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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Animal Control Act is amended by changing | ||||||||||||||||||||||||||
5 | Sections 2.19b and 15 as follows:
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6 | (510 ILCS 5/2.19b)
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7 | Sec. 2.19b. "Vicious dog" means a dog found to be vicious | ||||||||||||||||||||||||||
8 | under Section 15 of this Act
a dog that, without justification,
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9 | attacks a person and causes serious physical injury
or death or | ||||||||||||||||||||||||||
10 | any individual dog that has been found to be a "dangerous
dog" | ||||||||||||||||||||||||||
11 | upon 3 separate occasions .
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12 | (Source: P.A. 93-548, eff. 8-19-03.)
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13 | (510 ILCS 5/15) (from Ch. 8, par. 365)
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14 | Sec. 15. Vicious dog determination.
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15 | (a) The animal control warden shall find a dog vicious if | ||||||||||||||||||||||||||
16 | (i) the dog without justification,
attacks a person and causes | ||||||||||||||||||||||||||
17 | serious physical injury
or death, (ii) the dog is found to be a | ||||||||||||||||||||||||||
18 | "dangerous
dog" upon 3 separate occasions, or (iii) the animal | ||||||||||||||||||||||||||
19 | control warden determines that the dog constitutes an undue | ||||||||||||||||||||||||||
20 | danger to the public. Factors that must be considered in | ||||||||||||||||||||||||||
21 | determining whether the dog is an undue danger include: | ||||||||||||||||||||||||||
22 | (i) the circumstances of the dog's infraction; | ||||||||||||||||||||||||||
23 | (ii) whether the dog's behavior was justified; | ||||||||||||||||||||||||||
24 | (iii) the breed, prior history, and physical | ||||||||||||||||||||||||||
25 | characteristics of the dog; | ||||||||||||||||||||||||||
26 | (iv) the testimony or written opinion of a certified | ||||||||||||||||||||||||||
27 | applied behaviorist, a board certified veterinary | ||||||||||||||||||||||||||
28 | behaviorist, or another recognized expert in the field who | ||||||||||||||||||||||||||
29 | has examined the dog; | ||||||||||||||||||||||||||
30 | (v) the recommendation of the investigating animal | ||||||||||||||||||||||||||
31 | control warden, deputy administrator, or law enforcement |
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1 | officer; and | ||||||
2 | (vi) Department guidelines as provided under | ||||||
3 | subsection (f) of this Section. | ||||||
4 | No determination of "vicious" dog shall occur under this | ||||||
5 | Section without an animal control warden
In order to have a dog | ||||||
6 | deemed "vicious", the Administrator,
Deputy
Administrator,
or | ||||||
7 | law enforcement officer
giving
must give notice of the
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8 | infraction that
is the basis of the investigation to the owner | ||||||
9 | and conducting
, conduct a thorough
investigation of the | ||||||
10 | incident. The investigation shall include interviewing the | ||||||
11 | owner and , interview
any witnesses, including the owner,
| ||||||
12 | gathering
gather any existing medical records,
veterinary
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13 | medical records , or behavioral evidence, and making
and make a | ||||||
14 | detailed written report . The animal control warden must make a | ||||||
15 | declaration, in writing, that the dog is a vicious dog.
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16 | recommending
a finding that the dog is a vicious dog and give | ||||||
17 | the report to the States
Attorney's Office and the
owner.
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18 | An owner of a dog found to be vicious by an animal control | ||||||
19 | warden under this subsection (a) shall be subject to a fine in | ||||||
20 | the amount of $5,000, for each vicious finding, to be assessed | ||||||
21 | by local law enforcement. Amounts collected pursuant to this | ||||||
22 | subsection shall be deposited in the county's animal control | ||||||
23 | fund.
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24 | A final vicious dog determination by the animal control | ||||||
25 | warden under this subsection (a) is an administrative decision | ||||||
26 | subject to judicial review pursuant to the provisions of the | ||||||
27 | Administrative Review Law, and all amendments and | ||||||
28 | modifications thereof, and the rules adopted pursuant thereto. | ||||||
29 | The term "administrative decision" is defined as in Section | ||||||
30 | 3-101 of the Code of Civil Procedure. | ||||||
31 | An order that a vicious dog be euthanized may not be issued | ||||||
32 | without judicial review under subsection (a-5) of this Section.
