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90_HB0760ham001
LRB9002886RCksam
1 AMENDMENT TO HOUSE BILL 760
2 AMENDMENT NO. . Amend House Bill 760 by replacing
3 the title with the following:
4 "An Act to amend the Code of Criminal Procedure of 1963
5 by changing Section 112A-6."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 112A-6 as follows:
10 (725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
11 Sec. 112A-6. Application of rules of civil procedure;
12 criminal law.
13 (a) Any proceeding to obtain, modify, reopen or appeal
14 an order of protection, whether commenced alone or in
15 conjunction with a civil or criminal proceeding, shall be
16 governed by the rules of civil procedure of this State. The
17 standard of proof in such a proceeding is proof by a
18 preponderance of the evidence, whether the proceeding is
19 heard in criminal or civil court. The Code of Civil
20 Procedure and Supreme Court and local court rules applicable
21 to civil proceedings, as now or hereafter amended, shall
-2- LRB9002886RCksam
1 apply, except as otherwise provided by law. Civil law on
2 venue, discovery, and on penalties for untrue statements
3 shall not apply to order of protection proceedings heard
4 under this Article 112A in Criminal Court.
5 (b) Criminal law on discovery, venue, and on penalties
6 for untrue statements apply to orders of protection
7 proceedings heard under this Article 112A.
8 (Source: P.A. 87-1186.)".