INVESTIGATE DOM VIOLENCE

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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,
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

(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
10
believe that a person has been abused, neglected, or exploited
11
by a family or household member, the officer shall immediately
12
use all reasonable means to prevent further abuse, neglect, or
13
exploitation, 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
5
arrest powers or otherwise initiate criminal proceedings, the
6
officer 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
22
Code of 2012 or under a court order, any weapon seized under
23
subsection (a)(2) shall be returned forthwith to the person
24
from whom it was seized when it is no longer needed for
25
evidentiary 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
4
believe that a person has been abused, neglected, or exploited
5
by a family or household member, the officer shall immediately
6
use all reasonable means to prevent further abuse, neglect, or
7
exploitation, 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
8
arrest powers or otherwise initiate criminal proceedings, the
9
officer 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
25
Code of 2012 or under a court order, any weapon seized under
26
subsection (a)(2) shall be returned forthwith to the person

SB2734
- 7 -
LRB104 16021 JRC 29279 b
1
from whom it was seized when it is no longer needed for
2
evidentiary purposes.
3
(Source: P.A. 104-290, eff. 11-13-25.)

4

Section 95.
No acceleration or delay.
Where this Act makes
5
changes in a statute that is represented in this Act by text
6
that is not yet or no longer in effect (for example, a Section
7
represented by multiple versions), the use of that text does
8
not accelerate or delay the taking effect of (i) the changes
9
made by this Act or (ii) provisions derived from any other
10
Public Act.

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