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| Public Act 096-1171 | ||||
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Animal Control Act is amended by changing | ||||
Section 15 as follows:
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(510 ILCS 5/15) (from Ch. 8, par. 365)
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Sec. 15. (a) In order to have a dog deemed "vicious", the | ||||
Administrator,
Deputy
Administrator,
or law enforcement | ||||
officer must give notice of the
infraction that
is the basis of | ||||
the investigation to the owner, conduct a thorough
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investigation, interview
any witnesses, including the owner, | ||||
gather any existing medical records,
veterinary
medical | ||||
records or behavioral evidence, and make a detailed report | ||||
recommending
a
finding that the dog is a vicious dog and give | ||||
the report to the States
Attorney's Office and the
owner. The | ||||
Administrator, State's Attorney, Director or any citizen of the
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county in
which the dog exists may file a complaint in the | ||||
circuit court in the name of
the People of the
State of
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Illinois to deem a dog to be a vicious dog. Testimony of a | ||||
certified applied
behaviorist, a
board certified veterinary | ||||
behaviorist, or another recognized expert may be
relevant to | ||||
the
court's determination of whether the dog's behavior was | ||||
justified. The
petitioner must
prove the dog is a vicious dog | ||||
by clear and convincing evidence. The
Administrator shall | ||
determine where the animal shall be confined during the
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pendency of the case.
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A dog may not be declared vicious if the court determines | ||
the conduct of
the
dog was
justified because:
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(1) the threat, injury, or death was sustained by a | ||
person who at the time
was
committing a crime or offense | ||
upon the owner or custodian of the dog, or was committing a | ||
willful trespass or other tort upon the premises or | ||
property owned or occupied by the owner of the animal;
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(2) the injured, threatened, or killed person was | ||
abusing,
assaulting,
or physically threatening the dog or | ||
its offspring, or has in the past
abused,
assaulted, or | ||
physically threatened the dog or its offspring; or
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(3) the dog was responding to pain or injury, or was | ||
protecting itself, its
owner,
custodian, or member of its | ||
household, kennel, or offspring.
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No dog shall be deemed "vicious" if it is a professionally | ||
trained dog for
law
enforcement or guard duties. Vicious dogs | ||
shall not be classified
in a manner that is specific as to | ||
breed.
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If the burden of proof has been met, the court shall deem | ||
the dog to be a
vicious dog.
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If a dog is found to be a vicious dog, the owner shall pay a | ||
$100 public safety fine to be deposited into the Pet Population | ||
Control Fund, the dog shall be spayed or
neutered within 10 | ||
days of the finding at the expense of its
owner and | ||
microchipped, if not already, and the dog is subject to
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enclosure. If an owner fails to comply with these requirements, | ||
the animal control agency shall impound the dog and the owner | ||
shall pay a $500 fine plus impoundment fees to the animal | ||
control agency impounding the dog. The judge has the discretion | ||
to order a vicious dog be euthanized. A dog found to be a | ||
vicious dog shall not be released to the
owner until the | ||
Administrator, an Animal Control Warden, or the
Director | ||
approves the enclosure. No owner or
keeper of a vicious dog | ||
shall sell or give away the dog without
approval from the | ||
Administrator or court. Whenever an owner of a vicious dog | ||
relocates, he or she shall notify
both the
Administrator of
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County
Animal Control where he or she has relocated and the | ||
Administrator of County
Animal Control where he or she formerly | ||
resided.
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(b) It shall be unlawful for any person to keep or maintain | ||
any dog
which has been found to be a vicious dog unless the dog | ||
is
kept in an enclosure. The only times that a vicious dog may | ||
be allowed out
of the enclosure are (1) if it is necessary for | ||
the owner or keeper to
obtain veterinary care for the dog, (2) | ||
in the case of an emergency or
natural disaster where the
dog's | ||
life is threatened, or (3) to comply with the order of a
court | ||
of competent jurisdiction, provided that the dog is securely | ||
muzzled
and restrained with a leash not
exceeding 6 feet in | ||
length, and shall be under the direct control and
supervision | ||
of the owner or keeper of the dog or muzzled in its residence.
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Any dog which has been found to be a vicious dog and which | ||
is not
confined to an enclosure shall be impounded by the | ||
Administrator, an Animal
Control Warden, or the law enforcement | ||
authority having jurisdiction in
such area.
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If the owner of the dog has not appealed the impoundment | ||
order to the
circuit court in the county in which the animal | ||
was impounded within 15
working days, the dog may be | ||
euthanized.
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Upon filing a notice of appeal, the order of euthanasia | ||
shall be
automatically stayed pending the outcome of the | ||
appeal. The owner shall bear
the burden of timely notification | ||
to animal control in writing.
