HB 4458

Abstract

Amends the Criminal Code of 2012. 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 that 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. Effective immediately.