HB2410 104TH GENERAL ASSEMBLY

LRB104 08646 BDA 18699 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2410

Introduced 2/4/2025, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

225 ILCS 605/3.6
510 ILCS 70/2.09
510 ILCS 72/57

Amends the Animal Welfare Act. Provides that nothing in the Act permits the euthanization of a dog or cat or other pet in an animal shelter except in accordance with the requirements under certain provisions of the Humane Euthanasia in Animal Shelters Act. Amends the Humane Care for Animals Act. In the definition of "humanely euthanized", provides that "humanely euthanized" does not include euthanization of a dog, cat, or other pet in an animal shelter for any reason other than health reasons, attitude issues, or aggressiveness. Amends the Humane Euthanasia in Animal Shelters Act. Provides that, notwithstanding any other provision of any law, no person may euthanize a cat, dog, or other pet in an animal shelter unless the euthanization is for health reasons, attitude issues, or aggressiveness. Effective January 1, 2026.

A BILL FOR

AN ACT concerning euthanasia.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Section 3.6 as follows:

(225 ILCS 605/3.6)

Sec. 3.6. Acceptance of stray dogs and cats.

(a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization.

(b) When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption.

(c) If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization.

(d) When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal.

(e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act.

(f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.

(g) Nothing in this Act permits the euthanization of a dog, cat, or other pet in an animal shelter except in accordance with the requirements under Section 57 of the Humane Euthanasia in Animal Shelters Act.

(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.)

Section 10. The Humane Care for Animals Act is amended by changing Section 2.09 as follows:

(510 ILCS 70/2.09)

Sec. 2.09. Humanely euthanized. "Humanely euthanized" means the painless administration of a lethal dose of an agent or method of euthanasia as prescribed in the Report of the American Veterinary Medical Association Panel on Euthanasia published in the Journal of the American Veterinary Medical Association, March 1, 2001 (or any successor version of that Report), that causes the painless death of an animal, except as provided in this definition. Animals must be handled prior to administration of the agent or method of euthanasia in a manner to avoid undue apprehension by the animal. "Humanely euthanized" does not include euthanization of a dog, cat, or other pet in an animal shelter for any reason other than health reasons, attitude issues, or aggressiveness.

(Source: P.A. 92-454, eff. 1-1-02.)

Section 15. The Humane Euthanasia in Animal Shelters Act is amended by changing Section 57 as follows:

(510 ILCS 72/57)

Sec. 57. Procedures for euthanasia.

(a) Only euthanasia drugs shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act, except that a licensed veterinarian may euthanize companion animals in such a shelter or facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in Section 3.09 of the Humane Care for Animals Act. Euthanasia by a certified euthanasia technician shall be conducted only within the physical premises of an animal shelter licensed under the Animal Welfare Act or an animal control facility licensed under the Animal Welfare Act, except that a certified euthanasia technician employed by an animal control facility licensed under the Animal Welfare Act may euthanize animals in the field in emergency situations. Notwithstanding any other provision of any law, no person may euthanize a cat, dog, or other pet in an animal shelter unless the euthanization is for health reasons, attitude issues, or aggressiveness.

(b) (Blank).

(c) Animals cannot be transported beyond State lines for the sole purpose of euthanasia unless the euthanasia is performed by a licensed veterinarian in a manner that is consistent with subsection (a) of this Section.

(Source: P.A. 96-780, eff. 8-28-09.)

Section 99. Effective date. This Act takes effect January 1, 2026.