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HB 3281

Relating to veterans.

2025 Regular Session

Illinois law now clarifies officers must assist victims and, for juveniles accused of domestic battery, may divert without arrest using a risk/typology tool, with reporting and vic

In committee upon adjournment.
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Bill Summary · HB 3281

Summary — HB 3281 / Public Act 104-0290

Status: Enacted (Public Act 104-0290). Governor approved Aug 15, 2025. Effective date: November 13, 2025.

Purpose

Modify Section 304 of the Illinois Domestic Violence Act of 1986 to (1) clarify law enforcement duties when responding to domestic violence incidents and (2) create an explicit alternative pathway for handling alleged juvenile offenders using a juvenile risk/typology-based approach.

Key provisions and changes

  • Law enforcement duties reaffirmed: whenever an officer reasonably believes a family/household member has been abused, neglected, or exploited, the officer must immediately use all reasonable means to prevent further harm. Enumerated actions include:

    • Arresting the alleged offender when appropriate.
    • Seizing and inventorying weapons when there is probable cause to believe they were used (subject to constitutional limits).
    • Accompanying victims to their residence for a reasonable time to retrieve necessary belongings.
    • Providing victims with immediate information (in an appropriate language, Braille, or sign language) including a summary of emergency protection procedures under Section 217(c) and the officer’s name and badge number.
    • Giving one referral to an accessible service agency.
    • Advising victims about medical care and evidence preservation (e.g., photographs, damaged clothing).
    • Providing/arranging transportation for victims (and requested minors/dependents) to medical care, shelter, or — after court hours — to the nearest available judge to file for an emergency order of protection.
    • Presuming that if a victim leaves the scene, minors/dependents should remain with the victim or a person designated by the victim rather than with the alleged abuser.

  • Juvenile-specific discretion: when the alleged offender is a juvenile, an officer — based on the totality of circumstances and using the Adolescent Domestic Battery Typology Tool — may choose not to arrest the juvenile and instead divert the juvenile or assist the juvenile and family in finding alternative placement. In cases where no arrest is made, the officer must forward the incident report to the State’s Attorney for review.

  • Reporting and victim notification when no arrest: officers who do not arrest must still (1) make a police report per Section 303, (2) inform the victim of the right to request initiation of criminal proceedings and provide information on how/where to meet with the State’s Attorney or other officials, and (3) advise on medical care and evidence preservation.

  • Return of seized weapons: weapons seized under the weapon-seizure provision must be returned when no longer needed for evidence, except as provided by Section 24‑6 of the Criminal Code of 2012 or by court order.

Who is affected

  • Law enforcement agencies and officers across Illinois (new formalized juvenile-discretion guidance and reporting duties).
  • Juveniles accused of domestic battery (expanded diversion option using a specified assessment tool).
  • Victims of domestic violence (expanded clarity on immediate assistance, transport, information, and presumptions about minors).
  • State’s Attorney offices (required to receive reports when no arrest is made).
  • Courts and local service agencies (increased referrals and after-hours access for emergency orders).

Legislative and timeline notes

  • Introduced Feb 25, 2025; passed both chambers with amendments and concurrence in May 2025; enrolled and sent to governor June 24, 2025.
  • Governor approved Aug 15, 2025; Public Act 104‑0290; effective Nov 13, 2025.
  • Related/companion bill: SB 1987.

This Act clarifies officer duties at domestic incidents and institutionalizes a risk/typology-informed alternative to arrest for juveniles accused of domestic battery while preserving reporting, victim-notification, and evidence-preservation requirements.

Compiled from official sources — confirm details with the bill’s official record.

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