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91_HB2570
LRB9103952RCks
1 AN ACT in relation to arrest procedures for domestic
2 violence incidents.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 112A-27 as follows:
7 (725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
8 Sec. 112A-27. Law enforcement policies.
9 (a) Every law enforcement agency shall develop, adopt,
10 and implement written policies regarding arrest procedures
11 for domestic violence incidents consistent with the
12 provisions of this Article. In developing these policies,
13 each law enforcement agency is encouraged to consult with
14 community organizations and other law enforcement agencies
15 with expertise in recognizing and handling domestic violence
16 incidents.
17 (b) The policies include, but are not be limited to, the
18 following:
19 (1) Statements emphasizing that:
20 (i) In most circumstances, other than those
21 under paragraph (2), a law enforcement officer
22 should arrest and take a person into custody if the
23 officer has reasonable grounds to believe that the
24 person is committing or has committed domestic
25 violence and that the person's actions constitute
26 the commission of a crime.
27 (ii) When the officer has reasonable grounds
28 to believe that spouses, former spouses or other
29 persons who reside together or formerly resided
30 together are committing or have committed domestic
31 violence against each other, the officer does not
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1 have to arrest both persons, but should arrest the
2 person whom the officer believes to be the primary
3 physical aggressor. In determining who is the
4 primary physical aggressor, an officer should
5 consider the intent of this Section to protect
6 victims of domestic violence, the relative degree of
7 injury or fear inflicted on the persons involved and
8 any history of domestic violence between these
9 persons, if that history can reasonably be
10 ascertained by the officer.
11 (iii) A law enforcement officer's decision as
12 to whether or not to arrest may not be based on the
13 consent of the victim to any subsequent prosecution
14 or on the relationship of the persons involved in
15 the incident.
16 (iv) A law enforcement officer's decision not
17 to arrest may not be based solely upon the absence
18 of visible indications of injury or impairment.
19 (2) Circumstances requiring arrest. Notwithstanding
20 subsection (b) and except as provided in paragraph (3), a
21 law enforcement officer must arrest and take a person
22 into custody if:
23 (i) The officer has reasonable grounds to
24 believe that the person is committing or has
25 committed domestic violence and that the person's
26 actions constitute the commission of a crime; and
27 (ii) Either or both of the following
28 circumstances are present:
29 (A) The officer has a reasonable basis
30 for believing that continued domestic violence
31 against the alleged victim is likely.
32 (B) There is evidence of physical injury
33 to the alleged victim.
34 (3) If the officer's reasonable grounds for belief
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1 under clause (i) of paragraph (2) are based on a report
2 of an alleged domestic violence incident, the officer is
3 required to make an arrest under clause (i) only if the
4 report is received, within 28 days after the day the
5 incident is alleged to have occurred, by the officer or
6 the law enforcement agency that employs the officer.
7 (Source: P.A. 87-1186.)
8 Section 10. The Illinois Domestic Violence Act of 1986
9 is amended by changing Section 301.1 as follows:
10 (750 ILCS 60/301.1) (from Ch. 40, par. 2313-1.1)
11 Sec. 301.1. Law enforcement policies.
12 (a) Every law enforcement agency shall develop, adopt,
13 and implement written policies regarding arrest procedures
14 for domestic violence incidents consistent with the
15 provisions of this Act. In developing these policies, each
16 law enforcement agency is encouraged to consult with
17 community organizations and other law enforcement agencies
18 with expertise in recognizing and handling domestic violence
19 incidents.
20 (b) The policies include, but are not be limited to, the
21 following:
22 (1) Statements emphasizing that:
23 (i) In most circumstances, other than those
24 under paragraph (2), a law enforcement officer
25 should arrest and take a person into custody if the
26 officer has reasonable grounds to believe that the
27 person is committing or has committed domestic
28 violence and that the person's actions constitute
29 the commission of a crime.
30 (ii) When the officer has reasonable grounds
31 to believe that spouses, former spouses or other
32 persons who reside together or formerly resided
-4- LRB9103952RCks
1 together are committing or have committed domestic
2 violence against each other, the officer does not
3 have to arrest both persons, but should arrest the
4 person whom the officer believes to be the primary
5 physical aggressor. In determining who is the
6 primary physical aggressor, an officer should
7 consider the intent of this Section to protect
8 victims of domestic violence, the relative degree of
9 injury or fear inflicted on the persons involved and
10 any history of domestic violence between these
11 persons, if that history can reasonably be
12 ascertained by the officer.
13 (iii) A law enforcement officer's decision as
14 to whether or not to arrest under this Section may
15 not be based on the consent of the victim to any
16 subsequent prosecution or on the relationship of the
17 persons involved in the incident.
18 (iv) A law enforcement officer's decision not
19 to arrest may not be based solely upon the absence
20 of visible indications of injury or impairment.
21 (2) Circumstances requiring arrest. Notwithstanding
22 subsection (b) and except as provided in paragraph (3), a
23 law enforcement officer must arrest and take a person
24 into custody if:
25 (i) The officer has reasonable grounds to
26 believe that the person is committing or has
27 committed domestic violence and that the person's
28 actions constitute the commission of a crime; and
29 (ii) Either or both of the following
30 circumstances are present:
31 (A) The officer has a reasonable basis
32 for believing that continued domestic violence
33 against the alleged victim is likely.
34 (B) There is evidence of physical injury
-5- LRB9103952RCks
1 to the alleged victim.
2 (3) If the officer's reasonable grounds for belief
3 under clause (i) of paragraph (2) are based on a report
4 of an alleged domestic violence incident, the officer is
5 required to make an arrest under clause (i) only if the
6 report is received, within 28 days after the day the
7 incident is alleged to have occurred, by the officer or
8 the law enforcement agency that employs the officer.
9 (Source: P.A. 87-1186.)