Full Text of HB4011 103rd General Assembly
HB4011 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4011 Introduced 3/8/2023, by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: |
|
750 ILCS 60/304 | from Ch. 40, par. 2313-4 |
|
Amends the Illinois Domestic Violence Act of 1986. Provides that if a law enforcement officer has reason to believe that a person
has been abused, neglected, or exploited by a family or household member, in situations where the alleged offending party is a juvenile and there are no factors of aggravation, the
law enforcement officer may seek to divert or find alternative placement without initiating an arrest.
|
| |
| | A BILL FOR |
|
| | | HB4011 | | LRB103 29843 LNS 56251 b |
|
| 1 | | AN ACT concerning domestic violence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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, 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 | 17 | | seek to divert or find alternative placement without | 18 | | initiating an arrest ;
| 19 | | (2) If there is probable cause to believe that | 20 | | particular weapons were
used to commit the incident of | 21 | | abuse, subject to constitutional limitations,
seizing and | 22 | | taking inventory of the weapons;
| 23 | | (3) Accompanying the victim of abuse, neglect, or |
| | | HB4011 | - 2 - | LRB103 29843 LNS 56251 b |
|
| 1 | | exploitation to
his or her place of residence for a | 2 | | reasonable period of time to
remove necessary personal | 3 | | belongings and possessions;
| 4 | | (4) Offering the victim of abuse, neglect, or | 5 | | exploitation immediate
and adequate information (written | 6 | | in a language appropriate for the
victim or in Braille or | 7 | | communicated in appropriate sign language), which shall
| 8 | | include a summary of the procedures and relief available | 9 | | to victims of abuse
under subsection (c) of Section 217 | 10 | | and the officer's name and badge number;
| 11 | | (5) Providing the victim with one referral to an | 12 | | accessible service
agency;
| 13 | | (6) Advising the victim of abuse about seeking medical | 14 | | attention and
preserving evidence (specifically including | 15 | | photographs of injury or damage
and damaged clothing or | 16 | | other property); and
| 17 | | (7) Providing or arranging accessible transportation | 18 | | for the victim of
abuse (and, at the victim's request, any | 19 | | minors or dependents in the
victim's care) to a medical | 20 | | facility for treatment of injuries or to a
nearby place of | 21 | | shelter or safety; or, after the close of court business
| 22 | | hours, providing or arranging for transportation for the | 23 | | victim (and, at
the victim's request, any minors or | 24 | | dependents in the victim's care) to the
nearest available | 25 | | circuit judge or associate judge so the victim may file a
| 26 | | petition for an emergency order of protection under |
| | | HB4011 | - 3 - | LRB103 29843 LNS 56251 b |
|
| 1 | | subsection (c) of Section
217. When a victim of abuse | 2 | | chooses to leave the scene of the offense, it
shall be | 3 | | presumed that it is in the best interests of any minors or | 4 | | dependents
in the victim's care to remain with the victim | 5 | | or a person designated by the
victim, rather than to | 6 | | remain with the abusing party.
| 7 | | (b) Whenever a law enforcement officer does not exercise | 8 | | arrest powers
or otherwise initiate criminal proceedings, the | 9 | | officer shall:
| 10 | | (1) Make a police report of the investigation of any | 11 | | bona fide allegation
of an incident of abuse, neglect, or | 12 | | exploitation and the disposition
of the investigation, in | 13 | | accordance with subsection (a) of Section 303;
| 14 | | (2) Inform the victim of abuse neglect, or | 15 | | exploitation of the
victim's right to request that a | 16 | | criminal proceeding be initiated where
appropriate, | 17 | | including specific times and places for meeting with the | 18 | | State's
Attorney's office, a warrant officer, or other | 19 | | official in accordance with
local procedure; and
| 20 | | (3) Advise the victim of the importance of seeking | 21 | | medical attention
and preserving evidence (specifically | 22 | | including photographs of injury
or damage and damaged | 23 | | clothing or other property).
| 24 | | (c) Except as provided by Section 24-6 of the Criminal | 25 | | Code of 2012 or
under a court order, any weapon seized under | 26 | | subsection (a)(2) shall be
returned forthwith to the person |
| | | HB4011 | - 4 - | LRB103 29843 LNS 56251 b |
|
| 1 | | from whom it was seized when it is no longer
needed for | 2 | | evidentiary purposes.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
|