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Illinois General Assembly· HB 3281Governor Approved

DOM VIOLENCE-JUV-ASSISTANCE, the official text

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HB3281 Enrolled                     LRB104 10429 JRC 20504 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 where appropriate. However, if the alleged

15  offender is a juvenile, then the officer, based on the

16  totality of the circumstances and using the Adolescent

17  Domestic Battery Typology Tool, may choose not to arrest

18  the juvenile and instead may divert the juvenile or may

19  assist the juvenile and the juvenile's family in finding

20  alternative placement. In any situation in which law

21  enforcement does not make an arrest under this Act, the

22  officer shall forward the report of the incident to the

23  State's Attorney's office for review;
    HB3281 Enrolled       -2-         LRB104 10429 JRC 20504 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
    HB3281 Enrolled  -3-            LRB104 10429 JRC 20504 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
   HB3281 Enrolled       -4-             LRB104 10429 JRC 20504 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. 97-1150, eff. 1-25-13.)

9  Section 99. Effective date. This Act takes effect 90 days

10 after becoming law.
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