94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4238


 
Introduced 12/9/2005, by Rep. Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		














510 ILCS 5/26
  from Ch. 8, par. 376







    Amends the Animal Control Act.  Provides that the owner of an intact dog is guilty of a Class 4 felony if the owner allows the dog to run at large in violation of the Act and the dog inflicts serious physical injury to a person.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4238

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    AN ACT concerning animals.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Animal Control Act is amended  by changing 
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Section 26 as follows:
 



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    (510 ILCS 5/26)  (from Ch. 8, par. 376)



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    Sec. 26. (a) Except as otherwise provided in this Act, any

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Any person violating or aiding in or abetting the violation
of 
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any provision of this Act, or counterfeiting or forging any 
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certificate,
permit, or tag, or making any misrepresentation in 
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regard to any matter
prescribed by this Act, or resisting, 
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obstructing, or impeding the
Administrator or any authorized 
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officer in enforcing this Act, or refusing
to produce for 
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inoculation any dog in his possession, or who removes a tag 
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from
a dog for purposes of
destroying or concealing its 
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identity, is guilty of a Class C misdemeanor for a
first 
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offense and for a subsequent offense, is guilty of a Class B

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misdemeanor.

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    Each day a person fails to comply constitutes a separate 
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offense. Each
State's Attorney to whom the Administrator 
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reports any violation of this
Act shall cause appropriate 
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proceedings to be instituted in the proper
courts without delay 
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and to be prosecuted in the manner provided by law.

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    (b) If the owner of a vicious dog subject to enclosure:


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        (1) fails to maintain or keep the dog in an enclosure 
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    or fails to spay
or neuter the dog within the time period 
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    prescribed; and


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        (2) the dog inflicts serious physical injury upon any 
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    other person or causes the death of
another person; and


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        (3) the attack is unprovoked in a place where such 
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    person is peaceably
conducting himself or herself and where 
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    such person may lawfully be;

 


 






HB4238
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the owner shall
be guilty of a Class 4 felony, unless the owner 
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knowingly
allowed the
dog to run at large or failed to take 
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steps to keep the dog in an enclosure
then the owner shall be 
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guilty of a Class 3 felony. The penalty
provided in
this 
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paragraph shall be in addition to any other criminal or civil 
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sanction
provided by law.

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    (c) If the owner of a dangerous dog knowingly fails to 
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comply with any
order
regarding the dog and the dog inflicts 
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serious physical
injury on a person or a companion animal, the 
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owner shall be guilty of a Class
A misdemeanor.  If the
owner of 
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a dangerous dog knowingly fails to comply with any order 
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regarding the
dog and
the dog kills a person the owner shall be 
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guilty of a Class 4 felony.

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    (d) If the owner of an intact dog knowingly allows it to 
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run at large in violation of this Act as specified in Section 9 
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and the dog inflicts serious physical injury to a person, the 
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owner is guilty of a Class 4 felony.

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(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)