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Rep. Emanuel Chris Welch
Filed: 3/9/2017
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| 1 | | AMENDMENT TO HOUSE BILL 708
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| 2 | | AMENDMENT NO. ______. Amend House Bill 708 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by adding Section 107-17 as follows:
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| 6 | | (725 ILCS 5/107-17 new) |
| 7 | | Sec. 107-17. Animal cruelty offenses; arrest; notice to |
| 8 | | appear; immunity. |
| 9 | | (a) A peace officer shall arrest without a warrant or issue |
| 10 | | a notice to appear to any person who violates Section 3.01 |
| 11 | | (cruel treatment), 3.02 (aggravated cruelty), 3.03 (animal |
| 12 | | torture), or 4.01 (animals in entertainment) of the Humane Care |
| 13 | | for Animals Act, or Section 12-35 (sexual conduct or sexual |
| 14 | | contact with an animal) or 48-1 (dogfighting) of the Criminal |
| 15 | | Code of 2012. |
| 16 | | (b) Except as otherwise provided by law, if the person |
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| 1 | | arrested under subsection (a) of this Section is not the owner |
| 2 | | of the animal involved and the animal is not otherwise subject |
| 3 | | to seizure and forfeiture, the officer shall use reasonable |
| 4 | | diligence to notify the owner of the animal and shall properly |
| 5 | | care and provide for the animal until the owner or the owner's |
| 6 | | agent claims or takes charge of the animal; provided, the owner |
| 7 | | or owner's agent claims or takes charge of the animal within 60 |
| 8 | | days of the notice under this subsection. The law enforcement |
| 9 | | agency which employs the peace officer giving notice under this |
| 10 | | subsection may recover the cost of care or provision for the |
| 11 | | animal from the owner or person arrested. |
| 12 | | (c) Any peace officer and any person into whose care an |
| 13 | | animal is delivered by a peace officer acting under this |
| 14 | | Section, who cares or provides for an animal under this |
| 15 | | Section, shall be immune from civil liability based upon an |
| 16 | | allegation that the care was negligently provided, unless the |
| 17 | | act is the result of willful or wanton misconduct. |
| 18 | | (d) Any act of omission or commission by any peace officer |
| 19 | | acting in good faith in enforcing this Act shall not impose |
| 20 | | civil liability upon the peace officer or his or her supervisor |
| 21 | | or employer, unless the act is a result of willful or wanton |
| 22 | | misconduct.
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.".
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