Illinois General Assembly - Full Text of HB4191
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Full Text of HB4191  100th General Assembly

HB4191eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4191 EngrossedLRB100 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 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 civil liability for property damage to a
12locked vehicle when the damage results from forcible entry of
13the vehicle to remove a dog or cat from the vehicle if the
14person:
15        (1) determines the vehicle is locked or there is
16    otherwise no reasonable method for the dog or cat to exit
17    the vehicle;
18        (2) has a good faith belief that forcible entry into
19    the vehicle is necessary because the dog or cat is in
20    imminent danger of suffering harm if not immediately
21    removed from the vehicle, and based upon the circumstances
22    known to the person at the time, the belief is a reasonable
23    one;

 

 

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1        (3) has made a good faith effort to contact a 9-1-1
2    emergency telephone system operator, law enforcement, or
3    the fire department, and if contact is not possible prior
4    to forcibly entering the vehicle, the person makes contact
5    as soon as possible after forcibly entering the vehicle;
6        (4) makes a good a faith effort to place a notice on
7    the vehicle's windshield with the person's contact
8    information, the reason entry was made, the location of the
9    dog or cat, and the fact that authorities have been
10    notified;
11        (5) remains with the dog or cat in a safe location
12    until law enforcement, emergency responders, or an animal
13    control officer arrive and surrenders the dog or cat to the
14    arriving law enforcement, emergency responders, or animal
15    control officer; and
16        (6) uses no more force than necessary to enter the
17    vehicle to remove the dog or cat.
18    (c) A person shall not be immune from civil liability for
19any damage or deprivation of property resulting from the
20forcible entry of a vehicle for the purpose of removing a dog
21or cat from the vehicle if the person's actions constitute
22recklessness or willful or wanton misconduct with regard to the
23entry of the vehicle.
 
24    Section 10. The Criminal Code of 2012 is amended by
25changing Sections 21-1 and 21-2 as follows:
 

 

 

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1    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
2    Sec. 21-1. Criminal damage to property.
3    (a) A person commits criminal damage to property when he or
4she:
5        (1) knowingly damages any property of another;
6        (2) recklessly by means of fire or explosive damages
7    property of another;
8        (3) knowingly starts a fire on the land of another;
9        (4) knowingly injures a domestic animal of another
10    without his or her consent;
11        (5) knowingly deposits on the land or in the building
12    of another any stink bomb or any offensive smelling
13    compound and thereby intends to interfere with the use by
14    another of the land or building;
15        (6) knowingly damages any property, other than as
16    described in paragraph (2) of subsection (a) of Section
17    20-1, with intent to defraud an insurer;
18        (7) knowingly shoots a firearm at any portion of a
19    railroad train;
20        (8) knowingly, without proper authorization, cuts,
21    injures, damages, defaces, destroys, or tampers with any
22    fire hydrant or any public or private fire fighting
23    equipment, or any apparatus appertaining to fire fighting
24    equipment; or
25        (9) intentionally, without proper authorization, opens

 

 

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1    any fire hydrant.
2    (b) When the charge of criminal damage to property
3exceeding a specified value is brought, the extent of the
4damage is an element of the offense to be resolved by the trier
5of fact as either exceeding or not exceeding the specified
6value.
7    (c) It is an affirmative defense to a violation of
8paragraph (1), (3), or (5) of subsection (a) of this Section
9that the owner of the property or land damaged consented to the
10damage.
11    (c-5) It is an affirmative defense to a violation of
12paragraph (1) of subsection (a) of this Section when the damage
13to a locked vehicle results from forcible entry to remove a dog
14or cat from the vehicle if the person:
15        (1) determines the vehicle is locked or there is
16    otherwise no reasonable method for the dog or cat to exit
17    the vehicle;
18        (2) has a good faith belief that forcible entry into
19    the vehicle is necessary because a dog or cat is in
20    imminent danger of suffering harm if not immediately
21    removed from the vehicle, and based upon the circumstances
22    known to the person at the time, the belief is a reasonable
23    one;
24        (3) has made a good faith effort to contact a 9-1-1
25    emergency telephone system operator, law enforcement, or
26    the fire department, and if contact is not possible prior

 

 

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1    to forcibly entering the vehicle, the person makes contact
2    as soon as possible after forcibly entering the vehicle;
3        (4) makes a good a faith effort to place a notice on
4    the vehicle's windshield with the person's contact
5    information, the reason entry was made, the location of the
6    dog or cat, and the fact that authorities have been
7    notified;
8        (5) remains with the dog or cat in a safe location
9    until law enforcement or emergency responders arrive; and
10        (6) uses no more force than necessary to enter the
11    vehicle to remove the dog or cat.
12    (d) Sentence.
13        (1) A violation of subsection (a) shall have the
14    following penalties:
15            (A) A violation of paragraph (8) or (9) is a Class
16        B misdemeanor.
17            (B) A violation of paragraph (1), (2), (3), (5), or
18        (6) is a Class A misdemeanor when the damage to
19        property does not exceed $500.
20            (C) A violation of paragraph (1), (2), (3), (5), or
21        (6) is a Class 4 felony when the damage to property
22        does not exceed $500 and the damage occurs to property
23        of a school or place of worship or to farm equipment or
24        immovable items of agricultural production, including
25        but not limited to grain elevators, grain bins, and
26        barns or property which memorializes or honors an

