97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3470
 
Introduced 2/24/2011, by Rep. Anthony DeLuca
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/32-9.5 new
740 ILCS 22/218.6 new
750 ILCS 60/224.5 new

     Amends the Criminal Code of 1961.  Creates the offense of falsifying an order of protection or civil no contact order. Provides that a person commits the offense when he or she knowingly makes or causes to be made any false statement intending the statement to be relied upon in issuing or enforcing an order of protection or civil no contact order.  Provides that a first offense is a Class A misdemeanor and a second or subsequent offense is a Class 4 felony.  Amends the Civil No Contact Order Act and the Illinois Domestic Violence Act of 1986.  Provides that whenever any person is found guilty of  falsifying an order of protection or civil no contact order and the issuing court materially relied on the false statement when it issued the order, then the issuing court shall vacate that order.  Provides that in such case, all records relating to the petition filed under the respective  Act shall be expunged.  Provides that if the statement was not material to the issuance of the order, then the court shall modify the order to the extent justice requires.
  


LRB097 05095 RLC 45138 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3470LRB097 05095 RLC 45138 b


  
1    AN ACT concerning court orders.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by adding 
5Section 32-9.5 as follows:
 
6    (720 ILCS 5/32-9.5 new)
7    Sec. 32-9.5. Falsifying an order of protection or civil no 
8contact order. 
9    (a) A person commits the offense of falsifying an order of 
10protection or civil no contact order when he or she knowingly 
11makes or causes to be made any false statement intending the 
12statement to be relied upon in issuing or enforcing an order of 
13protection or civil no contact order.
14    (b)  Sentence.  Falsifying an order of protection or civil no 
15contact order is  a Class A misdemeanor.  A second or subsequent 
16violation is a Class 4 felony. 
 
17    Section 10. The Civil No Contact Order Act is amended  by 
18adding Section 218.6 as follows:
 
19    (740 ILCS 22/218.6 new)
20    Sec. 218.6. Vacating civil no contact order. Whenever any 
21person has been found guilty of a violation of Section 32-9.5 
 
 
HB3470- 2 -LRB097 05095 RLC 45138 b

1of the Criminal Code of 1961 and the issuing court materially 
2relied on the false statement when it issued the order, then 
3the issuing court shall vacate that civil no contact order.  In 
4such case, all records relating to the petition filed under 
5this Act shall be expunged.  If the statement was not material 
6to the issuance of the order, then the court shall modify the 
7order to the extent justice requires.
 
8    Section 15. The Illinois Domestic Violence Act of 1986 is 
9amended  by adding Section 224.5 as follows:
 
10    (750 ILCS 60/224.5 new)
11    Sec. 224.5. Vacating order of protection. Whenever any 
12person has been found guilty of a violation of Section 32-9.5 
13of the Criminal Code of 1961 and the issuing court materially 
14relied on the false statement when it issued the order, then 
15the issuing court shall vacate that order of protection.  In 
16such case, all records relating to the petition filed under 
17this Act shall be expunged.  If the statement was not material 
18to the issuance of the order, then the court shall modify the 
19order to the extent justice requires.