100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2601
 
Introduced 2/7/2018, by Sen. Don Harmon
 
SYNOPSIS AS INTRODUCED:
 

 
  
510 ILCS 70/10  from Ch. 8, par. 710

     Amends the Humane Care for Animals Act. Provides that any act of commission or omission by an approved humane investigator shall not impose civil liability upon the approved humane investigator when conducting an inspection or otherwise enforcing the provisions under this Act, unless the commission or omission is a result of willful or wanton misconduct. Provides that this immunity does not extend to the operation of a motor vehicle.
  


LRB100 16505 SLF 31637 b

 
 
A BILL FOR
 

  
SB2601LRB100 16505 SLF 31637 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 
5changing Section 10 as follows:
 



6    (510 ILCS 70/10)  (from Ch. 8, par. 710)



7    Sec. 10. Investigation of complaints. 

8    (a) Upon receiving a complaint of a suspected violation of 
9this Act, a
Department investigator, any law enforcement 
10official, or an approved
humane investigator may, for the 
11purpose of investigating the allegations
of the complaint, 
12enter during normal business hours upon any premises
where the 
13animal or animals described in the complaint are housed or 
14kept,
provided such entry shall not be made into any building 
15which is a person's
residence, except by search warrant or 
16court order.
Institutions operating under federal license to 
17conduct laboratory
experimentation utilizing animals for 
18research or medical purposes are,
however, exempt from the 
19provisions of this Section. State's Attorneys and
law 
20enforcement officials shall provide such assistance as may be 
21required
in the conduct of such investigations. Any such 
22investigation requiring
legal procedures shall be immediately 
23reported to the Department.
No employee or representative of 
 
 
SB2601- 2 -LRB100 16505 SLF 31637 b

1the Department shall enter a livestock
management facility 
2unless sanitized footwear is used, or unless the owner
or 
3operator of the facility waives this requirement.  The employee 
4or
representative must also use any other reasonable disease 
5prevention
procedures or equipment provided by the owner or 
6operator of the facility.
The animal control administrator and 
7animal control wardens appointed under
the Animal Control Act 
8shall be authorized to make investigations complying
with this 
9Section for alleged violations of Sections 3, 3.01,
3.02, and 
103.03 pertaining
to companion animals. The animals
impounded 
11shall remain under the jurisdiction of the animal control

12administrator and be held in an animal shelter licensed under 
13the
Animal
Welfare Act.

14    (b) Any veterinarian acting in good faith is immune
from 
15any civil or criminal liability resulting from his or her 
16actions under
this
Section. The good faith on the part of the

17veterinarian is presumed.

18    (c) Any act of commission or omission by an approved humane 
19investigator shall not impose civil liability upon the approved 
20humane investigator when conducting an inspection or otherwise 
21enforcing the provisions under this Act, unless the commission 
22or omission is a result of willful or wanton misconduct.  The 
23immunity provided under this subsection (c) does not extend to 
24the operation of a motor vehicle. 
25(Source: P.A. 92-454, eff. 1-1-02.)