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33 | (a-5) The Administrator, State's Attorney , Director or any | ||||||
34 | citizen of the
county in
which the dog exists may file a | ||||||
35 | complaint in the circuit court in the name of
the People of the
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36 | State of
Illinois
asking that the court find the
to deem a dog |
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1 | to be a vicious dog. | ||||||
2 | Testimony of a certified applied
behaviorist, a
board | ||||||
3 | certified veterinary behaviorist, or another recognized expert | ||||||
4 | may be
relevant to the
court's determination of whether the | ||||||
5 | dog's behavior was justified. | ||||||
6 | The
petitioner must
prove the dog is a vicious dog by clear | ||||||
7 | and convincing evidence , however, if the animal control warden | ||||||
8 | has found the dog to be vicious under subsection (a) of this | ||||||
9 | Section, then there shall be a mandatory presumption that the | ||||||
10 | dog is vicious . The
animal control warden
Administrator shall | ||||||
11 | determine where the animal shall be confined during the
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12 | pendency of the case. All costs of impoundment, disposition, | ||||||
13 | boarding, medical, or other costs related to the determination | ||||||
14 | of a vicious dog shall be borne by the owner if the animal is | ||||||
15 | found to be a vicious dog under this subsection.
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16 | A final vicious dog determination by the circuit court | ||||||
17 | under this subsection (a-5) may be appealed
pursuant to the
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18 | civil appeals provisions of the Illinois Supreme Court Rules. | ||||||
19 | If the owner of the dog has not appealed the vicious dog | ||||||
20 | determination within 15
working days, the dog may be | ||||||
21 | euthanized. Upon filing a notice of appeal, the order of | ||||||
22 | euthanasia shall be
automatically stayed pending the outcome of | ||||||
23 | the appeal. The owner shall bear
the burden of timely | ||||||
24 | notification to animal control in writing. The court proceeding | ||||||
25 | under this subsection (a-5) shall be an available remedy in | ||||||
26 | addition to and independent of the determination of the animal | ||||||
27 | control warden under subsection (a) of this Section.
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28 | (a-10) A dog may not be declared vicious if the court | ||||||
29 | determines the conduct of
the
dog was
justified because:
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30 | (1) the threat, injury, or death was sustained by a | ||||||
31 | person who at the time
was
committing a crime or offense | ||||||
32 | upon the owner or custodian of the dog, or was committing a | ||||||
33 | willful trespass or other tort upon the premises or | ||||||
34 | property owned or occupied by the owner of the animal;
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35 | (2) the injured, threatened, or killed person was | ||||||
36 | abusing,
assaulting,
or physically threatening the dog or |
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1 | its offspring, or has in the past
abused,
assaulted, or | ||||||
2 | physically threatened the dog or its offspring; or
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3 | (3) the dog was responding to pain or injury, or was | ||||||
4 | protecting itself, its
owner,
custodian, or member of its | ||||||
5 | household, kennel, or offspring. | ||||||
6 | Testimony of a certified applied
behaviorist, a
board | ||||||
7 | certified veterinary behaviorist, or another recognized expert | ||||||
8 | may be
relevant to the
court's determination of whether the | ||||||
9 | dog's behavior was justified.
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10 | (a-15) No dog shall be deemed "vicious" if it is a | ||||||
11 | professionally trained dog for
law
enforcement or guard duties. | ||||||
12 | Vicious dogs shall not be classified
in a manner that is | ||||||
13 | specific as to breed , but the breed of the dog may be relevant | ||||||
14 | in a determination as to whether an individual dog is vicious | ||||||
15 | under this Section .
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16 | If the burden of proof has been met, the court shall deem | ||||||
17 | the dog to be a
vicious dog.
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18 | (a-20) If a dog is found to be a vicious dog, the owner | ||||||
19 | shall pay a $100 public safety fine to be deposited into the | ||||||
20 | Pet Population Control Fund, the dog shall be spayed or
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21 | neutered within 10 days of the finding at the expense of its
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22 | owner and microchipped, if not already, and the dog is subject | ||||||
23 | to
enclosure. If an owner fails to comply with these | ||||||
24 | requirements, the animal control agency shall impound the dog | ||||||
25 | and the owner shall pay a $500 fine plus impoundment fees to | ||||||
26 | the animal control agency impounding the dog. The judge has the | ||||||
27 | discretion to order a vicious dog be euthanized. A dog found to | ||||||
28 | be a vicious dog shall not be released to the
owner until the | ||||||
29 | Administrator, an Animal Control Warden, or the
Director | ||||||
30 | approves the enclosure. No owner or
keeper of a vicious dog | ||||||
31 | shall sell or give away the dog without
approval from the | ||||||
32 | Administrator or court. Whenever an owner of a vicious dog | ||||||
33 | relocates, he or she shall notify
both the
Administrator of
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34 | County
Animal Control where he or she has relocated and the | ||||||
35 | Administrator of County
Animal Control where he or she formerly | ||||||
36 | resided.
