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91_HB2629eng HB2629 Engrossed 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 HB2629 Engrossed -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.)