Full Text of HB4011 103rd General Assembly
HB4011ham001 103RD GENERAL ASSEMBLY | Rep. Matt Hanson Filed: 3/13/2024 | | 10300HB4011ham001 | | LRB103 29843 JRC 70589 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4011
| 2 | | AMENDMENT NO. ______. Amend House Bill 4011 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended 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 | 9 | | believe that a person has been abused, neglected, or exploited | 10 | | by a family or household member, the officer shall immediately | 11 | | use all reasonable means to prevent further abuse, neglect, or | 12 | | exploitation, including: | 13 | | (1) Arresting the abusing, neglecting , and exploiting | 14 | | party, if where appropriate , except in situations in which | 15 | | the alleged offending party is a juvenile. If the alleged | 16 | | offender is a juvenile, then the officer, based on the |
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| 1 | | totality of the circumstances, may choose not to arrest | 2 | | the juvenile and instead may divert the juvenile or may | 3 | | assist the juvenile and the juvenile's family in finding | 4 | | alternative placement ; | 5 | | (2) If there is probable cause to believe that | 6 | | particular weapons were used to commit the incident of | 7 | | abuse, subject to constitutional limitations, seizing and | 8 | | taking inventory of the weapons; | 9 | | (3) Accompanying the victim of abuse, neglect, or | 10 | | exploitation to his or her place of residence for a | 11 | | reasonable period of time to remove necessary personal | 12 | | belongings and possessions; | 13 | | (4) Offering the victim of abuse, neglect, or | 14 | | exploitation immediate and adequate information (written | 15 | | in a language appropriate for the victim or in Braille or | 16 | | communicated in appropriate sign language), which shall | 17 | | include a summary of the procedures and relief available | 18 | | to victims of abuse under subsection (c) of Section 217 | 19 | | and the officer's name and badge number; | 20 | | (5) Providing the victim with one referral to an | 21 | | accessible service agency; | 22 | | (6) Advising the victim of abuse about seeking medical | 23 | | attention and preserving evidence (specifically including | 24 | | photographs of injury or damage and damaged clothing or | 25 | | other property); and | 26 | | (7) Providing or arranging accessible transportation |
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| 1 | | for the victim of abuse (and, at the victim's request, any | 2 | | minors or dependents in the victim's care) to a medical | 3 | | facility for treatment of injuries or to a nearby place of | 4 | | shelter or safety; or, after the close of court business | 5 | | hours, providing or arranging for transportation for the | 6 | | victim (and, at the victim's request, any minors or | 7 | | dependents in the victim's care) to the nearest available | 8 | | circuit judge or associate judge so the victim may file a | 9 | | petition for an emergency order of protection under | 10 | | subsection (c) of Section 217. When a victim of abuse | 11 | | chooses to leave the scene of the offense, it shall be | 12 | | presumed that it is in the best interests of any minors or | 13 | | dependents in the victim's care to remain with the victim | 14 | | or a person designated by the victim, rather than to | 15 | | remain with the abusing party. | 16 | | (b) Whenever a law enforcement officer does not exercise | 17 | | arrest powers or otherwise initiate criminal proceedings, the | 18 | | officer shall: | 19 | | (1) Make a police report of the investigation of any | 20 | | bona fide allegation of an incident of abuse, neglect, or | 21 | | exploitation and the disposition of the investigation, in | 22 | | accordance with subsection (a) of Section 303; | 23 | | (2) Inform the victim of abuse neglect, or | 24 | | exploitation of the victim's right to request that a | 25 | | criminal proceeding be initiated where appropriate, | 26 | | including specific times and places for meeting with the |
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| 1 | | State's Attorney's office, a warrant officer, or other | 2 | | official in accordance with local procedure; and | 3 | | (3) Advise the victim of the importance of seeking | 4 | | medical attention and preserving evidence (specifically | 5 | | including photographs of injury or damage and damaged | 6 | | clothing or other property). | 7 | | (c) Except as provided by Section 24-6 of the Criminal | 8 | | Code of 2012 or under a court order, any weapon seized under | 9 | | subsection (a)(2) shall be returned forthwith to the person | 10 | | from whom it was seized when it is no longer needed for | 11 | | evidentiary purposes. | 12 | | (Source: P.A. 97-1150, eff. 1-25-13.)". |
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