2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 60/ - Illinois Domestic Violence Act of 1986. › Article III - Law Enforcement Responsibilities

(750 ILCS 60/Art. III heading)
ARTICLE III
LAW ENFORCEMENT RESPONSIBILITIES
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of an order of protection, under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of an order of
protection by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order, or order of protection described on a Hope Card under Section 219.5, provided by the petitioner
or respondent.
(c) Any law enforcement officer may make an arrest without warrant if the
officer has reasonable grounds to believe a defendant at liberty under
the provisions of subdivision (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal Procedure of 1963 has violated a condition of
his or her pretrial release or recognizance.
(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; 102-813, eff. 5-13-22.)
(750 ILCS 60/301.1) (from Ch. 40, par. 2313-1.1)
Sec. 301.1. Law enforcement policies.
(a) Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Act.  In developing these policies, each law enforcement agency shall consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents.
(b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.
The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17.)
(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State Police, on the
same day as received, in the form and detail the Illinois State Police requires, copies of
any recorded emergency, interim, or plenary  orders of protection issued by the
court, and any foreign orders of protection, including, but not limited to, an order of protection issued by a military judge, filed by the clerk of the court,
and transmitted to the sheriff by the clerk of the court pursuant to subsection
(b) of Section 222 of this Act.  Each order of protection shall be entered in
the Law Enforcement Agencies Data System on the same day it
is issued by the court.  If an emergency order of protection was issued in
accordance with subsection (c) of Section 217, the order shall be entered in
the Law Enforcement Agencies Data System as soon as possible
after receipt from the clerk.
(b) The Illinois State Police shall maintain a complete and systematic
record and index of all valid and recorded orders of protection issued pursuant
to this Act.  The data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of abuse, neglect,
or exploitation or violation of an order of protection of any recorded prior
incident of abuse, neglect, or exploitation involving the abused, neglected,
or exploited party and the effective dates and terms of any recorded order of
protection.
(c) The data, records and transmittals required under this Section shall
pertain to any valid emergency, interim or plenary order of protection,
whether issued in a civil or criminal proceeding or authorized under the laws
of another state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
(750 ILCS 60/303) (from Ch. 40, par. 2313-3)
Sec. 303. 
		Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse, neglect, or
exploitation between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation.  The police report shall
include
the victim's statements as to the frequency and severity of prior incidents
of abuse, neglect, or exploitation by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse, neglect, or
exploitation.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 86-542; 87-1186.)
(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, where appropriate;
(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     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 State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
(3) Advise the victim of the importance of seeking     medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 97-1150, eff. 1-25-13.)
(750 ILCS 60/305) (from Ch. 40, par. 2313-5)
Sec. 305. 
		Limited law enforcement liability. 
		Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Act shall not impose civil
liability upon the law enforcement officer or his or her supervisor or employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 84-1305.)
(750 ILCS 60/306) (from Ch. 40, par. 2313-6)
Sec. 306. 
		(Repealed).
(Source: Repealed by internal repealer, eff. 9-1-94.)