection are commenced in
10 conjunction with a delinquency petition or a criminal
11 prosecution by filing a petition for an order of protection,
12 under the same case number as the delinquency petition or the
13 criminal prosecution, to be granted during pre-trial release
14 of a defendant, with any dispositional order issued under
15 Section 5-710 of the Juvenile Court Act of 1987, or as a
16 condition of release, supervision, conditional discharge,
17 probation, periodic imprisonment, parole or mandatory
18 supervised release, or in conjunction with imprisonment or a
19 bond forfeiture warrant, provided that:
20 (i) the violation is alleged in an information,
21 complaint, indictment or delinquency petition on file,
22 and the alleged offender and victim are family or
23 household members, except that if the underlying offense
24 is stalking or aggravated stalking, an order of
25 protection shall be available even if the alleged
26 offender and victim are not family or household members;
27 and
28 (ii) the petition, which is filed by the State's
29 Attorney, names a victim of the alleged crime as a
30 petitioner.
31 (b) Withdrawal or dismissal of any petition for an order
-2- LRB9105390EGfg
1 of protection prior to adjudication where the petitioner is
2 represented by the state shall operate as a dismissal without
3 prejudice.
4 (c) Voluntary dismissal or withdrawal of any delinquency
5 petition or criminal prosecution or a finding of not guilty
6 shall not require dismissal of the action for the order of
7 protection; instead, in the discretion of the State's
8 Attorney, it may be treated as an independent action and, if
9 necessary and appropriate, transferred to a different court
10 or division. Dismissal of any delinquency petition or
11 criminal prosecution shall not affect the validity of any
12 previously issued order of protection, and thereafter
13 subsection (b) of Section 112A-20 shall be inapplicable to
14 that order.
15 (Source: P.A. 90-590, eff. 1-1-99.)