Rep. Matt Hanson

Filed: 3/16/2023

 

 


 

 


 
10300HB0679ham001LRB103 04270 LNS 58642 a

1
AMENDMENT TO HOUSE BILL 679

2    AMENDMENT NO. ______. Amend House Bill 679 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 304 as follows:
 
6    (750 ILCS 60/304)  (from Ch. 40, par. 2313-4)
7    Sec. 304. Assistance by law enforcement officers.
8    (a) Whenever a law enforcement officer has reason to
9believe that a person has been abused, neglected, or exploited
10by a family or household member, the officer shall immediately
11use all reasonable means to prevent further abuse, neglect, or
12exploitation, including:
13        (1) Arresting the abusing, neglecting and exploiting
14    party, where appropriate, except in situations where the
15    alleged offending party is a juvenile and there are no
16    factors of aggravation, the law enforcement officer may

 

 

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1    seek to divert or find alternative placement without
2    initiating an arrest;
3        (2) If there is probable cause to believe that
4    particular weapons were used to commit the incident of
5    abuse, subject to constitutional limitations, seizing and
6    taking inventory of the weapons;
7        (3) Accompanying the victim of abuse, neglect, or
8    exploitation to his or her place of residence for a
9    reasonable period of time to remove necessary personal
10    belongings and possessions;
11        (4) Offering the victim of abuse, neglect, or
12    exploitation immediate and adequate information (written
13    in a language appropriate for the victim or in Braille or
14    communicated in appropriate sign language), which shall
15    include a summary of the procedures and relief available
16    to victims of abuse under subsection (c) of Section 217
17    and the officer's name and badge number;
18        (5) Providing the victim with one referral to an
19    accessible service agency;
20        (6) Advising the victim of abuse about seeking medical
21    attention and preserving evidence (specifically including
22    photographs of injury or damage and damaged clothing or
23    other property); and
24        (7) Providing or arranging accessible transportation
25    for the victim of abuse (and, at the victim's request, any
26    minors or dependents in the victim's care) to a medical

 

 

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1    facility for treatment of injuries or to a nearby place of
2    shelter or safety; or, after the close of court business
3    hours, providing or arranging for transportation for the
4    victim (and, at the victim's request, any minors or
5    dependents in the victim's care) to the nearest available
6    circuit judge or associate judge so the victim may file a
7    petition for an emergency order of protection under
8    subsection (c) of Section 217. When a victim of abuse
9    chooses to leave the scene of the offense, it shall be
10    presumed that it is in the best interests of any minors or
11    dependents in the victim's care to remain with the victim
12    or a person designated by the victim, rather than to
13    remain with the abusing party.
14    (b) Whenever a law enforcement officer does not exercise
15arrest powers or otherwise initiate criminal proceedings, the
16officer shall:
17        (1) Make a police report of the investigation of any
18    bona fide allegation of an incident of abuse, neglect, or
19    exploitation and the disposition of the investigation, in
20    accordance with subsection (a) of Section 303;
21        (2) Inform the victim of abuse neglect, or
22    exploitation of the victim's right to request that a
23    criminal proceeding be initiated where appropriate,
24    including specific times and places for meeting with the
25    State's Attorney's office, a warrant officer, or other
26    official in accordance with local procedure; and

 

 

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1        (3) Advise the victim of the importance of seeking
2    medical attention and preserving evidence (specifically
3    including photographs of injury or damage and damaged
4    clothing or other property).
5    (c) Except as provided by Section 24-6 of the Criminal
6Code of 2012 or under a court order, any weapon seized under
7subsection (a)(2) shall be returned forthwith to the person
8from whom it was seized when it is no longer needed for
9evidentiary purposes.
10(Source: P.A. 97-1150, eff. 1-25-13.)".