 

 

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1        individual or group of police officers, fire fighters,
2        members of the United States Armed Forces, National
3        Guard, or veterans.
4            (D) A violation of paragraph (4) is a Class 4
5        felony when the damage to property does not exceed
6        $10,000.
7            (E) A violation of paragraph (7) is a Class 4
8        felony.
9            (F) A violation of paragraph (1), (2), (3), (5) or
10        (6) is a Class 4 felony when the damage to property
11        exceeds $500 but does not exceed $10,000.
12            (G) A violation of paragraphs (1) through (6) is a
13        Class 3 felony when the damage to property exceeds $500
14        but does not exceed $10,000 and the damage occurs to
15        property of a school or place of worship or to farm
16        equipment or immovable items of agricultural
17        production, including but not limited to grain
18        elevators, grain bins, and barns or property which
19        memorializes or honors an individual or group of police
20        officers, fire fighters, members of the United States
21        Armed Forces, National Guard, or veterans.
22            (H) A violation of paragraphs (1) through (6) is a
23        Class 3 felony when the damage to property exceeds
24        $10,000 but does not exceed $100,000.
25            (I) A violation of paragraphs (1) through (6) is a
26        Class 2 felony when the damage to property exceeds

 

 

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1        $10,000 but does not exceed $100,000 and the damage
2        occurs to property of a school or place of worship or
3        to farm equipment or immovable items of agricultural
4        production, including but not limited to grain
5        elevators, grain bins, and barns or property which
6        memorializes or honors an individual or group of police
7        officers, fire fighters, members of the United States
8        Armed Forces, National Guard, or veterans.
9            (J) A violation of paragraphs (1) through (6) is a
10        Class 2 felony when the damage to property exceeds
11        $100,000. A violation of paragraphs (1) through (6) is
12        a Class 1 felony when the damage to property exceeds
13        $100,000 and the damage occurs to property of a school
14        or place of worship or to farm equipment or immovable
15        items of agricultural production, including but not
16        limited to grain elevators, grain bins, and barns or
17        property which memorializes or honors an individual or
18        group of police officers, fire fighters, members of the
19        United States Armed Forces, National Guard, or
20        veterans.
21        (2) When the damage to property exceeds $10,000, the
22    court shall impose upon the offender a fine equal to the
23    value of the damages to the property.
24        (3) In addition to any other sentence that may be
25    imposed, a court shall order any person convicted of
26    criminal damage to property to perform community service

 

 

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1    for not less than 30 and not more than 120 hours, if
2    community service is available in the jurisdiction and is
3    funded and approved by the county board of the county where
4    the offense was committed. In addition, whenever any person
5    is placed on supervision for an alleged offense under this
6    Section, the supervision shall be conditioned upon the
7    performance of the community service.
8        The community service requirement does not apply when
9    the court imposes a sentence of incarceration.
10        (4) In addition to any criminal penalties imposed for a
11    violation of this Section, if a person is convicted of or
12    placed on supervision for knowingly damaging or destroying
13    crops of another, including crops intended for personal,
14    commercial, research, or developmental purposes, the
15    person is liable in a civil action to the owner of any
16    crops damaged or destroyed for money damages up to twice
17    the market value of the crops damaged or destroyed.
18        (5) For the purposes of this subsection (d), "farm
19    equipment" means machinery or other equipment used in
20    farming.
21(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 
22    (720 ILCS 5/21-2)  (from Ch. 38, par. 21-2)
23    Sec. 21-2. Criminal trespass to vehicles.
24    (a) A person commits criminal trespass to vehicles when he
25or she knowingly and without authority enters any part of or

 

 

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1operates any vehicle, aircraft, watercraft, or snowmobile.
2    (a-5) It is an affirmative defense to a violation of this
3Section when entry to a locked vehicle is for removal of a dog
4or cat from the vehicle if the person:
5        (1) determines the vehicle is locked or there is
6    otherwise no reasonable method for the dog or cat to exit
7    the vehicle;
8        (2) has a good faith belief that forcible entry into
9    the vehicle is necessary because a dog or cat is in
10    imminent danger of suffering harm if not immediately
11    removed from the vehicle, and based upon the circumstances
12    known to the person at the time, the belief is a reasonable
13    one;
14        (3) has made a good faith effort to contact a 9-1-1
15    emergency telephone system operator, law enforcement, or
16    the fire department, and if contact is not possible prior
17    to forcibly entering the vehicle, the person makes contact
18    as soon as possible after forcibly entering the vehicle;
19        (4) makes a good a faith effort to place a notice on
20    the vehicle's windshield with the person's contact
21    information, the reason entry was made, the location of the
22    dog or cat, and the fact that authorities have been
23    notified;
24        (5) remains with the dog or cat in a safe location
25    until law enforcement or emergency responders arrive; and
26        (6) uses no more force than necessary to enter the

 

 

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1    vehicle to remove the dog or cat.
2    (b) Sentence. Criminal trespass to vehicles is a Class A
3misdemeanor.
4(Source: P.A. 97-1108, eff. 1-1-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.