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91_HB4140
LRB9111813RCpk
1 AN ACT in relation to domestic violence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112A-5 as follows:
6 (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
7 Sec. 112A-5. Pleading; non-disclosure of address.
8 (a) A petition for an order of protection shall be in
9 writing and verified or accompanied by affidavit and shall
10 allege that petitioner has been abused by respondent, who is
11 a family or household member. The petition shall further set
12 forth whether there is any other pending action between the
13 parties. During the pendency of this proceeding, each party
14 has a continuing duty to inform the court of any subsequent
15 proceeding for an order of protection in this or any other
16 state.
17 (b) If the petition states that disclosure of
18 petitioner's address or, if the petitioner attends school,
19 the name and address of petitioner's school, would risk abuse
20 of petitioner or any member of petitioner's family or
21 household or reveal the confidential address of a shelter for
22 domestic violence victims, the petitioner's that address or,
23 if the petitioner attends school, the name and address of the
24 petitioner's school may be omitted from all documents filed
25 with the court. If disclosure is necessary to determine
26 jurisdiction or consider any venue issue, it shall be made
27 orally and in camera. If petitioner has not disclosed an
28 address under this subsection, petitioner shall designate an
29 alternative address at which respondent may serve notice of
30 any motions.
31 (Source: P.A. 87-1186.)
-2- LRB9111813RCpk
1 Section 10. The Illinois Domestic Violence Act of 1986
2 is amended by changing Section 203 as follows:
3 (750 ILCS 60/203) (from Ch. 40, par. 2312-3)
4 Sec. 203. Pleading; non-disclosure of address.
5 (a) A petition for an order of protection shall be in
6 writing and verified or accompanied by affidavit and shall
7 allege that petitioner has been abused by respondent, who is
8 a family or household member. The petition shall further set
9 forth whether there is any other pending action between the
10 parties. During the pendency of this proceeding, each party
11 has a continuing duty to inform the court of any subsequent
12 proceeding for an order of protection in this or any other
13 state.
14 (b) If the petition states that disclosure of
15 petitioner's address or, if the petitioner attends school,
16 the name and address of the petitioner's school, would risk
17 abuse of petitioner or any member of petitioner's family or
18 household or reveal the confidential address of a shelter for
19 domestic violence victims, the petitioner's that address or,
20 if the petitioner attends school, the name and address of the
21 petitioner's school, may be omitted from all documents filed
22 with the court. If disclosure is necessary to determine
23 jurisdiction or consider any venue issue, it shall be made
24 orally and in camera. If petitioner has not disclosed an
25 address under this subsection, petitioner shall designate an
26 alternative address at which respondent may serve notice of
27 any motions.
28 (Source: P.A. 87-1186.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.