SB2294sam002 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/22/2018

10000SB2294sam002 LRB100 16008 SLF 36099 a

AMENDMENT TO SENATE BILL 2294

AMENDMENT NO. ______. Amend Senate Bill 2294 by replacing everything after the enacting clause with the following:

"Section 5. The Humane Care for Animals Act is amended by adding Section 7.2 as follows:

(510 ILCS 70/7.2 new)

Sec. 7.2. Persons removing a domestic animal from a locked vehicle exempt from criminal and civil liability.

(a) In this Section:

"Domestic animal" means a dog or cat.

"Vehicle" means a motor vehicle or any other vehicle that is used to transport persons or cargo and that is enclosed.

(b) A person is immune from criminal liability for criminal damage to property under Section 21-1 of the Criminal Code of 2012 and criminal trespass to vehicles under Section 21-2 of the Criminal Code of 2012 resulting from his or her forcible entry into a vehicle and from civil liability for property damage if:

(1) a domestic animal was present in the vehicle and the person had a good faith belief that the domestic animal was in imminent danger of suffering bodily harm unless the domestic animal was removed from the vehicle or exited the vehicle;

(2) the person contacted a 9-1-1 emergency telephone system operator or otherwise contacted law enforcement, emergency medical services, or animal control prior to forcibly entering the vehicle;

(3) the person determined that the vehicle was locked and forcible entry was necessary to enable the person to enter the vehicle or to enable the domestic animal to be removed from or to exit the vehicle;

(4) the person remained with the domestic animal until a law enforcement officer, emergency medical service provider, animal control officer, or other emergency medical responder arrived at the scene;

(5) the person makes a reasonable attempt to locate the owner or operator of the vehicle;

(6) the person used no more force than he or she reasonably believed necessary to enter the vehicle in order to remove the domestic animal or allow the domestic animal to exit the vehicle; and

(7) if the person left the scene before the owner or operator of the vehicle returned to the scene, the person placed a notice on the windshield of the vehicle that included his or her name, telephone number, mailing address, the reason he or she entered the vehicle, and the location, if known, of the domestic animal when the person left the scene.

Section 10. The Criminal Code of 2012 is amended by adding Section 12-5.03 as follows:

(720 ILCS 5/12-5.03 new)

Sec. 12-5.03. Removing a person from a locked vehicle exempt from criminal and civil liability.

(a) In this Section "vehicle" means a motor vehicle or any other vehicle that is used to transport persons or cargo and that is enclosed.

(b) A person is immune from criminal liability for criminal damage to property under Section 21-1 of this Code and criminal trespass to vehicles under Section 21-2 of this Code resulting from his or her forcible entry into a locked vehicle and from civil liability for property damage if:

(1) a person was present in the vehicle and he or she had a good faith belief that the person was in imminent danger of suffering bodily harm unless the person was removed from the vehicle or exited the vehicle;

(2) he or she contacted a 9-1-1 emergency telephone system operator or otherwise contacted law enforcement or emergency medical services prior to forcibly entering the vehicle;

(3) he or she determined that the vehicle was locked and forcible entry was necessary to enable himself or herself to enter the vehicle or enable the person to be removed from or exit the vehicle;

(4) he or she remained with the person until a law enforcement officer, emergency medical service provider, or other emergency medical responder arrived at the scene;

(5) he or she attempted to make contact with the person perceived to be in danger;

(6) he or she made a reasonable attempt to locate the owner or operator of the vehicle;

(7) he or she used no more force than he or she reasonably believed necessary to enter the vehicle in order to remove the person or allow the person to exit the vehicle; and

(8) if he or she left the scene before the owner or operator of the vehicle returned to the scene, the person placed a notice on the windshield of the vehicle that included his or her name, telephone number, mailing address, the reason he or she entered the vehicle, and the location, if known, of the person when he or she left the scene.

Section 99. Effective date. This Act takes effect upon becoming law.".