Sen. Laura M. Murphy
Filed: 4/20/2018
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2386
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2386 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Animal Control Act is amended by adding | ||||||
5 | Sections 2.18b and 15.5 as follows: | ||||||
6 | (510 ILCS 5/2.18b new) | ||||||
7 | Sec. 2.18b. Reckless dog owner. "Reckless dog owner" means | ||||||
8 | a person who owns a dog that while anywhere other than upon the | ||||||
9 | property of the owner, and without justification, kills another | ||||||
10 | dog that results in that dog being deemed a dangerous dog under | ||||||
11 | Section 15.1 of this Act and who knowingly allows the dog to | ||||||
12 | violate Section 9 of this Act on 2 occasions within 12 months | ||||||
13 | of the incident for which the dog was deemed dangerous or is | ||||||
14 | involved in another incident that results in the dog being | ||||||
15 | deemed dangerous on a second occasion within 24 months of the | ||||||
16 | original dangerous determination. |
| |||||||
| |||||||
1 | (510 ILCS 5/15.5 new) | ||||||
2 | Sec. 15.5. Reckless dog owner; complaint; penalty. | ||||||
3 | (a) The Administrator, State's Attorney, Director, or any | ||||||
4 | citizen may file a complaint in circuit court in the name of | ||||||
5 | the People of the State of Illinois to deem a person a reckless | ||||||
6 | dog owner. If an owner is determined to be a reckless dog owner | ||||||
7 | by clear and convincing evidence, the court shall order the | ||||||
8 | immediate impoundment and forfeiture of all dogs the reckless | ||||||
9 | dog owner has a property right in. The court shall further | ||||||
10 | prohibit the property right ownership of a dog by the person | ||||||
11 | determined to be a reckless dog owner for a period of at least | ||||||
12 | 12 months, but not more than 36 months for the first reckless | ||||||
13 | dog owner determination. | ||||||
14 | (a-5) A dog's history during ownership by a person found to | ||||||
15 | be a reckless dog owner shall not be considered conclusive of | ||||||
16 | the dog's temperament and qualification for adoption or | ||||||
17 | transfer. The dog's temperament shall be independently | ||||||
18 | evaluated by a person qualified to conduct behavioral | ||||||
19 | assessments and the receiving facility shall make every attempt | ||||||
20 | to place the dog in another home, transfer the dog to rescue, | ||||||
21 | or place the dog in a sanctuary. | ||||||
22 | (b) A person who refuses to forfeit a dog under this | ||||||
23 | Section is a violation which carries a public safety fine of | ||||||
24 | $500 for each dog to be deposited into the Pet Population | ||||||
25 | Control Fund. Each day a person fails to comply with a |
| |||||||
| |||||||
1 | forfeiture or prohibition ordered under this Section shall | ||||||
2 | constitute a separate offense. ".
|