Sec. 20. Commencement of action.

204 words·~1 min read·/il/chapter-740/act-147/20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An action may be commenced under this Act by the filing of a verified complaint as in civil cases.

(b)A complaint filed under this Act, and all other ancillary or collateral matters arising therefrom, including matter relating to discovery, motions, trial, and the perfection or execution of judgments shall be subject to the Code of Civil Procedure, except as may be otherwise provided in this Act, or except as the court may otherwise order upon motion of the State's Attorney or his designee in matters relating to immunity or the physical safety of witnesses.

(c)The complaint shall name each complaining State's Attorney or his designee, and the public authority represented by him or by them.

(d)The complaint shall also name as defendants the gang, all known gang officers, and any gang members specifically identified or alleged in the complaint as having participated in a course or pattern of gang-related criminal activity. The complaint may also name, as a class of defendants, all unknown gang members.

(e)When, at any point prior to trial, other specific gang officers or members become known, the complaint may be amended to include any such person as a named defendant.