Illinois 2023-2024 Regular Session

Illinois House Bill HB4011 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4011 Introduced , 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. LRB103 29843 LNS 56251 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4011 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: 750 ILCS 60/304 from Ch. 40, par. 2313-4 750 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. LRB103 29843 LNS 56251 b LRB103 29843 LNS 56251 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4011 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
3	3	750 ILCS 60/304 from Ch. 40, par. 2313-4 750 ILCS 60/304 from Ch. 40, par. 2313-4
4	4	750 ILCS 60/304 from Ch. 40, par. 2313-4
5	5	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.
6	6	LRB103 29843 LNS 56251 b LRB103 29843 LNS 56251 b
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8	8	A BILL FOR
9	9	HB4011LRB103 29843 LNS 56251 b HB4011 LRB103 29843 LNS 56251 b
10	10	HB4011 LRB103 29843 LNS 56251 b
11	11	1 AN ACT concerning domestic violence.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Domestic Violence Act of 1986 is
15	15	5 amended by changing Section 304 as follows:
16	16	6 (750 ILCS 60/304) (from Ch. 40, par. 2313-4)
17	17	7 Sec. 304. Assistance by law enforcement officers.
18	18	8 (a) Whenever a law enforcement officer has reason to
19	19	9 believe that a person has been abused, neglected, or exploited
20	20	10 by a family or household member, the officer shall immediately
21	21	11 use all reasonable means to prevent further abuse, neglect, or
22	22	12 exploitation, including:
23	23	13 (1) Arresting the abusing, neglecting and exploiting
24	24	14 party, where appropriate, except in situations where the
25	25	15 alleged offending party is a juvenile and there are no
26	26	16 factors of aggravation, the law enforcement officer may
27	27	17 seek to divert or find alternative placement without
28	28	18 initiating an arrest;
29	29	19 (2) If there is probable cause to believe that
30	30	20 particular weapons were used to commit the incident of
31	31	21 abuse, subject to constitutional limitations, seizing and
32	32	22 taking inventory of the weapons;
33	33	23 (3) Accompanying the victim of abuse, neglect, or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4011 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
38	38	750 ILCS 60/304 from Ch. 40, par. 2313-4 750 ILCS 60/304 from Ch. 40, par. 2313-4
39	39	750 ILCS 60/304 from Ch. 40, par. 2313-4
40	40	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.
41	41	LRB103 29843 LNS 56251 b LRB103 29843 LNS 56251 b
42	42	LRB103 29843 LNS 56251 b
43	43	A BILL FOR
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49	49	750 ILCS 60/304 from Ch. 40, par. 2313-4
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68	68	1 exploitation to his or her place of residence for a
69	69	2 reasonable period of time to remove necessary personal
70	70	3 belongings and possessions;
71	71	4 (4) Offering the victim of abuse, neglect, or
72	72	5 exploitation immediate and adequate information (written
73	73	6 in a language appropriate for the victim or in Braille or
74	74	7 communicated in appropriate sign language), which shall
75	75	8 include a summary of the procedures and relief available
76	76	9 to victims of abuse under subsection (c) of Section 217
77	77	10 and the officer's name and badge number;
78	78	11 (5) Providing the victim with one referral to an
79	79	12 accessible service agency;
80	80	13 (6) Advising the victim of abuse about seeking medical
81	81	14 attention and preserving evidence (specifically including
82	82	15 photographs of injury or damage and damaged clothing or
83	83	16 other property); and
84	84	17 (7) Providing or arranging accessible transportation
85	85	18 for the victim of abuse (and, at the victim's request, any
86	86	19 minors or dependents in the victim's care) to a medical
87	87	20 facility for treatment of injuries or to a nearby place of
88	88	21 shelter or safety; or, after the close of court business
89	89	22 hours, providing or arranging for transportation for the
90	90	23 victim (and, at the victim's request, any minors or
91	91	24 dependents in the victim's care) to the nearest available
92	92	25 circuit judge or associate judge so the victim may file a
93	93	26 petition for an emergency order of protection under
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104	104	1 subsection (c) of Section 217. When a victim of abuse
105	105	2 chooses to leave the scene of the offense, it shall be
106	106	3 presumed that it is in the best interests of any minors or
107	107	4 dependents in the victim's care to remain with the victim
108	108	5 or a person designated by the victim, rather than to
109	109	6 remain with the abusing party.
110	110	7 (b) Whenever a law enforcement officer does not exercise
111	111	8 arrest powers or otherwise initiate criminal proceedings, the
112	112	9 officer shall:
113	113	10 (1) Make a police report of the investigation of any
114	114	11 bona fide allegation of an incident of abuse, neglect, or
115	115	12 exploitation and the disposition of the investigation, in
116	116	13 accordance with subsection (a) of Section 303;
117	117	14 (2) Inform the victim of abuse neglect, or
118	118	15 exploitation of the victim's right to request that a
119	119	16 criminal proceeding be initiated where appropriate,
120	120	17 including specific times and places for meeting with the
121	121	18 State's Attorney's office, a warrant officer, or other
122	122	19 official in accordance with local procedure; and
123	123	20 (3) Advise the victim of the importance of seeking
124	124	21 medical attention and preserving evidence (specifically
125	125	22 including photographs of injury or damage and damaged
126	126	23 clothing or other property).
127	127	24 (c) Except as provided by Section 24-6 of the Criminal
128	128	25 Code of 2012 or under a court order, any weapon seized under
129	129	26 subsection (a)(2) shall be returned forthwith to the person
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140	140	1 from whom it was seized when it is no longer needed for
141	141	2 evidentiary purposes.
142	142	3 (Source: P.A. 97-1150, eff. 1-25-13.)
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