102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5492
 
Introduced 1/31/2022, by Rep. Tom Weber
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/48-12 new

     Amends the Criminal Code of 2012. Provides that it is unlawful for a  person, during the commission of a felony, to knowingly kill or severely injure any animal used by a law enforcement agency,  a fire department, or a search and rescue team or agency in the performance of the functions or duties of the agency or department.  Provides that it is unlawful for a  person, during the commission of a felony, to knowingly kill or seriously injure any search and rescue dog, any police animal, or any accelerant detection dog used by a firefighter or fire investigator for arson investigations in the performance of the animal's functions or duties or in training.  Provides that if the offender is found guilty, the offender shall be responsible for any veterinarian and medical expenses for the animal that was injured, and purchase and training costs for another, if the animal is killed or injured and is no longer able to be in service.  Provides that a violation is a Class 2 felony.
  


LRB102 23930 RLC 33130 b

 
 
A BILL FOR
 

  
HB5492LRB102 23930 RLC 33130 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. This Act may be referred to as Draco's Law.
 
5    Section 5. The Criminal Code of 2012 is amended  by adding 
6Section 48-12 as follows:
 
7    (720 ILCS 5/48-12 new)
8    Sec. 48-12. Injuring or killing police animals, service 
9animals, accelerant detection dogs, or search and rescue dogs.
10    (a) In this Section:
11    "Law enforcement agency" means an agency of the State or 
12of a unit of local government charged with enforcement of 
13State, county, or municipal laws or ordinances or with 
14managing custody of detained persons in this State, but does 
15not include a State's Attorney. 
16    "Police animal" has the meaning ascribed to it in Section 
172.08 of the Humane Care for Animals Act. 
18    "Search and rescue dog" has the meaning ascribed to it in 
19Section 2.01d of the Humane Care for Animals Act. 
20    (b)

It is unlawful for a  person, during the commission of a 
21felony, to knowingly kill or severely injure any animal used 
22by a law enforcement agency,  a fire department, or a search and 
 
 
HB5492- 2 -LRB102 23930 RLC 33130 b

1rescue team or agency in the performance of the functions or 
2duties of the agency or department.
3    (c) It is unlawful for a  person, during the commission of a 
4felony, to knowingly kill or seriously injure any search and 
5rescue dog, any police animal, or any accelerant detection dog 
6used by a firefighter or fire investigator for arson 
7investigations in the performance of the animal's functions or 
8duties or in training.
9    (d)

If the offender is found guilty under this Section, 
10the offender shall be responsible for any veterinarian and 
11medical expenses for the animal that was injured, and purchase 
12and training costs for another, if the animal is killed or 
13injured and is no longer able to be in service.
14    (e)

A person is not in violation of this Section if the 
15animal used by a law enforcement agency, search and rescue 
16agency, or a fire department was used against the person in 
17violation of the law enforcement agency use of force continuum 
18or agency's policy.
19    (f)  Sentence.  A violation of this Section is a Class 2 
20felony.