IllinoisHB5489104th General Assembly (2025–2026)House

DOMESTIC VIOLENCE-JUVENILES

Sponsored By: Sponsor information unavailable

Became Law

Summary

Amends the Illinois Domestic Violence Act of 1986. Provides that whenever a law enforcement officer has reason to believe a person is a victim under the Act from a family or household member, if the alleged offender is a juvenile, the officer may, based on the totality of the circumstances and using the abbreviated version of the Adolescent Domestic Battery Typology Tool created by the Kane County State's Attorney's Office, choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and the juvenile's family in finding alternative placement.

judiciary - criminalassignmentscriminal law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Kids stay with victim by default

If you leave the scene as the victim, officers presume it is best for any minors or dependents in your care to stay with you. They may also stay with someone you name, rather than with the alleged abuser. This guides immediate custody choices at the scene.

On-scene help for abuse victims

When police respond to family or household abuse, they must give on-the-spot help. They must provide or arrange accessible rides for you and, if you ask, your minors or dependents—to a hospital, a nearby shelter, or after hours to a judge to file an emergency order of protection. They must go with you to your home for a reasonable time so you can take needed belongings. They must give clear information in the right language or format, including available relief and the officer’s name and badge number. They must give you one referral to an accessible service agency. They must advise you to get medical care and to keep evidence, like photos and damaged clothing. If no arrest happens, they must make a police report and tell you how and where to ask prosecutors to start a case.

Diversion option for juvenile domestic cases

If the accused person is a juvenile, police may choose diversion instead of arrest. They must base this on the totality of the circumstances and use the Adolescent Domestic Battery Typology Tool. When no arrest is made under this Act, police must send the incident report to the State’s Attorney for review.

Police can seize weapons used in abuse

If police have probable cause that a specific weapon was used in the abuse, they can seize and inventory it, subject to constitutional limits. The weapon must be returned promptly when it is no longer needed as evidence, unless another law or a court order allows it to be kept.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Angelica Guerrero-Cuellar

    Affiliation unavailable

  • Celina Villanueva

    Affiliation unavailable

  • Donald P. DeWitte

    Affiliation unavailable

  • Javier L. Cervantes

    Affiliation unavailable

  • Li Arellano, Jr.

    Affiliation unavailable

  • Matt Hanson

    Affiliation unavailable

  • Patrick Sheehan

    Affiliation unavailable

  • Sally J. Turner

    Affiliation unavailable

  • Willie Preston

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 323 • No: 0

House vote 5/27/2026

Senate Floor Amendment No. 1 House Concurs

Yes: 111 • No: 0

House vote 5/25/2026

Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

Senate vote 5/21/2026

Third Reading - Passed;

Yes: 56 • No: 0

Senate vote 5/13/2026

Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law;

Yes: 10 • No: 0

Senate vote 5/6/2026

Do Pass Criminal Law;

Yes: 8 • No: 0

House vote 4/17/2026

Third Reading - Short Debate - Passed

Yes: 103 • No: 0

House vote 4/17/2026

House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 15 • No: 0

House vote 3/26/2026

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 15 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0802

    8/7/2026House
  2. Effective Date August 7, 2026

    8/7/2026House
  3. Governor Approved

    8/7/2026House
  4. Sent to the Governor

    6/25/2026House
  5. Passed Both Houses

    5/27/2026House
  6. House Concurs

    5/27/2026House
  7. Senate Floor Amendment No. 1 House Concurs 111-000-000

    5/27/2026House
  8. Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000

    5/25/2026House
  9. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/22/2026House
  10. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Matt Hanson

    5/22/2026House
  11. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

    5/21/2026House
  12. Arrived in House

    5/21/2026House
  13. Added as Alternate Co-Sponsor Sen. Willie Preston

    5/21/2026Senate
  14. Added as Alternate Co-Sponsor Sen. Javier L. Cervantes

    5/21/2026Senate
  15. Added as Alternate Co-Sponsor Sen. Li Arellano, Jr.

    5/21/2026Senate
  16. Third Reading - Passed; 056-000-000

    5/21/2026Senate
  17. Added as Alternate Chief Co-Sponsor Sen. Sally J. Turner

    5/14/2026Senate
  18. Placed on Calendar Order of 3rd Reading May 18, 2026

    5/14/2026Senate
  19. Senate Floor Amendment No. 1 Adopted; DeWitte

    5/14/2026Senate
  20. Second Reading

    5/14/2026Senate
  21. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000

    5/13/2026Senate
  22. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

    5/12/2026Senate
  23. Added as Alternate Chief Co-Sponsor Sen. Celina Villanueva

    5/7/2026Senate
  24. Senate Floor Amendment No. 1 Referred to Assignments

    5/7/2026Senate
  25. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Donald P. DeWitte

    5/7/2026Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

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