093_HB3501enr HB3501 Enrolled LRB093 06501 RLC 06626 b 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 Illinois Domestic Violence Act of 1986 is 5 amended by changing Section 202 as follows: 6 (750 ILCS 60/202) (from Ch. 40, par. 2312-2) 7 Sec. 202. Commencement of action; filing fees; 8 dismissal. 9 (a) How to commence action. Actions for orders of 10 protection are commenced: 11 (1) Independently: By filing a petition for an 12 order of protection in any civil court, unless specific 13 courts are designated by local rule or order. 14 (2) In conjunction with another civil proceeding: 15 By filing a petition for an order of protection under the 16 same case number as another civil proceeding involving 17 the parties, including but not limited to: (i) any 18 proceeding under the Illinois Marriage and Dissolution of 19 Marriage Act, Illinois Parentage Act of 1984, Nonsupport 20 of Spouse and Children Act, Revised Uniform Reciprocal 21 Enforcement of Support Act or an action for nonsupport 22 brought under Article 10 of the Illinois Public Aid Code, 23 provided that a petitioner and the respondent are a party 24 to or the subject of that proceeding or (ii) a 25 guardianship proceeding under the Probate Act of 1975, or 26 a proceeding for involuntary commitment under the Mental 27 Health and Developmental Disabilities Code, or any 28 proceeding, other than a delinquency petition, under the 29 Juvenile Court Act of 1987, provided that a petitioner or 30 the respondent is a party to or the subject of such 31 proceeding. HB3501 Enrolled -2- LRB093 06501 RLC 06626 b 1 (3) In conjunction with a delinquency petition or a 2 criminal prosecution: By filing a petition for an order 3 of protection, under the same case number as the 4 delinquency petition or criminal prosecution, to be 5 granted during pre-trial release of a defendant, with any 6 dispositional order issued under Section 5-710 of the 7 Juvenile Court Act of 1987 or as a condition of release, 8 supervision, conditional discharge, probation, periodic 9 imprisonment, parole or mandatory supervised release, or 10 in conjunction with imprisonment or a bond forfeiture 11 warrant; provided that: 12 (i) the violation is alleged in an 13 information, complaint, indictment or delinquency 14 petition on file, and the alleged offender and 15 victim are family or household members or persons 16 protected by this Act; and 17 (ii) the petition, which is filed by the 18 State's Attorney, names a victim of the alleged 19 crime as a petitioner. 20 (b) Filing, certification, and service fees. No fee 21 shall be charged by the clerk for filing, amending, vacating, 22 certifying, or photocopying petitions orcertifyingorders; 23 or for issuing alias summons; or for any related filing 24 service. No fee shall be charged by the sheriff for service 25 by the sheriff of a petition, rule, motion, or order in an 26 action commenced under this Section. 27 (c) Dismissal and consolidation. Withdrawal or 28 dismissal of any petition for an order of protection prior to 29 adjudication where the petitioner is represented by the State 30 shall operate as a dismissal without prejudice. No action 31 for an order of protection shall be dismissed because the 32 respondent is being prosecuted for a crime against the 33 petitioner. An independent action may be consolidated with 34 another civil proceeding, as provided by paragraph (2) of HB3501 Enrolled -3- LRB093 06501 RLC 06626 b 1 subsection (a) of this Section. For any action commenced 2 under paragraph (2) or (3) of subsection (a) of this Section, 3 dismissal of the conjoined case (or a finding of not guilty) 4 shall not require dismissal of the action for the order of 5 protection; instead, it may be treated as an independent 6 action and, if necessary and appropriate, transferred to a 7 different court or division. Dismissal of any conjoined case 8 shall not affect the validity of any previously issued order 9 of protection, and thereafter subsections (b)(1) and (b)(2) 10 of Section 220 shall be inapplicable to such order. 11 (d) Pro se petitions. The court shall provide, through 12 the office of the clerk of the court, simplified forms and 13 clerical assistance to help with the writing and filing of a 14 petition under this Section by any person not represented by 15 counsel. In addition, that assistance may be provided by the 16 state's attorney. 17 (Source: P.A. 90-590, eff. 1-1-99.)