Sen. Laura M. Murphy
Filed: 4/25/2018
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1 | AMENDMENT TO SENATE BILL 2386
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2 | AMENDMENT NO. ______. Amend Senate Bill 2386 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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. |
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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 to determine | ||||||
5 | whether a person is a reckless dog owner. If an owner is | ||||||
6 | determined to be a reckless dog owner by clear and convincing | ||||||
7 | evidence, the court shall order the immediate impoundment and | ||||||
8 | forfeiture of all dogs the reckless dog owner has a property | ||||||
9 | right in. Forfeiture may be to any licensed shelter, rescue, or | ||||||
10 | sanctuary. The court shall further prohibit the property right | ||||||
11 | ownership of a dog by the person determined to be a reckless | ||||||
12 | dog owner for a period of at least 12 months, but not more than | ||||||
13 | 36 months for the first reckless 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, if deemed adoptable, the receiving facility | ||||||
20 | shall make a reasonable attempt to place the dog in another | ||||||
21 | home, transfer the dog to rescue, or place the dog in a | ||||||
22 | sanctuary. | ||||||
23 | (b) A person who refuses to forfeit a dog under this | ||||||
24 | Section is a violation which carries a public safety fine of | ||||||
25 | $500 for each dog to be deposited into the Pet Population |
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1 | Control Fund. Each day a person fails to comply with a | ||||||
2 | forfeiture or prohibition ordered under this Section shall | ||||||
3 | constitute a separate offense. ".
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