SB3173 - 104th General Assembly
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| 1 | AN ACT concerning domestic violence. | |||||||||||||||||||
| 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 adding Section 307 as follows: | |||||||||||||||||||
| 6 | (750 ILCS 60/307 new) | |||||||||||||||||||
| 7 | Sec. 307. Lethality assessments. | |||||||||||||||||||
| 8 | (a) When a law enforcement officer investigates an alleged | |||||||||||||||||||
| 9 | incident of domestic violence, the officer shall complete a | |||||||||||||||||||
| 10 | lethality assessment form to evaluate the likelihood of | |||||||||||||||||||
| 11 | serious injury or death. To administer the assessment the law | |||||||||||||||||||
| 12 | enforcement officer shall ask the victim the following | |||||||||||||||||||
| 13 | questions about the person who is the alleged cause of the | |||||||||||||||||||
| 14 | lethality assessment, in the same or similar wording and in | |||||||||||||||||||
| 15 | the same order: | |||||||||||||||||||
| 16 | (1) Has [insert the name of person who is alleged to | |||||||||||||||||||
| 17 | have committed the act of domestic violence] ever used a | |||||||||||||||||||
| 18 | weapon against you or threatened to do so? | |||||||||||||||||||
| 19 | (2) Has [insert the name of person who is alleged to | |||||||||||||||||||
| 20 | have committed the act of domestic violence] ever | |||||||||||||||||||
| 21 | threatened to kill you, your children, or your pets? | |||||||||||||||||||
| 22 | (3) Do you believe [insert the name of person who is | |||||||||||||||||||
| 23 | alleged to have committed the act of domestic violence] | |||||||||||||||||||
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| 1 | may try to kill you or has he or she ever tried to kill | ||||||
| 2 | you? | ||||||
| 3 | (4) Has [insert the name of person who is alleged to | ||||||
| 4 | have committed the act of domestic violence] ever | ||||||
| 5 | strangled or choked you or attempted to do so? | ||||||
| 6 | (5) Does [insert the name of person who is alleged to | ||||||
| 7 | have committed the act of domestic violence] have a | ||||||
| 8 | firearm or could easily get one? | ||||||
| 9 | (6) Is [insert the name of person who is alleged to | ||||||
| 10 | have committed the act of domestic violence] violent or | ||||||
| 11 | constantly jealous, or is he or she controlling of most of | ||||||
| 12 | your daily activities? | ||||||
| 13 | (7) Are you separated from [insert the name of person | ||||||
| 14 | who is alleged to have committed the act of domestic | ||||||
| 15 | violence], or has he or she left your home because he or | ||||||
| 16 | she may hurt you? | ||||||
| 17 | (8) Is [insert the name of person who is alleged to | ||||||
| 18 | have committed the act of domestic violence] unemployed? | ||||||
| 19 | (9) Has [insert the name of person who is alleged to | ||||||
| 20 | have committed the act of domestic violence] ever | ||||||
| 21 | threatened to kill him or herself? | ||||||
| 22 | (10) Do you have a child with [insert the name of | ||||||
| 23 | person who is alleged to have committed the act of | ||||||
| 24 | domestic violence] who he or she believes is not his or her | ||||||
| 25 | biological child? | ||||||
| 26 | (11) Does [insert the name of person who is alleged to | ||||||
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| 1 | have committed the act of domestic violence] follow, spy | ||||||
| 2 | on, or send threatening messages to you? | ||||||
| 3 | (12) Is there anything else that worries you about | ||||||
| 4 | your safety and, if so, what worries you? | ||||||
| 5 | (b) A law enforcement officer shall advise the victim of | ||||||
| 6 | the results of the assessment and refer the victim to the local | ||||||
| 7 | domestic violence program and provide the number of the | ||||||
| 8 | Illinois State Domestic Violence Hotline. | ||||||
| 9 | (c) If the victim does not or is unable to provide | ||||||
| 10 | information to a law enforcement officer sufficient to | ||||||
| 11 | administer or complete a lethality assessment, the law | ||||||
| 12 | enforcement officer shall note the lack of a lethality | ||||||
| 13 | assessment in a written police report and attempt to refer the | ||||||
| 14 | victim to the nearest certified domestic violence program or | ||||||
| 15 | the Illinois Domestic Violence Hotline. | ||||||
| 16 | (d) The personal identifying information of the offender | ||||||
| 17 | and the results of the lethality assessment shall be given to | ||||||
| 18 | the officer's supervisor and filed with the law enforcement | ||||||
| 19 | agency in a manner that will allow aggregate data on domestic | ||||||
| 20 | violence cases to be compiled. | ||||||
