HB 5489

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Full Text of HB5489
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	HB5489 - 104th General Assembly
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			House Amendment 001
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		House Amendment 001
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		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,
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    Sec. 304. Assistance by law enforcement officers.
8    (a) Whenever a law enforcement officer has reason to
9believe that a person has been abused, neglected, or exploited
10by a family or household member, the officer shall immediately
11use all reasonable means to prevent further abuse, neglect, or
12exploitation, 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
13arrest powers or otherwise initiate criminal proceedings, the
14officer 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
4Code of 2012 or under a court order, any weapon seized under
5subsection (a)(2) shall be returned forthwith to the person
6from whom it was seized when it is no longer needed for
7evidentiary purposes.
8(Source: P.A. 104-290, eff. 11-13-25.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.