Bill Text: IL SB1595 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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 an order of protection is subject to a perjury prosecution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1595 Detail]

Download: Illinois-2011-SB1595-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1595 Introduced 2/9/2011, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
750 ILCS 60/202 from Ch. 40, par. 2312-2
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 an order of protection is subject to a perjury prosecution.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 202 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order of
protection in any civil court, unless specific courts are
designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the same
case number as another civil proceeding involving the
parties, including but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 1984, Nonsupport of Spouse
and Children Act, Revised Uniform Reciprocal Enforcement
of Support Act or an action for nonsupport brought under
Article 10 of the Illinois Public Aid Code, provided that a
petitioner and the respondent are a party to or the subject
of that proceeding or (ii) a guardianship proceeding under

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the Probate Act of 1975, or a proceeding for involuntary
commitment under the Mental Health and Developmental
Disabilities Code, or any proceeding, other than a
delinquency petition, under the Juvenile Court Act of 1987,
provided that a petitioner or the respondent is a party to
or the subject of such proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution: By filing a petition for an order of
protection, under the same case number as the delinquency
petition or criminal prosecution, to be granted during
pre-trial release of a defendant, with any dispositional
order issued under Section 5-710 of the Juvenile Court Act
of 1987 or as a condition of release, supervision,
conditional discharge, probation, periodic imprisonment,
parole or mandatory supervised release, or in conjunction
with imprisonment or a bond forfeiture warrant; provided
that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,
and the alleged offender and victim are family or
household members or persons protected by this Act; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,

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certifying, or photocopying petitions or orders; or for issuing
alias summons; or for any related filing service. No fee shall
be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent action
and, if necessary and appropriate, transferred to a different
court or division. Dismissal of any conjoined case shall not
affect the validity of any previously issued order of
protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and clerical
assistance to help with the writing and filing of a petition

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under this Section by any person not represented by counsel. In
addition, that assistance may be provided by the state's
attorney. Any simplified form or written materials prepared to
assist with the writing and filing of a petition by a person
not represented by counsel shall contain a prominent written
notice stating that written information included in the
petition for an order of protection is given under oath and
that false statements are subject to prosecution for perjury.
(Source: P.A. 93-458, eff. 1-1-04.)