| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning animals.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 1. This Act may be referred to as Draco's Law. | ||||||
| 5 | Section 5. The Humane Care for Animals Act is amended by | ||||||
| 6 | changing Section 4.04 as follows:
| ||||||
| 7 | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| ||||||
| 8 | Sec. 4.04. Injuring or killing police animals, service | ||||||
| 9 | animals, accelerant detection dogs, or search
and rescue dogs | ||||||
| 10 | prohibited.
| ||||||
| 11 | (a) It shall be unlawful for any person to willfully or | ||||||
| 12 | maliciously torture,
mutilate, injure, disable, poison, or | ||||||
| 13 | kill (i) any animal used by a law
enforcement department or | ||||||
| 14 | agency in the performance of the functions or duties
of the | ||||||
| 15 | department or agency or when placed in confinement off duty, | ||||||
| 16 | (ii) any
service animal, (iii) any search and rescue dog, (iv) | ||||||
| 17 | any law enforcement,
service, or search and rescue animal in | ||||||
| 18 | training, or (v) any accelerant detection canine used by a fire | ||||||
| 19 | officer for arson investigations in the performance of his or | ||||||
| 20 | her functions or while off duty. However, a police officer or
| ||||||
| 21 | veterinarian may perform euthanasia in emergency situations | ||||||
| 22 | when delay would
cause the animal undue suffering and pain.
| ||||||
| |||||||
| |||||||
| 1 | A person convicted of violating this subsection Section is | ||||||
| 2 | guilty of a Class 3 4
felony if the animal is not killed or | ||||||
| 3 | totally disabled; if
the animal is killed or totally disabled, | ||||||
| 4 | the person is guilty of a Class 2 3 felony.
| ||||||
| 5 | (b) A person who kills or severely injures (i) any animal | ||||||
| 6 | used by a law enforcement department or agency in the | ||||||
| 7 | performance of the functions or duties of the department or | ||||||
| 8 | agency of when placed off duty, (ii) any service animal, (iii) | ||||||
| 9 | any search and rescue dog, (iv) any law enforcement, service, | ||||||
| 10 | or search and rescue animal in training, or (v) any accelerant | ||||||
| 11 | detection canine used by a fire officer for arson | ||||||
| 12 | investigations in the performance of his or her functions or | ||||||
| 13 | while off duty, while he or she is in the commission of a | ||||||
| 14 | felony, is guilty of a Class 2 felony. | ||||||
| 15 | (c) If the offender is found to be guilty under this | ||||||
| 16 | Section, the offender shall be responsible for any veterinarian | ||||||
| 17 | bills for an animal that was injured, and training costs for | ||||||
| 18 | another animal, if the animal injured or killed is no longer | ||||||
| 19 | able to be in service. | ||||||
| 20 | (d) A person is not in violation of this Section if the | ||||||
| 21 | animal used by a law enforcement department or agency was used | ||||||
| 22 | against the person in violation of the law enforcement | ||||||
| 23 | department or agency's use of force continuum or policy. | ||||||
| 24 | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; | ||||||
| 25 | 96-1171, eff. 7-22-10.)
| ||||||