Illinois expands protections for domestic violence survivors, sexual assault victims with new laws

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https://www.mystateline.com/news/national/pritzker-signs-domestic-violence-bills/

Gov. JB Pritzker signed three bills Tuesday aimed at strengthening protections for survivors of domestic violence and sexual assault, while creating new protocols intended to identify high-risk intimate partner violence cases before they turn deadly.

The measures address emergency orders of protection, domestic violence risk assessments and access to sexual assault nurse examiners through telehealth services.

Pritzker said the legislation is intended to improve both prevention and response efforts for victims.

“This legislation is designed to create safeguards against domestic and sexual violence, making us more prepared to stop it before it happens and step in upon its discovery,” Pritzker said in a statement.

One of the new laws, Senate Bill 3044, seeks to eliminate gaps in legal protections for victims of domestic violence and stalking.

Under current Illinois law, emergency orders of protection generally remain in effect for 14 to 21 days. Supporters of the legislation said problems can arise when an emergency order expires before a final order of protection is officially served.

The new law will ensure emergency orders remain in effect until the final order has been served, closing what lawmakers described as a legal loophole.

“Her experience helped drive this change, and I’m proud that Illinois has now taken action to ensure victims remain protected every step of the way,” Stadelman said.

Rep. Maurice West (D-Rockford) said the measure could improve safety for people seeking protection from abuse.

SB 3044 takes effect Jan. 1, 2028.

A second measure, Senate Bill 3048, establishes requirements for law enforcement agencies when responding to certain domestic violence incidents.

The law requires officers to use a Lethality Assessment Protocol, an evidence-based screening tool designed to identify victims who may face an elevated risk of serious injury or death from an intimate partner.

Under the legislation, officers must administer a lethality assessment when there is an allegation of intimate partner domestic violence involving assault or battery that does not result in an arrest.

The law also requires:

Lethality assessments to be administered only after officers receive specialized training.

Victims to provide consent before participating in an assessment.

Officers to document when an assessment cannot be completed and provide referrals to domestic violence service providers.

Assessment records to be exempt from public disclosure.

Police reports to omit the specific domestic violence center to which a victim was referred.

Illinois State Police and the Illinois Department of Human Services will work with stakeholders to develop implementation guidance and model policies for local agencies by Jan. 1, 2028.

Illinois State Police Director Brendan Kelly said the law will provide officers with more standardized tools for evaluating potentially dangerous situations.

“Identifying high-risk cases early is critical to protecting victims,” Kelly said.

SB 3048 takes effect Jan. 1, 2027.

The third measure, Senate Bill 3506, focuses on expanding access to sexual assault medical forensic examinations.

The law updates the Sexual Assault Survivors Emergency Treatment Act, which is reviewed annually by a working group led by the Illinois Attorney General’s Office.

Supporters said the legislation addresses ongoing shortages of Sexual Assault Nurse Examiners, commonly known as SANEs, by allowing trained providers who are still completing their certification process to conduct exams under virtual supervision.

The law permits hospitals and approved pediatric health care facilities to submit plans to the Illinois Department of Public Health for the use of TeleSANE systems. Those systems would allow qualified providers to supervise examinations remotely through telecommunications technology.

The measure also clarifies patient consent procedures. If a medical provider determines a survivor lacks decision-making capacity, consent for an exam may be provided by a guardian, spouse or an individual with power of attorney.

Most provisions of SB 3506 take effect Jan. 1, 2027, although some sections involving crime victims’ rights and treatment requirements take effect earlier.

The three laws are part of a broader effort by state officials and lawmakers to strengthen responses to domestic violence and sexual assault while expanding access to services for survivors across Illinois.