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Full Text of HB3731  100th General Assembly

HB3731 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3731

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/4.04  from Ch. 8, par. 704.04

    Amends the Humane Care for Animals Act. Provides that a person who willfully or maliciously tortures, mutilates, injures, disables, poisons, or kills 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, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty is guilty of a Class 3 felony (rather than a Class 4 felony) if the animal is killed or totally disabled and a person is guilty of a Class 2 felony (rather than a Class 3 felony) if the animal is killed or totally disabled. Provides that a person who kills or severely injures any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency of when placed off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony. Provides that if an offender is found guilty of this offense, the offender shall be responsible for any veterinarian bills for an animal that was injured, and training costs for another animal, if the animal injured or killed is no longer able to be in service.


LRB100 05948 SLF 15975 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3731LRB100 05948 SLF 15975 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented 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
6changing 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
9animals, accelerant detection dogs, or search and rescue dogs
10prohibited.
11    (a) It shall be unlawful for any person to willfully or
12maliciously torture, mutilate, injure, disable, poison, or
13kill (i) any animal used by a law enforcement department or
14agency in the performance of the functions or duties of the
15department or agency or when placed in confinement off duty,
16(ii) any service animal, (iii) any search and rescue dog, (iv)
17any law enforcement, service, or search and rescue animal in
18training, or (v) any accelerant detection canine used by a fire
19officer for arson investigations in the performance of his or
20her functions or while off duty. However, a police officer or
21veterinarian may perform euthanasia in emergency situations
22when delay would cause the animal undue suffering and pain.

 

 

HB3731- 2 -LRB100 05948 SLF 15975 b

1    A person convicted of violating this subsection Section is
2guilty of a Class 3 4 felony if the animal is not killed or
3totally disabled; if the animal is killed or totally disabled,
4the person is guilty of a Class 2 3 felony.
5    (b) A person who kills or severely injures (i) any animal
6used by a law enforcement department or agency in the
7performance of the functions or duties of the department or
8agency when placed off duty, (ii) any service animal, (iii) any
9search and rescue dog, (iv) any law enforcement, service, or
10search and rescue animal in training, or (v) any accelerant
11detection canine used by a fire officer for arson
12investigations in the performance of his or her functions or
13while off duty, while he or she is in the commission of a
14felony, is guilty of a Class 2 felony.
15    (c) If the offender is found to be guilty under this
16Section, the offender shall be responsible for any veterinarian
17bills for an animal that was injured, and training costs for
18another animal, if the animal injured or killed is no longer
19able to be in service.
20    (d) A person is not in violation of this Section if the
21animal used by a law enforcement department or agency was used
22against the person in violation of the law enforcement
23department 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;
2596-1171, eff. 7-22-10.)