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Guide dogs for the blind or hearing impaired, support dogs | ||
for the
physically handicapped, accelerant detection dogs, and | ||
sentry, guard, or
police-owned dogs are
exempt from this | ||
Section; provided, an attack or injury to a person
occurs while | ||
the dog is performing duties as expected. To qualify for
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exemption under this Section, each such dog shall be currently
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inoculated against rabies in accordance with Section 8
of this | ||
Act. It shall be the duty of the owner of such exempted dog to
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notify the Administrator of changes of address. In the case of | ||
a sentry or
guard dog, the owner shall keep the Administrator | ||
advised of the location
where such dog will be stationed. The | ||
Administrator shall provide police
and fire departments with a | ||
categorized list of such exempted dogs, and
shall promptly | ||
notify such departments of any address changes reported to him.
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(c) If the animal control agency has custody of the dog, | ||
the agency may file a petition with the court requesting that | ||
the owner be ordered to post security. The security must be in | ||
an amount sufficient to secure payment of all reasonable | ||
expenses expected to be incurred by the animal control agency | ||
or animal shelter in caring for and providing for the dog | ||
pending the determination. Reasonable expenses include, but | ||
are not limited to, estimated medical care and boarding of the | ||
animal for 30 days. If security has been posted in accordance | ||
with this Section, the animal control agency may draw from the | ||
security the actual costs incurred by the agency in caring for | ||
the dog. | ||
(d) Upon receipt of a petition, the court must set a | ||
hearing on the petition, to be conducted within 5 business days | ||
after the petition is filed. The petitioner must serve a true | ||
copy of the petition upon the defendant. | ||
(e) If the court orders the posting of security, the | ||
security must be posted with the clerk of the court within 5 | ||
business days after the hearing. If the person ordered to post | ||
security does not do so, the dog is forfeited by operation of | ||
law and the animal control agency must dispose of the animal | ||
through adoption or humane euthanization.
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(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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Section 10. The Humane Care for Animals Act is amended by | ||
changing Sections 4.03 and 4.04 as follows:
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(510 ILCS 70/4.03) (from Ch. 8, par. 704.03)
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Sec. 4.03.
Teasing, striking or tampering with police | ||
animals, service
animals, accelerant detection dogs, or search | ||
and rescue dogs prohibited. It shall be unlawful for any
person | ||
to willfully and maliciously taunt, torment, tease, beat, | ||
strike, or
administer or subject any desensitizing drugs, | ||
chemicals, or substance to (i)
any animal used by a law | ||
enforcement officer in the performance of his or her
functions | ||
or duties, or when placed in confinement off duty, (ii) any | ||
service
animal, (iii) any search and rescue dog, or (iv) any | ||
police, service, or search
and rescue animal in training, or | ||
(v) any accelerant detection canine used by a fire officer for | ||
arson investigations in the performance of his or her functions | ||
or while off duty. It is unlawful for any person to interfere | ||
or
meddle with (i) any animal used by a law enforcement | ||
department or agency or
any handler thereof in the performance | ||
of the functions or duties of the
department or agency, (ii) | ||
any service animal, (iii) any search and rescue dog,
or (iv) | ||
any law enforcement, service, or search and rescue animal in | ||
training, or (v) any accelerant detection canine used by a fire | ||
officer for arson investigations in the performance of his or | ||
her functions or while off duty.
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Any person convicted of violating this Section is guilty of | ||
a Class A
misdemeanor. A second or subsequent violation is a | ||
Class 4 felony.
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(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
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(510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
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Sec. 4.04. Injuring or killing police animals, service | ||
animals, accelerant detection dogs, or search
and rescue dogs | ||
prohibited.
It shall be unlawful for any person to willfully | ||
or maliciously torture,
mutilate, injure, disable, poison, or | ||
kill (i) any animal used by a law
enforcement department or | ||
agency in the performance of the functions or duties
of the | ||
department or agency or when placed in confinement off duty, | ||
(ii) any
service animal, (iii) any search and rescue dog, or | ||
(iv) any law enforcement,
service, or search and rescue animal | ||
in training, or (v) any accelerant detection canine used by a | ||
fire officer for arson investigations in the performance of his | ||
or her functions or while off duty. However, a police officer | ||
or
veterinarian may perform euthanasia in emergency situations | ||
when delay would
cause the animal undue suffering and pain.
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A person convicted of violating this Section is guilty of a | ||
Class 4
felony if the animal is not killed or totally disabled; | ||
if
the animal is killed or totally disabled, the person is | ||
guilty of a Class 3 felony.
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(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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