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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 Humane Care for Animals Act is amended by |
5 | | adding Section 7.2 as follows: |
6 | | (510 ILCS 70/7.2 new) |
7 | | Sec. 7.2. Persons removing a dog or cat from a locked |
8 | | vehicle exempt from civil liability. |
9 | | (a) In this Section, "harm" means injury or death. |
10 | | (b) Except as provided in subsection (d) of this Section, a |
11 | | person is immune from civil liability for property damage to a |
12 | | locked vehicle when the damage results from forcible entry of |
13 | | the vehicle to remove a dog or cat from the vehicle if the |
14 | | person: |
15 | | (1) determines the vehicle is locked or there is |
16 | | otherwise no reasonable method for the dog or cat to exit |
17 | | the vehicle; |
18 | | (2) has a good faith belief that forcible entry into |
19 | | the vehicle is necessary because the dog or cat is in |
20 | | imminent danger of suffering harm if not immediately |
21 | | removed from the vehicle, and based upon the circumstances |
22 | | known to the person at the time, the belief is a reasonable |
23 | | one; |
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1 | | (3) has made a good faith effort to contact a 9-1-1 |
2 | | emergency telephone system operator, law enforcement, or |
3 | | the fire department, and if contact is not possible prior |
4 | | to forcibly entering the vehicle, the person makes contact |
5 | | as soon as possible after forcibly entering the vehicle; |
6 | | (4) makes a good a faith effort to place a notice on |
7 | | the vehicle's windshield with the person's contact |
8 | | information, the reason entry was made, the location of the |
9 | | dog or cat, and the fact that authorities have been |
10 | | notified; |
11 | | (5) remains with the dog or cat in a safe location |
12 | | until law enforcement, emergency responders, or an animal |
13 | | control officer arrive and surrenders the dog or cat to the |
14 | | arriving law enforcement, emergency responders, or animal |
15 | | control officer; and |
16 | | (6) uses no more force than necessary to enter the |
17 | | vehicle to remove the dog or cat. |
18 | | (c) A person shall not be immune from civil liability for |
19 | | any damage or deprivation of property resulting from the |
20 | | forcible entry of a vehicle for the purpose of removing a dog |
21 | | or cat from the vehicle if the person's actions constitute |
22 | | recklessness or willful or wanton misconduct with regard to the |
23 | | entry of the vehicle. |
24 | | Section 10. The Criminal Code of 2012 is amended by |
25 | | changing Sections 21-1 and 21-2 as follows: |
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1 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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2 | | Sec. 21-1. Criminal damage to property.
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3 | | (a) A person commits criminal damage to property when he or |
4 | | she:
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5 | | (1) knowingly damages any property of another;
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6 | | (2) recklessly by means of fire or explosive damages |
7 | | property of
another;
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8 | | (3) knowingly starts a fire on the land of another;
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9 | | (4) knowingly injures a domestic animal of another |
10 | | without his
or her consent;
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11 | | (5) knowingly deposits on the land or in the building |
12 | | of another any stink bomb or any offensive smelling |
13 | | compound
and thereby intends to interfere with the use by |
14 | | another of the land or
building;
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15 | | (6) knowingly damages any property, other than as |
16 | | described in paragraph (2) of subsection (a) of
Section |
17 | | 20-1, with intent to defraud an insurer;
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18 | | (7) knowingly shoots a firearm at any portion of a |
19 | | railroad train; |
20 | | (8) knowingly, without proper authorization, cuts, |
21 | | injures, damages, defaces, destroys, or tampers with any |
22 | | fire hydrant or any public or private fire fighting |
23 | | equipment, or any apparatus appertaining to fire fighting |
24 | | equipment; or |
25 | | (9) intentionally, without proper authorization, opens |
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1 | | any fire hydrant.
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2 | | (b) When the charge of criminal damage to property |
3 | | exceeding a specified
value is brought, the extent of the |
4 | | damage is an element of the offense to
be resolved by the trier |
5 | | of fact as either exceeding or not exceeding
the specified |
6 | | value.
