Placed on Calendar Order of 2nd Reading May 10, 2018
Statutes Amended In Order of Appearance
510 ILCS 70/7.2 new
Synopsis As Introduced Amends the Humane Care for Animals Act. Provides that a person is immune from criminal liability for criminal damage to property and criminal trespass to vehicles resulting from his or her forcible entry into a vehicle and from civil liability for property damage if the person: determines the vehicle is locked or there is otherwise no reasonable method for the dog or cat to exit the vehicle; has a good faith belief that forcible entry into the vehicle is necessary because the dog or cat is in imminent danger of suffering harm if not immediately removed from the vehicle, and based upon the circumstances known to the person at the time, the belief is a reasonable one; has made a good faith effort to contact a 9-1-1 emergency telephone system operator, law enforcement, or the fire department, and if contact is not possible prior to forcibly entering the vehicle, the person makes contact as soon as possible after forcibly entering the vehicle; makes a good a faith effort to place a notice on the vehicle's windshield with the person's contact information, the reason entry was made, the location of the dog or cat, and the fact that authorities have been notified; remains with the dog or cat in a safe location until law enforcement or emergency responders arrive; and uses no more force than necessary to enter the vehicle to remove the dog or cat. Effective immediately.
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Amends the Humane Care for Animals Act. Provides that a person shall not be immune from civil liability for any damage or deprivation (in the introduced bill, any damage) of property resulting from the forcible entry of a vehicle for the purpose of removing a dog or cat from the vehicle if the person's actions constitute recklessness or willful or wanton misconduct with regard to the entry of the vehicle. Amends the Criminal Code of 2012. Transfers provisions concerning criminal liability to the Code as an affirmative defense for the offenses of criminal damage to property and criminal trespass to vehicles. Effective immediately.
House Floor Amendment No. 3 Provides that the person removing a dog or cat from a locked vehicle must remain with the dog or cat in a safe location until law enforcement, emergency responders, or an animal control officer arrive and surrenders the dog or cat to the arriving law enforcement, emergency responders, or animal control officer (in House Amendment No. 2, remains with the dog or cat in a safe location until law enforcement or emergency responders arrive).
Senate Committee Amendment No. 1 Provides that the person removing a dog or cat from a locked vehicle must remain with the dog or cat in a safe location until law enforcement, an emergency responder, or an animal control officer arrives and surrenders the dog or cat to the arriving law enforcement, emergency responder, or animal control officer who will seek veterinary care if deemed necessary. Makes technical changes.