97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4461
 
Introduced 1/30/2012, 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 making a false statement to obtain 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 violation is a Class 3 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  making a false statement to obtain 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 15663 RLC 62949 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4461LRB097 15663 RLC 62949 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. Making a false statement to obtain an order of 
8protection or civil no contact order. 
9    (a) A person commits making a false statement to obtain an 
10order of protection or civil no contact order when he or she 
11knowingly makes or causes to be made any false statement 
12intending the statement to be relied upon in issuing or 
13enforcing an order of protection or civil no contact order.
14    (b)  Sentence.  Making a false statement to obtain an order 
15of protection or civil no contact order is  a Class 3 felony. 
 
16    Section 10. The Civil No Contact Order Act is amended  by 
17adding Section 218.6 as follows:
 
18    (740 ILCS 22/218.6 new)
19    Sec. 218.6. Vacating civil no contact order. Whenever any 
20person has been found guilty of a violation of Section 32-9.5 
21of the Criminal Code of 1961 and the issuing court materially 
 
 
HB4461- 2 -LRB097 15663 RLC 62949 b

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