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7 | | (c) It is an affirmative defense to a violation of |
8 | | paragraph (1), (3), or (5) of subsection (a) of this Section |
9 | | that the owner of the property or land damaged consented to the |
10 | | damage.
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11 | | (c-5) It is an affirmative defense to a violation of |
12 | | paragraph (1) of subsection (a) of this Section when the damage |
13 | | to a locked vehicle results from forcible entry to remove a dog |
14 | | or cat from the vehicle if the person: |
15 | | (1) determines the vehicle is locked or there is |
16 | | otherwise no reasonable method for the dog or cat to exit |
17 | | the vehicle; |
18 | | (2) has a good faith belief that forcible entry into |
19 | | the vehicle is necessary because a dog or cat is in |
20 | | imminent danger of suffering harm if not immediately |
21 | | removed from the vehicle, and based upon the circumstances |
22 | | known to the person at the time, the belief is a reasonable |
23 | | one; |
24 | | (3) has made a good faith effort to contact a 9-1-1 |
25 | | emergency telephone system operator, law enforcement, or |
26 | | the fire department, and if contact is not possible prior |
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1 | | to forcibly entering the vehicle, the person makes contact |
2 | | as soon as possible after forcibly entering the vehicle; |
3 | | (4) makes a good a faith effort to place a notice on |
4 | | the vehicle's windshield with the person's contact |
5 | | information, the reason entry was made, the location of the |
6 | | dog or cat, and the fact that authorities have been |
7 | | notified; |
8 | | (5) remains with the dog or cat in a safe location |
9 | | until law enforcement or emergency responders arrive; and |
10 | | (6) uses no more force than necessary to enter the |
11 | | vehicle to remove the dog or cat. |
12 | | (d) Sentence. |
13 | | (1) A violation of subsection (a) shall have the |
14 | | following penalties: |
15 | | (A) A violation of paragraph (8) or (9) is a Class |
16 | | B misdemeanor. |
17 | | (B) A violation of paragraph (1), (2), (3), (5), or |
18 | | (6) is a Class
A misdemeanor when the damage to |
19 | | property does not exceed $500. |
20 | | (C) A violation of paragraph (1), (2), (3), (5), or |
21 | | (6) is a Class 4
felony when the damage to
property |
22 | | does not exceed $500 and the damage occurs to property |
23 | | of a school
or
place of worship or to farm equipment or |
24 | | immovable items of agricultural
production, including
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25 | | but not
limited to grain elevators, grain bins, and |
26 | | barns or property which memorializes or honors an |
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1 | | individual or group of police officers, fire fighters, |
2 | | members of the United States Armed Forces, National |
3 | | Guard, or veterans. |
4 | | (D) A violation of paragraph (4) is a Class 4
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5 | | felony when the
damage to property does not exceed |
6 | | $10,000. |
7 | | (E) A violation of paragraph (7) is a Class 4 |
8 | | felony. |
9 | | (F) A violation of paragraph (1), (2), (3), (5) or |
10 | | (6) is a Class 4 felony when the damage to property
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11 | | exceeds $500 but does not exceed $10,000. |
12 | | (G) A violation of paragraphs (1) through (6) is a |
13 | | Class 3 felony when the damage to property exceeds $500 |
14 | | but
does not exceed $10,000 and the damage occurs to |
15 | | property of a school
or place
of worship or to farm |
16 | | equipment or immovable items of agricultural
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17 | | production,
including
but not
limited to grain |
18 | | elevators, grain bins, and barns or property which |
19 | | memorializes or honors an individual or group of police |
20 | | officers, fire fighters, members of the United States |
21 | | Armed Forces, National Guard, or veterans. |
22 | | (H) A violation of paragraphs (1) through (6) is a |
23 | | Class 3 felony when the damage to property
exceeds |
24 | | $10,000 but does not exceed $100,000. |
25 | | (I) A violation of paragraphs (1) through (6) is a |
26 | | Class 2 felony when the damage to property exceeds |
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1 | | $10,000
but does not exceed $100,000 and the damage |
2 | | occurs to property of a school
or
place of worship or |
3 | | to farm equipment or immovable items
of agricultural |
4 | | production, including
but not
limited to grain |
5 | | elevators, grain bins, and barns or property which |
6 | | memorializes or honors an individual or group of police |
7 | | officers, fire fighters, members of the United States |
8 | | Armed Forces, National Guard, or veterans. |
9 | | (J) A violation of paragraphs (1) through (6) is a |
10 | | Class 2 felony when the damage to property exceeds
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11 | | $100,000. A violation of paragraphs (1) through (6) is |
12 | | a Class 1 felony when the damage to property exceeds |
13 | | $100,000 and the damage occurs to property of
a school |
14 | | or place of worship or to farm equipment or immovable |
15 | | items
of agricultural production, including
but not
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16 | | limited to grain elevators, grain bins, and barns or |
17 | | property which memorializes or honors an individual or |
18 | | group of police officers, fire fighters, members of the |
19 | | United States Armed Forces, National Guard, or |
20 | | veterans. |
21 | | (2) When the damage to property exceeds $10,000,
the
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22 | | court shall impose
upon the offender a fine equal to the |
23 | | value of the damages to the property.
