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Full Text of HB4191  100th General Assembly

HB4191 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4191

 

Introduced , by Rep. David S. Olsen

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/7.2 new

    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.


LRB100 16222 SLF 31345 b

 

 

A BILL FOR

 

HB4191LRB100 16222 SLF 31345 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 5. The Humane Care for Animals Act is amended by
5adding Section 7.2 as follows:
 
6    (510 ILCS 70/7.2 new)
7    Sec. 7.2. Persons removing a dog or cat from a locked
8vehicle exempt from criminal and civil liability.
9    (a) In this Section, "harm" means injury or death.
10    (b) Except as provided in subsection (d) of this Section, a
11person is immune from criminal liability for criminal damage to
12property under Section 21-1 of the Criminal Code of 2012 and
13criminal trespass to vehicles under Section 21-2 of the
14Criminal Code of 2012 resulting from his or her forcible entry
15into a vehicle and from civil liability for property damage if
16the person:
17        (1) determines the vehicle is locked or there is
18    otherwise no reasonable method for the dog or cat to exit
19    the vehicle;
20        (2) has a good faith belief that forcible entry into
21    the vehicle is necessary because the dog or cat is in
22    imminent danger of suffering harm if not immediately
23    removed from the vehicle, and based upon the circumstances

 

 

HB4191- 2 -LRB100 16222 SLF 31345 b

1    known to the person at the time, the belief is a reasonable
2    one;
3        (3) has made a good faith effort to contact a 9-1-1
4    emergency telephone system operator, law enforcement, or
5    the fire department, and if contact is not possible prior
6    to forcibly entering the vehicle, the person makes contact
7    as soon as possible after forcibly entering the vehicle;
8        (4) makes a good a faith effort to place a notice on
9    the vehicle's windshield with the person's contact
10    information, the reason entry was made, the location of the
11    dog or cat, and the fact that authorities have been
12    notified;
13        (5) remains with the dog or cat in a safe location
14    until law enforcement or emergency responders arrive; and
15        (6) uses no more force than necessary to enter the
16    vehicle to remove the dog or cat.
17    (c) Nothing in this Section shall effect the person's
18criminal or civil liability if the person attempts to render
19aid to the dog or cat in addition to what is authorized under
20this Section.
21    (d) A person shall not be immune from criminal or civil
22liability for any damage resulting from the forcible entry of a
23vehicle for the purpose of removing a dog or cat from the
24vehicle if the person's actions constitute recklessness or
25willful or wanton misconduct with regard to the entry of the
26vehicle.
 

 

 

HB4191- 3 -LRB100 16222 SLF 31345 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.