ILCS » Chapter 750 · Act 60
Illinois Compiled Statutes

750 ILCS 60/305 (2026)

Limited law enforcement liability

✓ current as of May 2026
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(750 ILCS 60/305) (from Ch. 40, par. 2313-5)
    Sec. 305. Limited law enforcement liability. Any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance, executing search warrants under this Act, or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct.
(Source: P.A. 103-1065, eff. 5-11-25.)

    
Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1994–2024 · leading case: Moore v. Green, 848 N.E.2d 1015 (Ill. 2006).
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Moore v. Green, 848 N.E.2d 1015 (Ill. 2006). · cites it 14× “Justice FITZGERALD delivered the judgment of the court: The sole issue in this case is whether the absolute immunity provided by section 4-102 or 4-107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/4-102, 4-107 (West 2002)) or the limited…”
Lacey v. Vill. of Palatine, 904 N.E.2d 18 (Ill. 2009). · cites it 4× “Defendants moved to dismiss plaintiffs complaint pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2 — 619(a)(9) (West 2006)) on the basis that they were not enforcing the Act and, therefore, were not subject to the limitations on immunity provided in…”
Calloway v. Kinkelaar, 659 N.E.2d 1322 (Ill. 1995). · cites it 4× “) 750 ILCS 60/305 (West 1992). The language of section 305 plainly intends that officers are not to be held civilly liable for mere negligence in the good-faith performance of their duties under the Act.”
Murray v. Chicago Youth Ctr., 864 N.E.2d 176 (Ill. 2007). “” 750 ILCS 60/305 (West 1992). The legislature thus expressly provided a willful and wanton exception applicable to acts of omission as well as overt conduct.”
Abruzzo v. City of Park Ridge, 898 N.E.2d 631 (Ill. 2008). “The sole issue was whether the absolute immunity provisions of the Tort Immunity Act (745 ILCS 10/4—102, 4—107 (West 2002)), or the limited immunity provision of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 2002)), governed the plaintiffs allegations.”
Moore v. Chicago Police Dep't Officer Christopher Green, 822 N.E.2d 69 (Ill. App. Ct. 2004). · cites it 4× “The plaintiff argued in her response that section 305 of the Domestic Violence Act (750 ILCS 60/305 (West 2002)), which provides an exception to law enforcement immunity for conduct which is willful and wanton, controlled her causes of action rather than section 4 — 102 or 4 —…”
Taylor v. City of Chicago, 2024 IL App (1st) 221232 (Ill. App. Ct. 2024). · cites it 2× “s Liability Is Based on Its Failure to Take Reasonable Steps to Protect Vanessa on June 28-29, 2015, Not Its Failure to Protect Vanessa on the Date of Her Death ¶ 72 The City next argues that, regardless of whether officers owed Vanessa a duty under the Act, it may not be held…”
Romito v. City of Chicago, 2019 IL App (1st) 181152 (Ill. App. Ct. 2019). · cites it 2× “Plaintiff argues, for the first time on appeal, that the source of the immunity for Leverett in responding to a domestic violence call is found in section 305 of the Domestic Violence Act (750 ILCS 60/305 (West 2016)), which requires a finding of good faith, and not under the…”
Lacey v. Vill. of Palatine, 882 N.E.2d 1187 (Ill. App. Ct. 2008). · cites it 5× “(West 2006)) and the Domestic Violence Act (750 ILCS 60/305 (West 2006)). Plaintiffs’ 76-count complaint made allegations against the City of Chicago and its detective, Darryl Daily; the Village of Palatine and its detectives, Brian Bertnik, Tully and Kraeger (first names not of…”
Davis v. Vill. of Maywood, 2023 IL App (1st) 211373 (Ill. App. Ct. 2023). · cites it 7× “” 750 ILCS 60/305 (West 2016). Thus, the issue presented in this second appeal is whether it was error to grant the municipality’s -2- 1-21-1373 motion to dismiss on the basis that the plaintiffs did not and could not allege willful and wanton misconduct.”
Abruzzo v. City of Park Ridge, 870 N.E.2d 1012 (Ill. App. Ct. 2007). · cites it 2× “Plaintiff, however, contended that section 305 of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 2002)), which provided limited immunity for failing to render emergency assistance or enforce the statute “trumped” sections 4 — 102 and 4 — 107.”
People v. Jones, 2015 IL App (2d) 130387 (Ill. App. Ct. 2015). “3d 1149, 1159 (1999) (Illinois Domestic Violence Act of 1986 (750 ILCS 60/305 (West 1994)) puts an affirmative duty on the police to respond to and investigate complaints); see also 750 ILCS 60/304(a) (West 2010).”
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