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24 | | (3) In addition to any other sentence that may be |
25 | | imposed, a court shall
order any person convicted of |
26 | | criminal damage to property to perform community
service |
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1 | | for not less than 30 and not more than 120 hours, if |
2 | | community service
is available in the jurisdiction
and is |
3 | | funded and approved by the county board of the county where |
4 | | the
offense was committed.
In addition, whenever any person |
5 | | is placed
on supervision for an alleged offense under this |
6 | | Section, the supervision shall
be conditioned upon the |
7 | | performance of the community service.
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8 | | The community service requirement does not apply when |
9 | | the court imposes a sentence of
incarceration.
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10 | | (4) In addition to any criminal penalties imposed for a |
11 | | violation of this Section, if a person is convicted of or |
12 | | placed on supervision for knowingly damaging or destroying |
13 | | crops of another, including crops intended for personal, |
14 | | commercial, research, or developmental purposes, the |
15 | | person is liable in a civil action to the owner of any |
16 | | crops damaged or destroyed for money damages up to twice |
17 | | the market value of the crops damaged or destroyed. |
18 | | (5) For the purposes of this subsection (d), "farm |
19 | | equipment" means machinery
or
other equipment used in |
20 | | farming. |
21 | | (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
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22 | | (720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
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23 | | Sec. 21-2. Criminal trespass to vehicles. |
24 | | (a) A person commits criminal trespass to vehicles when he |
25 | | or she knowingly and without authority enters any part of or |
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1 | | operates
any vehicle, aircraft,
watercraft , or snowmobile.
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2 | | (a-5) It is an affirmative defense to a violation of this |
3 | | Section when entry to a locked vehicle is for removal of a dog |
4 | | or cat from the vehicle if the person: |
5 | | (1) determines the vehicle is locked or there is |
6 | | otherwise no reasonable method for the dog or cat to exit |
7 | | the vehicle; |
8 | | (2) has a good faith belief that forcible entry into |
9 | | the vehicle is necessary because a dog or cat is in |
10 | | imminent danger of suffering harm if not immediately |
11 | | removed from the vehicle, and based upon the circumstances |
12 | | known to the person at the time, the belief is a reasonable |
13 | | one; |
14 | | (3) has made a good faith effort to contact a 9-1-1 |
15 | | emergency telephone system operator, law enforcement, or |
16 | | the fire department, and if contact is not possible prior |
17 | | to forcibly entering the vehicle, the person makes contact |
18 | | as soon as possible after forcibly entering the vehicle; |
19 | | (4) makes a good a faith effort to place a notice on |
20 | | the vehicle's windshield with the person's contact |
21 | | information, the reason entry was made, the location of the |
22 | | dog or cat, and the fact that authorities have been |
23 | | notified; |
24 | | (5) remains with the dog or cat in a safe location |
25 | | until law enforcement or emergency responders arrive; and |
26 | | (6) uses no more force than necessary to enter the |