SB 2734

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Full Text of SB2734
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	SB2734 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2734
Introduced 10/28/2025, by Sen. Julie A. Morrison
SYNOPSIS AS INTRODUCED:
750 ILCS 60/304	  from Ch. 40, par. 2313-4
Amends the Illinois Domestic Violence Act of 1986. Requires a law enforcement officer to complete the intimate partner violence risk and lethality assessment instrument if the officer has a reasonable belief that a person has been abused, neglected, or exploited by a family or household member.
LRB104 16021 JRC 29279 b
A BILL FOR
		SB2734		LRB104 16021 JRC 29279 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 304 as follows:
6    (750 ILCS 60/304)  (from Ch. 40, par. 2313-4)
7    (Text of Section before amendment by P.A. 104-290)
8    Sec. 304. Assistance by law enforcement officers.
9    (a) Whenever a law enforcement officer has reason to
10believe that a person has been abused, neglected, or exploited
11by a family or household member, the officer shall immediately
12use all reasonable means to prevent further abuse, neglect, or
13exploitation, including:
14        (1) Arresting the abusing, neglecting and exploiting
15    party, where appropriate;
16        (2) If there is probable cause to believe that
17    particular weapons were used to commit the incident of
18    abuse, subject to constitutional limitations, seizing and
19    taking inventory of the weapons;
20        (3) Accompanying the victim of abuse, neglect, or
21    exploitation to his or her place of residence for a
22    reasonable period of time to remove necessary personal
23    belongings and possessions;
		SB2734	- 2 -	LRB104 16021 JRC 29279 b
1        (4) Offering the victim of abuse, neglect, or
2    exploitation immediate and adequate information (written
3    in a language appropriate for the victim or in Braille or
4    communicated in appropriate sign language), which shall
5    include a summary of the procedures and relief available
6    to victims of abuse under subsection (c) of Section 217
7    and the officer's name and badge number;
8        (5) Providing the victim with one referral to an
9    accessible service agency;
10        (6) Advising the victim of abuse about seeking medical
11    attention and preserving evidence (specifically including
12    photographs of injury or damage and damaged clothing or
13    other property); and
14        (7) Providing or arranging accessible transportation
15    for the victim of abuse (and, at the victim's request, any
16    minors or dependents in the victim's care) to a medical
17    facility for treatment of injuries or to a nearby place of
18    shelter or safety; or, after the close of court business
19    hours, providing or arranging for transportation for the
20    victim (and, at the victim's request, any minors or
21    dependents in the victim's care) to the nearest available
22    circuit judge or associate judge so the victim may file a
23    petition for an emergency order of protection under
24    subsection (c) of Section 217. When a victim of abuse
25    chooses to leave the scene of the offense, it shall be
26    presumed that it is in the best interests of any minors or
		SB2734	- 3 -	LRB104 16021 JRC 29279 b
1    dependents in the victim's care to remain with the victim
2    or a person designated by the victim, rather than to
3    remain with the abusing party.
4    (b) Whenever a law enforcement officer does not exercise
5arrest powers or otherwise initiate criminal proceedings, the
6officer shall:
7        (1) Make a police report of the investigation of any
8    bona fide allegation of an incident of abuse, neglect, or
9    exploitation and the disposition of the investigation, in
10    accordance with subsection (a) of Section 303;
11        (2) Inform the victim of abuse neglect, or
12    exploitation of the victim's right to request that a
13    criminal proceeding be initiated where appropriate,
14    including specific times and places for meeting with the
15    State's Attorney's office, a warrant officer, or other
16    official in accordance with local procedure; and
17        (3) Advise the victim of the importance of seeking
18    medical attention and preserving evidence (specifically
19    including photographs of injury or damage and damaged
20    clothing or other property).
21    (c) Except as provided by Section 24-6 of the Criminal
22Code of 2012 or under a court order, any weapon seized under
23subsection (a)(2) shall be returned forthwith to the person
24from whom it was seized when it is no longer needed for
25evidentiary purposes.
26(Source: P.A. 97-1150, eff. 1-25-13.)
		SB2734	- 4 -	LRB104 16021 JRC 29279 b
1    (Text of Section after amendment by P.A. 104-290)
2    Sec. 304. Assistance by law enforcement officers.
3    (a) Whenever a law enforcement officer has reason to
4believe that a person has been abused, neglected, or exploited
5by a family or household member, the officer shall immediately
6use all reasonable means to prevent further abuse, neglect, or
7exploitation, including:
8        (1) Arresting the abusing, neglecting, and exploiting
9    party, if appropriate. However, if the alleged offender is
10    a juvenile, then the officer, based on the totality of the
11    circumstances and using the Adolescent Domestic Battery
12    Typology Tool, may choose not to arrest the juvenile and
13    instead may divert the juvenile or may assist the juvenile
14    and the juvenile's family in finding alternative
15    placement. In any situation in which law enforcement does
16    not make an arrest under this Act, the officer shall
17    forward the report of the incident to the State's
18    Attorney's office for review;
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
24    exploitation to his or her place of residence for a
25    reasonable period of time to remove necessary personal
		SB2734	- 5 -	LRB104 16021 JRC 29279 b
1    belongings and possessions;
2        (3.5) complete the intimate partner violence risk and 
3    lethality assessment instrument;
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
		SB2734	- 6 -	LRB104 16021 JRC 29279 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
8arrest powers or otherwise initiate criminal proceedings, the
9officer 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
25Code of 2012 or under a court order, any weapon seized under
26subsection (a)(2) shall be returned forthwith to the person
		SB2734	- 7 -	LRB104 16021 JRC 29279 b
1from whom it was seized when it is no longer needed for
2evidentiary purposes.
3(Source: P.A. 104-290, eff. 11-13-25.)
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.