Full Text of HB1705 95th General Assembly
HB1705 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1705
Introduced 2/22/2007, by Rep. Aaron Schock SYNOPSIS AS INTRODUCED: |
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750 ILCS 60/202 |
from Ch. 40, par. 2312-2 |
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Amends the Illinois Domestic Violence Act of 1986. Provides that any forms or materials prepared for persons not represented by counsel shall contain a prominent notice stating that false information stated in a sworn petition for a protective order is subject to a perjury prosecution.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1705 |
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LRB095 09343 AJO 29538 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Domestic Violence Act of 1986 is | 5 |
| amended by changing Section 202 as follows:
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| (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
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| Sec. 202. Commencement of action; filing fees; dismissal.
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| (a) How to commence action. Actions for orders of | 9 |
| protection are commenced:
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| (1) Independently: By filing a petition for an order of | 11 |
| protection in
any civil court, unless specific courts are | 12 |
| designated by local rule or order.
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| (2) In conjunction with another civil proceeding: By
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| filing a petition for an order of protection under the same | 15 |
| case number
as another civil proceeding involving the | 16 |
| parties, including but not
limited to: (i) any proceeding | 17 |
| under the Illinois Marriage and Dissolution of
Marriage | 18 |
| Act, Illinois Parentage Act of 1984, Nonsupport of Spouse | 19 |
| and
Children Act, Revised Uniform Reciprocal Enforcement | 20 |
| of Support Act or an
action for nonsupport brought under | 21 |
| Article 10 of the
Illinois Public Aid
Code, provided that a | 22 |
| petitioner and
the respondent are a party to or the subject | 23 |
| of that proceeding or (ii) a
guardianship proceeding under |
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HB1705 |
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LRB095 09343 AJO 29538 b |
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| the Probate Act of
1975, or a proceeding for involuntary
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| commitment under the Mental Health and Developmental | 3 |
| Disabilities Code, or
any proceeding, other than a | 4 |
| delinquency petition, under the Juvenile Court
Act of 1987, | 5 |
| provided that a petitioner or the
respondent is a party to | 6 |
| or the subject of such proceeding.
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| (3) In conjunction with a delinquency petition or a
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| criminal prosecution: By filing a petition
for an order of | 9 |
| protection, under the same case number as the delinquency
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| petition or criminal prosecution, to be
granted during | 11 |
| pre-trial release of a defendant, with any dispositional | 12 |
| order
issued under Section 5-710 of the Juvenile Court Act | 13 |
| of 1987
or as a condition of release, supervision, | 14 |
| conditional discharge,
probation, periodic imprisonment, | 15 |
| parole or mandatory supervised release, or
in conjunction | 16 |
| with imprisonment or a bond forfeiture warrant; provided | 17 |
| that:
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| (i) the violation is alleged in an information, | 19 |
| complaint, indictment
or delinquency petition on file, | 20 |
| and the alleged offender and victim are
family or | 21 |
| household members or persons protected by this Act; and
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| (ii) the petition, which is filed by the State's | 23 |
| Attorney, names a
victim of the alleged crime as a | 24 |
| petitioner.
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| (b) Filing, certification, and service fees. No fee shall | 26 |
| be charged
by the clerk for filing, amending, vacating, |
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HB1705 |
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LRB095 09343 AJO 29538 b |
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| certifying, or photocopying
petitions or orders; or for issuing | 2 |
| alias summons; or for any
related filing service. No
fee shall | 3 |
| be charged by the sheriff for service by the sheriff of a
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| petition,
rule, motion, or order in an action commenced under | 5 |
| this Section.
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| (c) Dismissal and consolidation. Withdrawal or dismissal | 7 |
| of any
petition for an order of protection prior to | 8 |
| adjudication where the
petitioner is represented by the State | 9 |
| shall operate as a dismissal without
prejudice. No action for | 10 |
| an order of protection shall be dismissed because
the | 11 |
| respondent is being prosecuted for a crime against the | 12 |
| petitioner. An
independent action may be consolidated with | 13 |
| another civil proceeding, as
provided by paragraph (2) of | 14 |
| subsection (a) of this Section. For any
action commenced under | 15 |
| paragraph (2) or (3) of subsection (a) of this Section,
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| dismissal of the conjoined case (or a finding of not guilty) | 17 |
| shall not
require dismissal of the action
for the order of | 18 |
| protection; instead, it may be treated as an
independent action | 19 |
| and, if necessary and appropriate, transferred to a
different | 20 |
| court or division. Dismissal of any conjoined case shall not | 21 |
| affect
the
validity of any previously issued order of | 22 |
| protection, and thereafter
subsections (b)(1) and (b)(2) of | 23 |
| Section 220 shall be inapplicable to
such order.
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| (d) Pro se petitions. The court shall provide, through the | 25 |
| office of
the clerk of the court, simplified forms and clerical | 26 |
| assistance to help
with the writing and filing of a petition |
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HB1705 |
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LRB095 09343 AJO 29538 b |
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| under this Section by any person
not represented by counsel. In | 2 |
| addition, that assistance may be provided
by the state's | 3 |
| attorney. Any simplified form or written materials prepared to | 4 |
| assist with the writing and filing of a petition by a person | 5 |
| not represented by counsel shall contain a prominent written | 6 |
| notice stating that written information included in the | 7 |
| petition for protective order is given under oath and that | 8 |
| false statements are subject to prosecution for perjury.
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| (Source: P.A. 93-458, eff. 1-1-04.)
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