SB0206 103RD GENERAL ASSEMBLY

LRB103 25107 RJT 51442 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0206

Introduced 1/31/2023, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.990 new
510 ILCS 5/2.05a
510 ILCS 5/2.19-1 new
510 ILCS 5/2.19b
510 ILCS 5/15	from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 5/15.6 new

Amends the Animal Control Act. Provides that "dangerous dog" and "vicious dog" include dogs that attack companion animals. Requires the owner of a dog that has been deemed dangerous or vicious to place a sign by the owner's front door with a notice that a dangerous or vicious dog is kept or maintained at the residence and maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. Requires the Department of Agriculture to establish and maintain the Illinois Dangerous Dog Registry. Provides that the Registry shall include registration information on a statewide basis. Specifies the information that the Registry shall include about each dangerous or vicious dog. Provides that the address of the owner, the name and breed of the dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be made available to the public on the Department's website. Requires the Department to make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address. Requires the Department to set fees for the annual registration of dangerous and vicious dogs. Creates the Dangerous Dog Registry Fund, and provides that any funds collected shall be deposited into the Fund and used by the Department to maintain the Registry and the searchable mapping system on the Department's website. Makes a corresponding change in the State Finance Act.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Dangerous Dog Registry Fund.

Section 10. The Animal Control Act is amended by changing Sections 2.05a, 2.19b, 15, and 15.1 and adding Sections 2.19-1 and 15.6 as follows:

(510 ILCS 5/2.05a)

Sec. 2.05a. "Dangerous dog" means (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or (ii) a dog that, without justification, (A) bites a person and does not cause serious physical injury or (B) bites a companion animal and causes physical injury, other than serious physical injury.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.19-1 new)

Sec. 2.19-1. Registry. "Registry" means the Illinois Dangerous Dog Registry.

(510 ILCS 5/2.19b)

Sec. 2.19b. "Vicious dog" means (i) a dog that, without justification, (A) attacks a person and causes serious physical injury or death or (B) attacks a companion animal and causes serious physical injury or death or (ii) any individual dog that has been found to be a "dangerous dog" upon 2 3 separate occasions.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/15) (from Ch. 8, par. 365)

Sec. 15. (a) In order to have a dog deemed "vicious", the Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the State's Attorney's Office and the owner. The Administrator, State's Attorney, Director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator shall determine where the animal shall be confined during the pendency of the case.

A dog may not be declared vicious if the court determines the conduct of the dog was justified because:

(1) the threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or

(3) the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.

No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

If the burden of proof has been met, the court shall deem the dog to be a vicious dog.

If a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the county animal control fund, and the dog shall be spayed or neutered within 10 days of the finding at the expense of its owner and microchipped, if not already. The , and the dog shall be kept in a full is subject to enclosure and the owner shall place a sign by the owner's front door with a notice that a vicious dog is kept or maintained at the residence. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the owner until the Administrator, an Animal Control Warden, or the Director approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided.

(a-5) The owner of a dog deemed to be vicious shall maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. No insurer other than an insurer authorized to do business in this State shall issue a policy pursuant to this subsection. Nothing in this subsection shall deprive an insurer of any policy defense available under common law.

(b) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog's life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.

Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator, an Animal Control Warden, or the law enforcement authority having jurisdiction in such area.

If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 15 working days, the dog may be euthanized.

Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.

Guide dogs for the blind or hearing impaired, support dogs for persons with physical disabilities, accelerant detection dogs, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

(c) If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.

(d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.

(e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.

(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; 100-787, eff. 8-10-18.)

(510 ILCS 5/15.1)

Sec. 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending, within 10 business days of the Administrator or Director becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator or Director prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his or her designee, or the Director, to deem a dog to be "dangerous". No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

(b) A dog shall not be declared dangerous if the Administrator, or his or her designee, or the Director determines the conduct of the dog was justified because:

(1) the threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;

(2) the threatened person was abusing, assaulting, or physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or

(4) the dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this Section.

(d) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order (i) the dog's owner to pay a $50 public safety fine to be deposited into the county animal control fund, (ii) the dog to be spayed or neutered within 14 days at the owner's expense and microchipped, if not already, (iii) the dog's owner to place a sign by the owner's front door with a notice that a dangerous dog is kept or maintained at the residence, and (iv) (iii) one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:

(1) evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

(2) direct supervision by an adult 18 years of age or older whenever the animal is on public premises.

(d-5) The owner of a dog deemed to be dangerous shall maintain a liability insurance policy insuring against liability involving a dog-related incident for injury to a person or injury to or destruction of property. No insurer other than an insurer authorized to do business in this State shall issue a policy pursuant to this subsection. Nothing in this subsection shall deprive an insurer of any policy defense available under common law.

(e) The Administrator may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support dogs for persons with a physical disability, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of this Act and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.

(g) An animal control agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of this Act.

(Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)

(510 ILCS 5/15.6 new)

Sec. 15.6. Illinois Dangerous Dog Registry.

(a) The Department shall establish and maintain the Illinois Dangerous Dog Registry. The Registry shall include registration information provided by the owner of a dog deemed to be vicious under Section 15 or dangerous under Section 15.1 on a statewide basis.

(b) The Registry shall include the following information about each dog deemed to be vicious under Section 15 or dangerous under Section 15.1:

(1) name;

(2) sex;

(3) whether spayed or neutered;

(4) age;

(5) weight;

(6) primary breed;

(7) secondary breed;

(8) color and markings;

(9) the acts that resulted in the dog being deemed vicious or dangerous;

(10) microchip or tattoo number;

(11) address where the dog is kept or maintained;

(12) name, address, and telephone number of the dog's owner; and

(13) a statement whether the owner has complied with the provisions of the vicious or dangerous dog order.

If a vicious or dangerous dog is moved to a different location or the owner's contact information changes, the owner shall submit a renewal containing the new location and any other updated information to the Department within 10 days of the change. There shall be no charge to the owner for providing updated information between renewals.

(c) The address of the owner, the name and breed of the vicious or dangerous dog, and the acts that resulted in the dog being deemed vicious or dangerous shall be available to the public on the Department's website. The Department shall make the public information searchable via a mapping system that identifies all locations where vicious or dangerous dogs are kept or maintained within 5 miles of an identified address.

(d) Each owner of a dog deemed to be vicious under Section 15 or dangerous under Section 15.1 shall initially register the dog with the Department and pay any fee required for initial registration. The owner shall renew the registration annually with the Department and pay any fee required for a renewal. The Department shall adopt fee amounts for the initial and renewal registration of a dog deemed to be vicious or dangerous. Any funds collected pursuant to this subsection shall be deposited into the Dangerous Dog Registry Fund, a special fund that is created in the State treasury. Money in the Dangerous Dog Registry Fund shall be used by the Department to maintain the Registry and the searchable mapping system on the Department's website.