(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 Department of State Police, on the same day as
received, in the form and
detail the Department requires, copies of any recorded
emergency, interim, or plenary
orders of protection
issued by the court, and any foreign orders of protection 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
Automated 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 Automated Data System as soon as possible after receipt
from
the clerk.
(b) The Department of 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. 90‑392, eff. 1‑1‑98; 91‑903, eff. 1‑1‑01.)
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(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 |
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party, where appropriate;
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(2) If there is probable cause to believe that
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particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
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(3) Accompanying the victim of abuse, neglect, or
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exploitation to his or her place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
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(4) Offering the victim of abuse, neglect, or
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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;
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(5) Providing the victim with one referral to an
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accessible service agency;
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(6) Advising the victim of abuse about seeking
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medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
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(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.
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(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
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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;
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(2) Inform the victim of abuse neglect, or
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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
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(3) Advise the victim of the importance of seeking
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medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
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(c) Except as provided by Section 24‑6 of the Criminal Code of 1961 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. 87‑1186; 88‑498.)
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