HB5489: DOMESTIC VIOLENCE-JUVENILES

HB5489 Enrolled LRB104 19730 JRC 33180 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, if appropriate. However, if the alleged offender is 15 a juvenile, then the officer, based on the totality of the 16 circumstances and using the Adolescent Domestic Battery 17 Typology Tool , may choose not to arrest the juvenile and 18 instead may divert the juvenile or may assist the juvenile 19 and the juvenile's family in finding alternative 20 placement . In any situation in which law enforcement does 21 not make an arrest under this Act, the officer shall 22 forward the report of the incident to the State's 23 Attorney's office for review ; HB5489 Enrolled - 2 - LRB104 19730 JRC 33180 b 1 (2) If there is probable cause to believe that 2 particular weapons were used to commit the incident of 3 abuse, subject to constitutional limitations, seizing and 4 taking inventory of the weapons; 5 (3) Accompanying the victim of abuse, neglect, or 6 exploitation to his or her place of residence for a 7 reasonable period of time to remove necessary personal 8 belongings and possessions; 9 (4) Offering the victim of abuse, neglect, or 10 exploitation immediate and adequate information (written 11 in a language appropriate for the victim or in Braille or 12 communicated in appropriate sign language), which shall 13 include a summary of the procedures and relief available 14 to victims of abuse under subsection (c) of Section 217 15 and the officer's name and badge number; 16 (5) Providing the victim with one referral to an 17 accessible service agency; 18 (6) Advising the victim of abuse about seeking medical 19 attention and preserving evidence (specifically including 20 photographs of injury or damage and damaged clothing or 21 other property); and 22 (7) Providing or arranging accessible transportation 23 for the victim of abuse (and, at the victim's request, any 24 minors or dependents in the victim's care) to a medical 25 facility for treatment of injuries or to a nearby place of 26 shelter or safety; or, after the close of court business HB5489 Enrolled - 3 - LRB104 19730 JRC 33180 b 1 hours, providing or arranging for transportation for the 2 victim (and, at the victim's request, any minors or 3 dependents in the victim's care) to the nearest available 4 circuit judge or associate judge so the victim may file a 5 petition for an emergency order of protection under 6 subsection (c) of Section 217. When a victim of abuse 7 chooses to leave the scene of the offense, it shall be 8 presumed that it is in the best interests of any minors or 9 dependents in the victim's care to remain with the victim 10 or a person designated by the victim, rather than to 11 remain with the abusing party. 12 (b) Whenever a law enforcement officer does not exercise 13 arrest powers or otherwise initiate criminal proceedings, the 14 officer shall: 15 (1) Make a police report of the investigation of any 16 bona fide allegation of an incident of abuse, neglect, or 17 exploitation and the disposition of the investigation, in 18 accordance with subsection (a) of Section 303; 19 (2) Inform the victim of abuse neglect, or 20 exploitation of the victim's right to request that a 21 criminal proceeding be initiated where appropriate, 22 including specific times and places for meeting with the 23 State's Attorney's office, a warrant officer, or other 24 official in accordance with local procedure; and 25 (3) Advise the victim of the importance of seeking 26 medical attention and preserving evidence (specifically HB5489 Enrolled - 4 - LRB104 19730 JRC 33180 b 1 including photographs of injury or damage and damaged 2 clothing or other property). 3 (c) Except as provided by Section 24-6 of the Criminal 4 Code of 2012 or under a court order, any weapon seized under 5 subsection (a)(2) shall be returned forthwith to the person 6 from whom it was seized when it is no longer needed for 7 evidentiary purposes. 8 (Source: P.A. 104-290, eff. 11-13-25 .) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.