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1 | (b) It shall be unlawful for any person to keep or maintain | ||||||
2 | any dog
which has been found to be a vicious dog unless the dog | ||||||
3 | is
kept in an enclosure. The only times that a vicious dog may | ||||||
4 | be allowed out
of the enclosure are (1) if it is necessary for | ||||||
5 | the owner or keeper to
obtain veterinary care for the dog, (2) | ||||||
6 | in the case of an emergency or
natural disaster where the
dog's | ||||||
7 | life is threatened, or (3) to comply with the order of a
court | ||||||
8 | of competent jurisdiction, provided that the dog is securely | ||||||
9 | muzzled
and restrained with a leash not
exceeding 6 feet in | ||||||
10 | length, and shall be under the direct control and
supervision | ||||||
11 | of the owner or keeper of the dog or muzzled in its residence.
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12 | Any dog which has been found to be a vicious dog and which | ||||||
13 | is not
confined to an enclosure shall be impounded by the | ||||||
14 | Administrator, an Animal
Control Warden, or the law enforcement | ||||||
15 | authority having jurisdiction in
such area.
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16 | If the owner of the dog has not appealed the impoundment | ||||||
17 | order to the
circuit court in the county in which the animal | ||||||
18 | was impounded within 15
working days, the dog may be | ||||||
19 | euthanized.
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20 | Upon filing a notice of appeal, the order of euthanasia | ||||||
21 | shall be
automatically stayed pending the outcome of the | ||||||
22 | appeal. The owner shall bear
the burden of timely notification | ||||||
23 | to animal control in writing.
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24 | Guide dogs for the blind or hearing impaired, support dogs | ||||||
25 | for the
physically handicapped, and sentry, guard, or
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26 | police-owned dogs are
exempt from this Section if
; provided,
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27 | an attack or injury to a person
occurs while the dog is | ||||||
28 | performing its duties as expected. To qualify for
the exemption | ||||||
29 | under this paragraph
Section , each such dog shall be currently
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30 | inoculated against rabies in accordance with Section 8
of this | ||||||
31 | Act. It shall be the duty of the owner of such exempted dog to
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32 | notify the Administrator of changes of address. In the case of | ||||||
33 | a sentry or
guard dog, the owner shall keep the Administrator | ||||||
34 | advised of the location
where such dog will be stationed. The | ||||||
35 | Administrator shall provide police
and fire departments with a | ||||||
36 | categorized list of such exempted dogs, and
shall promptly |
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1 | notify such departments of any address changes reported to him.
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2 | (c) If the animal control agency has custody of the dog, | ||||||
3 | the agency may file a petition with the court requesting that | ||||||
4 | the owner be ordered to post security. The security must be in | ||||||
5 | an amount sufficient to secure payment of all reasonable | ||||||
6 | expenses expected to be incurred by the animal control agency | ||||||
7 | or animal shelter in caring for and providing for the dog | ||||||
8 | pending the determination. Reasonable expenses include, but | ||||||
9 | are not limited to, estimated medical care and boarding of the | ||||||
10 | animal for 30 days. If security has been posted in accordance | ||||||
11 | with this Section, the animal control agency may draw from the | ||||||
12 | security the actual costs incurred by the agency in caring for | ||||||
13 | the dog. | ||||||
14 | (d) Upon receipt of a petition, the court must set a | ||||||
15 | hearing on the petition, to be conducted within 5 business days | ||||||
16 | after the petition is filed. The petitioner must serve a true | ||||||
17 | copy of the petition upon the defendant. | ||||||
18 | (e) If the court orders the posting of security, the | ||||||
19 | security must be posted with the clerk of the court within 5 | ||||||
20 | business days after the hearing. If the person ordered to post | ||||||
21 | security does not do so, the dog is forfeited by operation of | ||||||
22 | law and the animal control agency must dispose of the animal | ||||||
23 | through adoption or humane euthanization.
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24 | (f) The animal control warden shall follow guidelines | ||||||
25 | promulgated by the Department for determining that a dog is | ||||||
26 | vicious under subsection (a) of this Section. The purpose of | ||||||
27 | these guidelines shall be to promote uniformity in the | ||||||
28 | application of this Section. In adopting these guidelines, the | ||||||
29 | Department shall follow the rulemaking procedures of the | ||||||
30 | Illinois Administrative Procedure Act. The guidelines shall be | ||||||
31 | made available to the public via Department website. | ||||||
32 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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33 | Section 99. Effective date. This Act takes effect upon | ||||||
34 | becoming law. |