Bill Amendment: IL HB4011 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOMESTIC VIOLENCE-JUV-ASSIST

Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4011 Detail]

Download: Illinois-2023-HB4011-House_Amendment_001.html

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Rep. Matt Hanson

Filed: 3/13/2024

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AMENDMENT TO HOUSE BILL 4011
AMENDMENT NO. ______. Amend House Bill 4011 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 304 as follows:
(750 ILCS 60/304) (from Ch. 40, par. 2313-4)
Sec. 304. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to
believe that a person has been abused, neglected, or exploited
by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, neglect, or
exploitation, including:
(1) Arresting the abusing, neglecting, and exploiting
party, if where appropriate, except in situations in which
the alleged offending party is a juvenile. If the alleged
offender is a juvenile, then the officer, based on the

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totality of the circumstances, may choose not to arrest
the juvenile and instead may divert the juvenile or may
assist the juvenile and the juvenile's family in finding
alternative placement;
(2) If there is probable cause to believe that
particular weapons were used to commit the incident of
abuse, subject to constitutional limitations, seizing and
taking inventory of the weapons;
(3) Accompanying the victim of abuse, neglect, or
exploitation to his or her place of residence for a
reasonable period of time to remove necessary personal
belongings and possessions;
(4) Offering the victim of abuse, neglect, or
exploitation immediate and adequate information (written
in a language appropriate for the victim or in Braille or
communicated in appropriate sign language), which shall
include a summary of the procedures and relief available
to victims of abuse under subsection (c) of Section 217
and the officer's name and badge number;
(5) Providing the victim with one referral to an
accessible service agency;
(6) Advising the victim of abuse about seeking medical
attention and preserving evidence (specifically including
photographs of injury or damage and damaged clothing or
other property); and
(7) Providing or arranging accessible transportation

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for the victim of abuse (and, at the victim's request, any
minors or dependents in the victim's care) to a medical
facility for treatment of injuries or to a nearby place of
shelter or safety; or, after the close of court business
hours, providing or arranging for transportation for the
victim (and, at the victim's request, any minors or
dependents in the victim's care) to the nearest available
circuit judge or associate judge so the victim may file a
petition for an emergency order of protection under
subsection (c) of Section 217. When a victim of abuse
chooses to leave the scene of the offense, it shall be
presumed that it is in the best interests of any minors or
dependents in the victim's care to remain with the victim
or a person designated by the victim, rather than to
remain with the abusing party.
(b) Whenever a law enforcement officer does not exercise
arrest powers or otherwise initiate criminal proceedings, the
officer shall:
(1) Make a police report of the investigation of any
bona fide allegation of an incident of abuse, neglect, or
exploitation and the disposition of the investigation, in
accordance with subsection (a) of Section 303;
(2) Inform the victim of abuse neglect, or
exploitation of the victim's right to request that a
criminal proceeding be initiated where appropriate,
including specific times and places for meeting with the

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