Public Act 096-1171
 
HB4669 EnrolledLRB096 15065 JDS 30064 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Control Act is amended by changing
Section 15 as follows:
 
    (510 ILCS 5/15)  (from Ch. 8, par. 365)
    Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, or law enforcement
officer must give notice of the infraction that is the basis of
the investigation to the owner, conduct a thorough
investigation, interview any witnesses, including the owner,
gather any existing medical records, veterinary medical
records or behavioral evidence, and make a detailed report
recommending a finding that the dog is a vicious dog and give
the report to the States Attorney's Office and the owner. The
Administrator, State's Attorney, Director or any citizen of the
county in which the dog exists may file a complaint in the
circuit court in the name of the People of the State of
Illinois to deem a dog to be a vicious dog. Testimony of a
certified applied behaviorist, a board certified veterinary
behaviorist, or another recognized expert may be relevant to
the court's determination of whether the dog's behavior was
justified. The petitioner must prove the dog is a vicious dog
by clear and convincing evidence. The Administrator shall
determine where the animal shall be confined during the
pendency of the case.
    A dog may not be declared vicious if the court determines
the conduct of the dog was justified because:
        (1) the threat, injury, or death was sustained by a
    person who at the time was committing a crime or offense
    upon the owner or custodian of the dog, or was committing a
    willful trespass or other tort upon the premises or
    property owned or occupied by the owner of the animal;
        (2) the injured, threatened, or killed person was
    abusing, assaulting, or physically threatening the dog or
    its offspring, or has in the past abused, assaulted, or
    physically threatened the dog or its offspring; or
        (3) the dog was responding to pain or injury, or was
    protecting itself, its owner, custodian, or member of its
    household, kennel, or offspring.
    No dog shall be deemed "vicious" if it is a professionally
trained dog for law enforcement or guard duties. Vicious dogs
shall not be classified in a manner that is specific as to
breed.
    If the burden of proof has been met, the court shall deem
the dog to be a vicious dog.
    If a dog is found to be a vicious dog, the owner shall pay a
$100 public safety fine to be deposited into the Pet Population
Control Fund, the dog shall be spayed or neutered within 10
days of the finding at the expense of its owner and
microchipped, if not already, and the dog is subject to
enclosure. If an owner fails to comply with these requirements,
the animal control agency shall impound the dog and the owner
shall pay a $500 fine plus impoundment fees to the animal
control agency impounding the dog. The judge has the discretion
to order a vicious dog be euthanized. A dog found to be a
vicious dog shall not be released to the owner until the
Administrator, an Animal Control Warden, or the Director
approves the enclosure. No owner or keeper of a vicious dog
shall sell or give away the dog without approval from the
Administrator or court. Whenever an owner of a vicious dog
relocates, he or she shall notify both the Administrator of
County Animal Control where he or she has relocated and the
Administrator of County Animal Control where he or she formerly
resided.
    (b) It shall be unlawful for any person to keep or maintain
any dog which has been found to be a vicious dog unless the dog
is kept in an enclosure. The only times that a vicious dog may
be allowed out of the enclosure are (1) if it is necessary for
the owner or keeper to obtain veterinary care for the dog, (2)
in the case of an emergency or natural disaster where the dog's
life is threatened, or (3) to comply with the order of a court
of competent jurisdiction, provided that the dog is securely
muzzled and restrained with a leash not exceeding 6 feet in
length, and shall be under the direct control and supervision
of the owner or keeper of the dog or muzzled in its residence.
    Any dog which has been found to be a vicious dog and which
is not confined to an enclosure shall be impounded by the
Administrator, an Animal Control Warden, or the law enforcement
authority having jurisdiction in such area.
    If the owner of the dog has not appealed the impoundment
order to the circuit court in the county in which the animal
was impounded within 15 working days, the dog may be
euthanized.
    Upon filing a notice of appeal, the order of euthanasia
shall be automatically stayed pending the outcome of the
appeal. The owner shall bear the burden of timely notification
to animal control in writing.
    Guide dogs for the blind or hearing impaired, support dogs
for the physically handicapped, accelerant detection dogs, and
sentry, guard, or police-owned dogs are exempt from this
Section; provided, an attack or injury to a person occurs while
the dog is performing duties as expected. To qualify for
exemption under this Section, each such dog shall be currently
inoculated against rabies in accordance with Section 8 of this
Act. It shall be the duty of the owner of such exempted dog to
notify the Administrator of changes of address. In the case of
a sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of such exempted dogs, and shall promptly
notify such departments of any address changes reported to him.
    (c) If the animal control agency has custody of the dog,
the agency may file a petition with the court requesting that
the owner be ordered to post security. The security must be in
an amount sufficient to secure payment of all reasonable
expenses expected to be incurred by the animal control agency
or animal shelter in caring for and providing for the dog
pending the determination. Reasonable expenses include, but
are not limited to, estimated medical care and boarding of the
animal for 30 days. If security has been posted in accordance
with this Section, the animal control agency may draw from the
security the actual costs incurred by the agency in caring for
the dog.
    (d) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business days
after the petition is filed. The petitioner must serve a true
copy of the petition upon the defendant.
    (e) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to post
security does not do so, the dog is forfeited by operation of
law and the animal control agency must dispose of the animal
through adoption or humane euthanization.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
    Section 10. The Humane Care for Animals Act is amended by
changing Sections 4.03 and 4.04 as follows:
 
    (510 ILCS 70/4.03)  (from Ch. 8, par. 704.03)
    Sec. 4.03. Teasing, striking or tampering with police
animals, service animals, accelerant detection dogs, or search
and rescue dogs prohibited. It shall be unlawful for any person
to willfully and maliciously taunt, torment, tease, beat,
strike, or administer or subject any desensitizing drugs,
chemicals, or substance to (i) any animal used by a law
enforcement officer in the performance of his or her functions
or duties, or when placed in confinement off duty, (ii) any
service animal, (iii) any search and rescue dog, or (iv) any
police, service, or search and rescue animal in training, or
(v) any accelerant detection canine used by a fire officer for
arson investigations in the performance of his or her functions
or while off duty. It is unlawful for any person to interfere
or meddle with (i) any animal used by a law enforcement
department or agency or any handler thereof in the performance
of the functions or duties of the department or agency, (ii)
any service animal, (iii) any search and rescue dog, or (iv)
any law enforcement, service, or search and rescue animal in
training, or (v) any accelerant detection canine used by a fire
officer for arson investigations in the performance of his or
her functions or while off duty.
    Any person convicted of violating this Section is guilty of
a Class A misdemeanor. A second or subsequent violation is a
Class 4 felony.
(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
 
    (510 ILCS 70/4.04)  (from Ch. 8, par. 704.04)
    Sec. 4.04. Injuring or killing police animals, service
animals, accelerant detection dogs, or search and rescue dogs
prohibited. It shall be unlawful for any person to willfully
or maliciously torture, mutilate, injure, disable, poison, or
kill (i) 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,
(ii) any service animal, (iii) any search and rescue dog, or
(iv) any law enforcement, service, or search and rescue animal
in training, or (v) any accelerant detection canine used by a
fire officer for arson investigations in the performance of his
or her functions or while off duty. However, a police officer
or veterinarian may perform euthanasia in emergency situations
when delay would cause the animal undue suffering and pain.
    A person convicted of violating this Section is guilty of a
Class 4 felony if the animal is not killed or totally disabled;
if the animal is killed or totally disabled, the person is
guilty of a Class 3 felony.
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.